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Housing and Planning Act 2016

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This is the original version (as it was originally enacted).

194Making a request for advance payment of compensation

This section has no associated Explanatory Notes

(1)The Land Compensation Act 1973 is amended as follows.

(2)In section 52 (right to advance payment of compensation), for subsection (2) substitute—

(2)A request for advance payment must be made in writing by the person entitled to it (“the claimant”) and must include—

(a)details of the claimant’s interest in the land, and

(b)information to enable the acquiring authority to estimate the amount of the compensation in respect of which the advance payment is to be made.

(2A)Within 28 days of receiving a request, the acquiring authority must—

(a)determine whether they have enough information to estimate the amount of compensation, and

(b)if they need more information, require the claimant to provide it.

(3)In section 52ZC (land subject to mortgage: supplementary), for subsection (2) substitute—

(2)Within 28 days of receiving a request for a payment under section 52ZA or 52ZB, the acquiring authority must—

(a)determine whether they have enough information to give effect to section 52ZA or, as the case may be, 52ZB, and

(b)if they need more information, require the claimant to provide it.

(4)After section 52ZC (land subject to mortgage: supplementary) insert—

52ZDMaking a request for advance payment

(1)The appropriate national authority may by regulations impose requirements about the form and content of a request under section 52(2), 52ZA(3) or 52ZB(3).

(2)In subsection (1) “appropriate national authority” means—

(a)in relation to a request relating to the compulsory acquisition of land in England, the Secretary of State;

(b)in relation to a request relating to the compulsory acquisition of land in Wales, the Welsh Ministers.

(3)Regulations under subsection (1) may permit or require a person specified in the regulations to design a form to be used in making a request.

(4)Regulations under subsection (1) may require an acquiring authority to supply, at specified stages of the compulsory acquisition process, copies of a form to be used in making a request.

(5)Regulations under subsection (1) are to be made by statutory instrument.

(6)A statutory instrument containing regulations under subsection (1) is subject to annulment—

(a)in the case of an instrument made by the Secretary of State, in pursuance of a resolution of either House of Parliament;

(b)in the case of an instrument made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales.

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