The Home Loss Payments (Prescribed Amounts) (England) Regulations 2015

Statutory Instruments

2015 No. 1514

Acquisition Of Land, England

Compensation

The Home Loss Payments (Prescribed Amounts) (England) Regulations 2015

Made

13th July 2015

Laid before Parliament

16th July 2015

Coming into force

1st October 2015

The Secretary of State, in exercise of the powers conferred by section 30(5) of the Land Compensation Act 1973(1), makes the following Regulations:

Citation, commencement and application

1.—(1) These Regulations may be cited as the Home Loss Payments (Prescribed Amounts) (England) Regulations 2015 and shall come into force on 1st October 2015.

(2) These Regulations shall apply in relation to cases of displacement in England only.

Revision of prescribed amounts for home loss payment

2.—(1) This regulation applies where the date of displacement is on or after 1st October 2015.

(2) For the purposes of section 30(1) of the Land Compensation Act 1973—

(a) the prescribed maximum amount of home loss payment(2) shall be £53,000; and

(b) the prescribed minimum amount of home loss payment shall be £5,300.

(3) For the purposes of section 30(2) of the Land Compensation Act 1973, the prescribed amount of home loss payment shall be £5,300.

Revocation and savings

3.—(1) Subject to paragraph (2), the Home Loss Payments (Prescribed Amounts) (England) Regulations 2014(3) are revoked.

(2) The Regulations mentioned in paragraph (1) shall continue to have effect in relation to a displacement occurring before 1st October 2015.

Signed by authority of the Secretary of State for Communities and Local Government

Brandon Lewis

Minister of State

Department for Communities and Local Government

13th July 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations increase the amount of home loss payments payable in England under section 30 of the Land Compensation Act 1973 (“the Act”). A person is entitled to a home loss payment when they are displaced from a dwelling by compulsory purchase or in the other circumstances specified in section 29 of the Act.

Section 30(1) of the Act provides that in cases where a person occupying a dwelling on the date of displacement has an owner’s interest, the amount of home loss payment is calculated as a percentage of the market value of the interest, subject to a maximum and minimum amount.

Section 30(2) specifies the amount of the home loss payment in any other case.

Regulation 2(2)(a) of these Regulations increases the maximum amount payable under section 30(1) of the Act from £49,000 to £53,000 and regulation 2(2)(b) increases the minimum amount from £4,900 to £5,300.

Regulation 2(3) increases the home loss payment under section 30(2) of the Act from £4,900 to £5,300.

The revised amounts apply where the displacement occurs on or after 1st October 2015.

Regulation 3 revokes, with savings, the Home Loss Payments (Prescribed Amounts) (England) Regulations 2014 (S.I. 2014/1966).

An impact assessment has not been produced for these Regulations as they put into effect an up-rating in line with house price inflation.

The Explanatory Memorandum will be published alongside the instrument on www.legislation.gov.uk.

(1)

1973 c.26. Section 30 was substituted by section 68(3) of the Planning and Compensation Act 1991 (c.34).

(2)

For the definition of “home loss payment”, see section 29(1) of the Land Compensation Act 1973.

(3)

S.I. 2014/1966.