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The Highways Noise Payments (Movable Homes) (Wales) Regulations 2001

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Persons to whom noise payments may be made

9.—(1) A noise payment may only be made to a person who —

(a)has made an application for a noise payment in accordance with Regulation 10;

(b)at no time during the period which begins on the relevant date and ends on the date on which the application was made has had a disqualifying interest in the land on which the eligible home was stationed or, in the case of a houseboat, to which it was moored or otherwise secured;

(c)occupied the eligible home in respect of which the payment is made as a sole or main residence throughout the whole of the qualifying period and continued to do so up to and including the day on which the application was made.

(2) Where, in relation to an eligible home, it appears to the authority that there is more than one person to whom paragraph (1) of this regulation would authorise a noise payment to be made the authority may, in its discretion apportion any noise payment which it decides to make between those persons and if it does so any payments which it makes to different persons under this sub-paragraph shall be treated for the purposes of regulation 5 as a single payment of the total of these payments.

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