Local Government (Miscellaneous Provisions) Act 1976

29 Repayment of unclaimed compensation etc. paid into court. E+W

(1) Where—

(a) a local authority has paid money into court in pursuance of section 76 or 85 of the M1 Lands Clauses Consolidation Act 1845 or section 9 of or Schedule 2 F1 ... to the M2 Compulsory Purchase Act 1965; and

(b) after the expiration of the period of twelve years beginning with the date when the money was paid into court any of the money, or any assets attributable to the money by way of interest, securities, accumulations from securities, proceeds of sale of securities or otherwise, has not or have not been ordered by a court of competent jurisdiction to be paid or transferred to or applied for the benefit of the authority or another person,

the High Court may, on the application of the authority, order that the money or assets shall be paid or transferred to the authority.

(2) Where at any time after money has been paid or assets have been transferred to a local authority in pursuance of the preceding subsection it appears to the High Court, on the application of another person, that the Court would have ordered the whole or part of the money or assets to be paid or transferred to the applicant if the money or assets had not been paid or transferred to the authority as aforesaid, the Court may order the authority to pay to the applicant such a sum as the Court considers just.

(3) If a former authority paid money into court as mentioned in subsection (1)(a) of this section in respect of land or an interest in land which—

(a) is held by a local authority; and

(b) has not since its acquisition by the former authority been transferred otherwise than by an Act or an order made under an Act,

subsection (1) of this section shall have effect in relation to the payment as if it had been made by the local authority on the date on which it was actually made; and in this subsection “former authority” means an authority which has ceased to exist and which, when it existed, was constituted in pursuance of the enactments relating to local government which were then in force.

[F2 (4) For the purposes of the preceding subsection—

(a) any land held by a parish council shall be treated as held by the district council whose area includes the area of the parish council, and

(b) any land held by a community council shall be treated as held by the county or county borough council whose area includes the area of the community council.]

Textual Amendments

F1 Words in s. 29(1)(a) omitted (13.7.2016) by virtue of Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 16 para. 14; S.I. 2016/733, reg. 3(j)

F2 S. 29(4)(a)(b) substituted for subsection (4) (7.1.1997) by S.I. 1996/3071, art. 2, Sch.

Modifications etc. (not altering text)

C1 Power to apply s. 29 conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (c)(i); S.I. 1997/1930, art. 2(2)(m)

C2 S. 29 extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 1(2)(d)(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

C3 S. 29 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts. 1(1), 4, Sch.

C4 S. 29 modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), arts. 1(1), 4, Sch.

C5 S. 29(1) applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 4(2)

C6 S. 29(1) modified (E.) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 33(2), Sch. 5 para. 4(2)

Marginal Citations

M1 1845 c. 18.

M2 1965 c. 56.