Part III

Provisions for Benefit of Persons Displaced From Land

Home loss payments

Amount of home loss payment.
28
1
In the case of a person who on the date of displacement is occupying, or is treated for the purposes of section 27 above as occupying, the dwelling by virtue of an interest in it which is an owner’s interest, the amount of the home loss payment shall be 10 per cent. of the market value of his interest in the dwelling or, as the case may be, the interest in the dwelling vested in trustees, subject to a maximum of £15,000 and a minimum of £1,500.
2
In any other case, the amount of the home loss payment shall be £1,500.
3
For the purposes of this section and section 29 below the market value of an interest in a dwelling—
a
in a case where the interest is compulsorily acquired, is the amount assessed for the purposes of the acquisition as the value of the interest; and
b
in any other case, is the amount which, if the interest were being compulsorily acquired in pursuance of a notice to treat served on the date of displacement, would be assessed for the purposes of the acquisition as the value of the interest,
and any dispute as to the amount referred to in paragraph (b) above shall be determined by the Lands Tribunal.
4
In determining for the purposes of this section and section 29 below the market value of an interest in a dwelling, the dwelling shall be taken to include any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that dwelling.
5
The Secretary of State may from time to time by regulations prescribe a different maximum or minimum for the purposes of subsection (1) above and a different amount for the purposes of subsection (2) above.
6
The power to make regulations under subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
7
In this section “
owner’s interest
” means the interest of a person who is an owner as defined in section 45(1) of the Land Compensation (Scotland) Act 1963.
S. 28 substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 28:2), s. 71(3) (with s. 84(5)); S.I. 1991/2092, art.3
Pt. III applied with modifications by Offshore Petroleum Development (Scotland) Act 1975 (c. 8), s. 1, Sch. 2 para. 1(1)-(4)