Planning and Compensation Act 1991

80 Interest on compensation and payments on account

(1) Compensation payable under any provision mentioned in column 1 of an entry in Part I of Schedule 18 to this Act shall carry interest at the rate for the time being prescribed under section 32 of the [1961 c. 33.] Land Compensation Act 1961 or, in relation to Scotland, section 40 of the Land Compensation (Scotland) Act 1963 from the date shown against that provision in column 2 of the entry until payment.

(2) If it appears to any person that he may become liable to pay to another—

(a) compensation under any provision mentioned in Schedule 18 to this Act, or

(b) interest under subsection (1) above, under any provision mentioned in Part II of Schedule 18 to this Act or under any bond under section 85 of the [1845 c. 18.] Lands Clauses Consolidation Act 1845 or Schedule 3 to the [1965 c. 56.] Compulsory Purchase Act 1965,

he may, if the other person requests him in writing to do so, make one or more payments on account of such compensation or interest.

(3) If after a payment has been made by any person under subsection (2) above—

(a) it is agreed or determined that he is not liable to pay the compensation or interest, or

(b) by reason of any agreement or determination, any payment under that subsection is shown to have been excessive,

the payment or, as the case may be, excess shall be recoverable by that person.

(4) The Secretary of State may by order amend that Schedule by adding further entries or provisions to Part I or Part II.

(5) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.