2004 No. 1631

ACQUISITION OF LAND, ENGLANDCOMPENSATION, ENGLAND

The Home Loss Payments (Prescribed Amounts)(England) Regulations 2004

Made

Laid before Parliament

Coming into force

The First Secretary of State, in exercise of the powers conferred upon him by section 30(5) of the Land Compensation Act 19731, hereby makes the following Regulations:

Citation, commencement and application1

1

These Regulations may be cited as the Home Loss Payments (Prescribed Amounts)(England) Regulations 2004 and shall come into force on 1st September 2004.

2

These Regulations shall apply to England only and in relation to cases where the date of displacement occurs on or after 1st September 2004.

Revision of prescribed amounts for home loss payment2

1

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

a

the prescribed maximum amount of home loss payment2 shall be £34,000; and

b

the prescribed minimum amount of home loss payment shall be £3,400.

2

For the purposes of section 30(2) of the Land Compensation Act 1973 the prescribed amount of home loss payment shall be £3,400.

Revocation and savings3

1

Subject to paragraph (2), the Home Loss Payments (England) Regulations 20033 are hereby revoked.

2

The Regulations mentioned in paragraph (1) shall continue to have effect in relation to a displacement occurring before the date on which these Regulations come into force.

Signed by the authority of the First Secretary of State

Keith HillMinister of State,Office of the Deputy Prime Minister

(This note is not part of the Regulations)

These Regulations increase the amount of home loss payments payable under the Land Compensation Act 1973 (“the Act”) prescribed in the Home Loss Payments (England) Regulations 2003. A person is entitled to a home loss payment when he is displaced from a dwelling by compulsory purchase or in the other circumstances specified in section 29 of the Act as amended by the Planning and Compensation Act 1991.

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 that interest, subject to a maximum and minimum amount.

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

Regulation 2(1)(a) of these Regulations increases the amount payable under section 30(1) of the Act from £31,000 to £34,000 and regulation 2(1)(b) increases the minimum amount from £3,100 to £3,400. Regulation 2(2) increases the home loss payment under section 30(2) of the Act in any other case from £3,100 to £3,400.

These increases have been calculated by reference to the Office of the Deputy Prime Minister’s house price index and reflect an increase in line with house price inflation.

The revised amounts apply where the displacement occurs on or after 1st September 2004.

A full regulatory impact assessment has not been produced for these Regulations, as they have no impact on the costs of businesses, charities and voluntary bodies.