- Statutory Instrument 2006 No. 1658
The Home Loss Payments (Prescribed Amounts) (England) Regulations 2006
© Crown Copyright 2006
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Home Loss Payments (Prescribed Amounts) (England) Regulations 2006, ISBN 0110747399. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 21st June 2006 | ||
| Laid before Parliament | 28th June 2006 | ||
| Coming into force | 1st September 2006 |
The Secretary of State, in exercise of the powers conferred by section 30(5) of the Land Compensation Act 1973[1], makes the following Regulations:
Citation, commencement and application
1. —(1) These Regulations may be cited as the Home Loss Payments (Prescribed Amounts) (England) Regulations 2006 and shall come into force on 1st September 2006.
(2) These Regulations shall apply in relation to cases of displacement in England only.
Revision of prescribed amounts for home loss payment
2. —(1) This regulation applies where the date of displacement is on or after 1st September 2006.
(2) For the purposes of section 30(1) of the Land Compensation Act 1973—
-
(a) the prescribed maximum amount of home loss payment[2] shall be £40,000; and
(b) the prescribed minimum amount of home loss payment shall be £4,000.
(3) For the purposes of section 30(2) of the Land Compensation Act 1973 the prescribed amount of home loss payment shall be £4,000.
Revocation and savings
3.
—(1) Subject to paragraph (2), the Home Loss Payments (Prescribed Amounts) (England) Regulations 2005[3] are revoked.
(2) The Regulations mentioned in paragraph (1) shall continue to have effect in relation to a displacement occurring before 1st September 2006.
Signed by authority of one of her Majesty's Principal Secretaries of State
Yvette Cooper
Minister of State Department for Communities and Local Government
21st June 2006
(This note is not part of the Regulations)
These Regulations increase the amount of home loss payments payable under section 30 of the Land Compensation Act 1973 ("the Act"). 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.
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 the interest, subject to a maximum and minimum amount.
Section 30(2) specifies the amount of the home loss payment in any other case.
Regulation 2(2)(a) of these Regulations increases the maximum amount payable under section 30(1) of the Act from £38,000 to £40,000 and regulation 2(2)(b) increases the minimum amount from £3,800 to £4,000.
Regulation 2(3) increases the home loss payment under section 30(2) of the Act from £3,800 to £4,000.
These increases have been calculated by reference to the Department for Communities and Local Government's house price index, which varies in line with changes to house prices.
The revised amounts apply where the displacement occurs on or after 1st September 2006.
Regulation 3 revokes, with savings, the Home Loss Payments (Prescribed Amounts) (England) Regulations 2005.
A full regulatory impact assessment has not been produced for these Regulations, as they put into effect an annual up-rating in line with house price inflation.
Notes:
[1] 1973 c.26. Section 30 was substituted by section 68(3) of the Planning and Compensation Act 1991 (c. 34). The functions of the Secretary of State under section 30(5) were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2; see the entry for the Land Compensation Act 1973 in Schedule 1 to the Order.back
[2] For the definition of "home loss payment", see section 29(1) of the Land Compensation Act 1973.back
ISBN 0 11 074739 9