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You are here: BAILII >> Databases >> The Law Commission >> TOWARDS A COMPULSORY PURCHASE CODE: (1) COMPENSATION (A Consultative Report) [2002] EWLC 165(10) (24 June 2002) URL: http://www.bailii.org/ew/other/EWLC/2002/165(10).html Cite as: [2002] EWLC 165(10) |
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Part X
Repeals
We have not concluded a detailed review of the current legislation to identify the full extent of consequential repeals and amendments. At this stage the following is a list of existing provisions which would be directly affected. The Proposals mentioned in this Report are to replace the following existing statutory provisions, which will accordingly be repealed:
ss 5-9, 10A, Sched 1 (rules for determining amount of compensation)
ss 14-16 (planning assumptions)
ss 17-22 (certificates of appropriate alternative development)
ss 23-30, Sched 3 (compensation for additional development)
s 7 (compensation for severance etc)
s 10 (injurious affection where no land is taken)[1]
s 2(3) and (6) (rateable value limit of £24,600)[2]
s 4(5) (existing use only)[3]
s 5 (requirement to assume that no permission would be granted for new development)[4]
s 44 (injurious affection by the whole of the works)[5]
s 45 (disturbance provisions for the disabled, and over 60s)[6]
ss 47-8 (continuation of business and agricultural tenancies)[7]
s 50 (compensation where occupier is rehoused)[8]
s 51 (designation in new town for public development)[9]
ss 52, 52A (advance payment)[10]
s 4 (disregard of enhancements)[11]
The remaining provisions of the Land Compensation Act 1961 will be subject to review. They are:
ss 1-4 (Determination of disputed compensation)[12]
s 11 (land of statutory undertakers)
s 12 (outstanding right to compensation for refusal of permission)[13]
s 31 (withdrawal of notices to treat)[14]
s 32 (rate of interest after entry)[15]
ss 33-42 (miscellaneous and interpretation)[16]
Consultation issue
Do consultees have any comments on the proposed repeals?
[2]See Proposal 17(2)(a)(i).
[3]See Proposal 17(2)(a)(ii).
[4]See Proposal 17(2)(a)(iii).
[5]See Proposal 5(3).
[6]See, respectively, Proposals 6(3) and 4(3).
[7]See Proposal 7(1).
[8]See Proposal 7(2).
[9]This complicated provision is linked to 1961 Act s 6, which is to be repealed without replacement.
[10]See Proposal 13.
[11]See Proposal 7(4)(b).
[12]The President of the Lands Tribunal has proposed that ss 2-4 should be repealed and replaced (so far as necessary) by rules and practice directions: see Law Commission’s Scoping Paper (March 2001), para 46-7.
[13]This section, which is related to obsolete provisions for compensation under the Town and Country Planning Act 1947, can probably be repealed.
[14]To be considered as part of the Law Commission’s Implementation Report.
[15]See Proposal 15.
[16]To be considered at the stage of detailed drafting.
