Section 192 — Housing and Planning Act 2016: Making a claim for compensation

Making a claim for compensation 192 1 After section 4 of the Land Compensation Act 1961 (costs) insert— Making a claim for compensation 4A 1 The appropriate national authority may by regulations impose further requirements about the notice mentioned in section 4(1)(b).

2 In subsection (1) “ appropriate national authority ” means—

a in relation to a claim for compensation for the compulsory acquisition of land in England, the Secretary of State;

b in relation to a claim for compensation for the compulsory acquisition of land in Wales, the Welsh Ministers.

3 Regulations under subsection (1) may make provision about—

a the form and content of the notice, and b the time at which the notice must be given.

4 Regulations under subsection (1) may permit or require a person specified in the regulations to design the form of the notice.

5 Regulations under subsection (1) may require an acquiring authority to supply, at specified stages of the compulsory acquisition process, copies of a form to be used in giving the notice.

6 Regulations under subsection (1) are to be made by statutory instrument.

7 A statutory instrument containing regulations under subsection (1) is subject to annulment—

a in the case of an instrument made by the Secretary of State, in pursuance of a resolution of either House of Parliament;

b in the case of an instrument made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales.

2 In section 5 of the Compulsory Purchase Act 1965 (notice to treat and untraced owners), after subsection (2) insert— 2ZA For provision about notice of claims for compensation, see sections 4 and 4A of the Land Compensation Act 1961.