Section 194 — Housing and Planning Act 2016: Making a request for advance payment of compensation

Making a request for advance payment of compensation 194 1 The Land Compensation Act 1973 is amended as follows.

2 In section 52 (right to advance payment of compensation), for subsection (2) substitute— 2 A request for advance payment must be made in writing by the person entitled to it (“ the claimant ”) and must include—

a details of the claimant's interest in the land, and b information to enable the acquiring authority to estimate the amount of the compensation in respect of which the advance payment is to be made. 2A Within 28 days of receiving a request, the acquiring authority must—

a determine whether they have enough information to estimate the amount of compensation, and b if they need more information, require the claimant to provide it.

3 In section 52ZC (land subject to mortgage: supplementary), for subsection (2) substitute— 2 Within 28 days of receiving a request for a payment under section 52ZA or 52ZB, the acquiring authority must—

a determine whether they have enough information to give effect to section 52ZA or, as the case may be, 52ZB, and b if they need more information, require the claimant to provide it.

4 After section 52ZC (land subject to mortgage: supplementary) insert— Making a request for advance payment 52ZD 1 The appropriate national authority may by regulations impose requirements about the form and content of a request under section 52(2), 52ZA(3) or 52ZB(3).

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

a in relation to a request relating to the compulsory acquisition of land in England, the Secretary of State;

b in relation to a request relating to the compulsory acquisition of land in Wales, the Welsh Ministers.

3 Regulations under subsection (1) may permit or require a person specified in the regulations to design a form to be used in making a request.

4 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 making a request.

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

6 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.