104 Compensation: advance payments to mortgagees
Planning and Compulsory Purchase Act 2004 (2004 c 5) | Legislation

Advance payments

104  Compensation: advance payments to mortgagees

(1)     The Land Compensation Act 1973 is amended as follows.

(2)     In section 52 (right to advance payment of compensation)—

(a)     after subsection (1) there are inserted the following subsections—

“(1A)     If the acquiring authority have taken possession of part of the land—

(a)     specified in a notice of entry, or

(b)     in respect of which a payment into court has been made,

the compensation mentioned in subsection (1) is the compensation payable for the compulsory acquisition of the interest in the whole of the land.

(1B)     Notice of entry and payment into court must be construed in accordance with section 5A of the Land Compensation Act 1961.”,

(b)     for subsection (6) there is substituted the following subsection—

“(6)     If the land is subject to a mortgage sections 52ZA and 52ZB apply.”

(3)     After section 52 of that Act there are inserted the following sections—

“52ZA Advance payments: land subject to mortgage

(1)     This section applies if—

(a)     an acquiring authority take possession of land,

(b)     a request is made in accordance with section 52(2) for an advance payment, and

(c)     the land is subject to a mortgage

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