1 Citation, commencement and application

(1)    These Regulations may be cited as the Home Loss Payments (Prescribed Amounts) (England) Regulations 2007 and shall come into force on 1st September 2007.

(2)    These Regulations shall apply in relation to cases of displacement in England only.

NOTES
Initial Commencement
Specified date

Specified date: 1 September 2007: see para (1) above.

2 Revision of prescribed amounts for home loss payment

2Revision of prescribed amounts for home loss payment

(1)    This regulation applies where the date of displacement is on or after 1st September 2007.

(2)    For the purposes of section 30(1) of the Land Compensation Act 1973—

(a)    the prescribed maximum amount of home loss payment shall be £44,000; and

(b)    the prescribed minimum amount of home loss payment shall be £4,400.

(3)    For the purposes of section 30(2) of the Land Compensation Act 1973 the prescribed amount of home loss payment shall be £4,400.

NOTES
Initial Commencement
Specified date

Specified date: 1 September 2007: see reg 1(1).

3 Revocation and savings

3Revocation and savings

(1)    Subject to paragraph (2), the Home Loss Payments (Prescribed Amounts) (England) Regulations 2006 are revoked.

(2)    The Regulations mentioned in paragraph (1) shall continue to have effect in relation to a displacement occurring before 1st September 2007.

NOTES
Initial Commencement
Specified date

Specified date: 1 September 2007: see reg 1(1).

Signature

Signed by authority of the Secretary of State

Kay Andrews

Parliamentary Under Secretary of State

Department for Communities and Local Government

15th June 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (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 £40,000 to £44,000 and regulation 2(2)(b) increases the minimum amount from £4,000 to £4,400.

Regulation 2(3) increases the home loss payment under section 30(2) of the Act from £4,000 to £4,400.

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 2007.

Regulation 3 revokes, with savings, the Home Loss Payments (Prescribed Amounts) (England) Regulations 2006.

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.