AMENDMENTS, TRANSITIONAL PROVISIONS, SAVINGS AND REPEALS (Hansard, 25 June 1974)

§ Mr. Kaufman

I beg to move Amendment No 32, in page 102, line 15, at end insert: '(1A) In Schedule 11 to this Act, the amendments of the Land Compensation Act 1973 and the Land Compensation (Scotland) Act 1973 shall have effect in the case of persons displaced on or after the date of the passing of this Act'. The Land Compensation Act 1973 provides broadly that residential occupiers displaced by compulsory purchase or other specified action by a public body should receive home loss and disturbance payments and be rehoused where suitable alternative accommodation on reasonable terms is not otherwise available. Paragraph 29, 30 and 31 of Schedule 11 amend Sections 29, 37 and 39 of the Act concerning persons displaced as a result of the improvement of their homes within the scope of these provisions.

Section 43 of the 1973 Act empowers an acquiring authority to pay the reasonable expenses of purchasing a house other than the purchase price if a displaced tenant wishes to acquire a dwelling in substitution for that from which he is displaced. Paragraph 32 of Schedule 11 extends this to cover displacement by a public body in cases other than compulsory purchase, including improvement works.

The opportunity was also taken to make minor and consequential amendments to Sections 29, 37, 39 and 42 of the 1973 Act.

This amendment to Clause 112 provides that the amendments to the 1973 Act effected by paragraphs 29 to 32 of Schedule 11, and equivalent amendments in paragraphs 33 to 36 of Schedule 11 to the equivalent Scottish provisions, shall 1415 have effect where residents are displaced on or after the date on which this Bill receives the Royal Assent.

The 1973 Act provided that the home loss payment and disturbance payment provisions should apply to displacements on or after 17th October 1972, the date the proposals were announced in a White Paper. Without the specific provision in this amendment the extension to these provisions might erroneously be interpreted as applying retrospectively from 17th October 1972.

The date of the passing of the Act has been selected, rather than the subsequent date on which it comes into operation, to benefit the greatest number of people without making the Act retrospective.