Section 33I PaymentF1

England and Wales

(1)

Any dispute as to the amount of a payment to be made under section 33A, 33B or 33C must be determined by the F2Upper Tribunal.

(2)

The acquiring authority must make any payment required by section 33A not later than whichever is the latest of the following dates—

(a)

the last day of the period specified in section 33A(4);

(b)

the last day of the period of three months beginning with the day the claim is made;

(c)

the day on which the amount of the payment is determined.

(3)

The authority must make any payment required by section 33B or 33C not later than whichever is the latest of the following dates—

(a)

the date the person is displaced from the land;

(b)

the last day of the period of three months beginning with the day the claim is made;

(c)

the day on which the amount of the payment is determined.

(4)

If paragraph (c) of subsection (2) or (3) applies the authority may at any time make a payment in advance to the person entitled to a payment (the claimant).

(5)

If when the value of the interest is agreed or determined the amount of a payment made under subsection (4) differs from the payment required by section 33A, 33B or 33C—

(a)

the amount by which the advance payment exceeds the payment required must be repaid by the claimant to the authority;

(b)

the amount by which the payment required exceeds the advance payment must be paid by the authority to the claimant.

(6)

The acquiring authority must pay interest on the amount required to be paid at the rate prescribed by regulations under section 32 of the Land Compensation Act 1961.

(7)

Interest accrues from the date specified in paragraph (a) of subsection (2) or (3) (as the case may be).

(8)

The authority may, at the request of the person entitled to the payment, make a payment on account of the interest mentioned in subsection (6).

Annotations

Textual amendments

F1: Ss. 33E-33K inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 109; S.I. 2004/2593, art. 2(a)
F2: Words in s. 33I(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 106 (with Sch. 5)

Notes on Other loss payments

Textual amendments

F1: S. 33A and cross-heading inserted (31.10.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 106 (with s. 106(2)(3)); S.I. 2004/2593, art. 2(a)