{ "url": "https://openlegislation.uk/town-and-country-planning-compensation-and-certificates-regulations-1974/regulation-12", "json_url": "https://openlegislation.uk/town-and-country-planning-compensation-and-certificates-regulations-1974/regulation-12.json", "legislation": "uksi/1974/1242", "legislation_title": "The Town and Country Planning (Compensation and Certificates) Regulations 1974", "legislation_url": "https://openlegislation.uk/town-and-country-planning-compensation-and-certificates-regulations-1974", "path": "regulation/12", "kind": "regulation", "number": "12", "heading": "Disputes", "text": "(1) Where a rentcharge claim has been duly made under paragraph (2) or paragraph (4) of regulation 10 in respect of a rentcharge (in this regulation referred to as “the rentcharge in question”) the Secretary of State shall, on giving notice of his findings as to the amount of compensation, send a notice (in this regulation referred to as “a rentcharge notice”) to the original applicant and the owner of the rentcharge in question.\n(2) A rentcharge notice shall specify—\n(a) the amount of the rentcharge payment which the Secretary of State has determined to be payable in respect of the rentcharge in question, the annual equivalent of the rentcharge payment and the manner in which such amount and value have been ascertained under Schedule 2 to these regulations; and\n(b) the amount of any rentcharge payment which the Secretary of State has determined to be payable in respect of any prior rentcharge or would have so determined on a rentcharge claim by that rentcharge owner:\nProvided that where no rentcharge payment is payable, the notice shall specify that fact as if an amount were determined to be payable.\n(3) Subject to paragraph (5) of this regulation, if any person to whom a rentcharge notice has been sent wishes to dispute any part of that notice, he may, within thirty days of the issue of the rentcharge notice, give in writing to the Lands Tribunal a notice of dispute specifying the part or parts of the rentcharge notice to which the dispute relates, and thereupon the dispute shall be referred to the Lands Tribunal.\n(4) Where a notice of dispute has been given under the last preceding paragraph, the Secretary of State shall notify the other person to whom the rentcharge notice was sent, and, where the dispute relates to or affects a rentcharge payment in respect of a rentcharge other than the rentcharge in question, shall notify the owner of that rentcharge.\n(5) Where after receipt of a rentcharge notice any person signifies in writing to the Secretary of State his agreement to that notice, he shall not thereafter be entitled to give a notice of dispute under paragraph (3) of this regulation.\n(6) The original applicant and the owner of the rentcharge in question and, so far as the dispute relates to or may affect the amount of a rentcharge payment in respect of a rentcharge other than the rentcharge in question, the owner of that rentcharge, shall, on compliance with the rules of the Lands Tribunal for the time being in force, be afforded an opportunity to be heard in any dispute before the Lands Tribunal under this regulation.\n(7) The Lands Tribunal shall by their decision either confirm or vary the rentcharge notice relating to the rentcharge in question and shall notify the parties of their decision:\nProvided that where on a reference of the Secretary of State's findings as to the compensation payable under Part VII of the Act the amount of such compensation has been varied by the Lands Tribunal, that variation shall be taken into account, but, save as aforesaid, the Tribunal shall not by their decision vary such amount.\n(8) Where the Lands Tribunal vary a rentcharge notice under the last preceding paragraph, effect shall be given by the Secretary of State to such variation in making any rentcharge payment out of the said compensation whether or not the rentcharge notice relating to that payment has been varied by the Tribunal.", "extent": null, "status": null, "version": "current", "annotations": [], "outstanding_effects": [ { "type": "words substituted", "affecting": "uksi/2009/1307", "affecting_title": "The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009" }, { "type": "words substituted", "affecting": "uksi/2009/1307", "affecting_title": "The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009" }, { "type": "words substituted", "affecting": "uksi/2009/1307", "affecting_title": "The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009" }, { "type": "words substituted", "affecting": "uksi/2009/1307", "affecting_title": "The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009" }, { "type": "words substituted", "affecting": "uksi/2009/1307", "affecting_title": "The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009" }, { "type": "words omitted", "affecting": "uksi/2009/1307", "affecting_title": "The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009" }, { "type": "words omitted", "affecting": "uksi/2009/1307", "affecting_title": "The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009" }, { "type": "words substituted", "affecting": "uksi/2009/1307", "affecting_title": "The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009" } ], "provenance": { "source": "legislation.gov.uk", "source_url": "https://www.legislation.gov.uk/uksi/1974/1242/regulation/12", "retrieved_at": "2026-10-29T21:28:09.569424+00:00" }, "licence": "Open Government Licence v3.0", "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/", "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives." }