Local Government, Planning and Land Act 1980
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Change 1
114 Claims for home loss payments.
(1) Section 32 of the Act of 1973 and section 29 of the Scottish Act of 1973 (home loss payments) shall be amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In subsection (4) of each section for the words from the beginning to “expiration of that period" there shall be substituted the words “ Where a person (“the deceased") entitled to a home loss payment dies without haviing claimed it, a claim to the payment may be made ”. (4) After subsection (7) of the said section 32 there shall be inserted the following subsection— (7A) For the purposes of the Limitation Act 1939 a person’s right of action to recover a home loss payment shall be deemed to have accrued on the date of the displacement. . (5) After subsection (7) of the said section 29 there shall be inserted the following subsection— (7A) Section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make a home loss payment, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the date of the displacement. . (6) Each section shall have effect without the amendments made by the preceding provisions of this section in cases where the date of displacement was more than six months before the passing of this Act.
114 Claims for home loss payments.
(1) Section 32 of the Act of 1973 and section 29 of the Scottish Act of 1973 (home loss payments) shall be amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In subsection (4) of each section for the words from the beginning to “expiration of that period" there shall be substituted the words “ Where a person (“the deceased") entitled to a home loss payment dies without haviing claimed it, a claim to the payment may be made ”. (4) After subsection (7) of the said section 32 there shall be inserted the following subsection— (7A) For the purposes of the Limitation Act 1939 a person’s right of action to recover a home loss payment shall be deemed to have accrued on the date of the displacement. . (5) After subsection (7) of the said section 29 there shall be inserted the following subsection— (7A) Section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make a home loss payment, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the date of the displacement. . (6) Each section shall have effect without the amendments made by the preceding provisions of this section in cases where the date of displacement was more than six months before the passing of this Act.
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