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Housing Act 1957

Housing Act 1957 Sch SECOND para 6

Sch SECOND para 6

(1) This paragraph shall have effect where on or after the thirteenth day of December, nineteen hundred and fifty-five, a house has been purchased at site value in pursuance of a compulsory purchase order made by virtue of Part II or Part III of this Act or vacated in pursuance of— (a) a demolition order under Part II of this Act, or (b) a clearance order. (2) If at the date of the making of the order the house was occupied wholly or partly for the purposes of a business and the person entitled to the receipts of the business held an interest in the house, the local authority by whom the order was made shall make in respect of that interest a payment of the amount hereinafter specified: Provided that no payment shall be made under this paragraph in respect of any interest in a house unless the house was occupied wholly or partly for business purposes, and a person entitled to the receipts of a business carried on wholly or partly therein held an interest in the house, either on the thirteenth day of December, nineteen hundred and fifty-five, or at all times during the ten years preceding the date of the making of the order. (3) The amount of the payment shall be the full compulsory purchase value of the interest less the compensation which was or would have been payable in respect of the interest in connection with the compulsory purchase of the house at site value: Provided that any amount which would otherwise be payable shall be reduced by so much, if any, of that amount as may reasonably be attributed to any part of the house not occupied at the date of the making of the order for the purposes of the business. (4) Any question arising under the proviso to the last foregoing sub-paragraph as to the purposes for which any part of a house was occupied shall be determined by the Minister, and. subject thereto the amount of any payment in respect of an interest under this section shall be determined (in default of agreement), and any such payment shall be dealt with, as if it were compensation payable in respect of a compulsory purchase of the interest under Part III of this Act. (5) In this paragraph " business ", in relation to the purposes for which a house was occupied, does not include the letting of accommodation in that house, whether with or without service.

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