Part 7: Compulsory Purchase Etc Compensation Section 197: Repayment of advance payment where no compulsory purchase
Section 197(3) repeals subsection (5) of section 52 of the Land Compensation Act 1973. Section 197(4) amends subsection (9) of section 52 to make clear that, where the claimant's interest in some or all of the land has been acquired by another person (perhaps by sale or inheritance), the amount of the advance payment (together with any amount paid under section 52A) is to be set off against any sum payable by the authority to that other person in respect of the compulsory acquisition of the interest acquired.
	Section 197(5) inserts new section 52AZA into the 1973 Act. It replaces section 52(5) of the 1973 Act and provides for repayment of an advance payment by the claimant if the notice to treat is withdrawn or ceases to have effect after the advance payment is made. If another person has since acquired the whole of the claimant's interest in the land, the successor will be required to repay the advance payment (provided it was registered as a local land charge in accordance with section 52(8A) of the 1973 Act).