Section 60Part 6 — COMMUNITY HOMES
Financial provisions applicable on cessation of controlled or assisted community home or disposal, etc. of premises
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Where —
the instrument of management for a controlled or assisted community home is revoked or otherwise ceases to have effect under section 56(2), 58(3) or (4)(a) or 59(3) or (5); or
any premises used for the purposes of such a home are disposed of, or put to use otherwise than for those purposes,
the proprietor shall become liable to pay compensation (“the appropriate compensation”) in accordance with this section.
Where the instrument of management in force at the relevant time relates —
to a controlled community home; or
to an assisted community home which, at any time before the instrument came into force, was a controlled community home,
the appropriate compensation is the sum equal to the expenditure incurred by the Department in relation to the premises while the home was a controlled community home.
Where the instrument of management in force at the relevant time relates —
to an assisted community home; or
to a controlled community home which, at any time before the instrument came into force, was an assisted community home,
the appropriate compensation is a sum equal to that part of the value of the premises which is attributable to the expenditure of money provided by way of grant.
Where the home is, at the relevant time, conducted in premises which formerly were used as a home the appropriate compensation is a sum equal to the market value of that home.
The appropriate compensation shall be paid in —
the case of compensation payable under subsection (2), to the Department who was the responsible authority at the relevant time; and
to the Governor in Cabinet in any other case.
In this section —
includes the grant of a tenancy and any other assignment, transfer, grant, variation or extinguishment of an interest in or right over land, whether made by instrument or otherwise;
means any premises or part of premises (including land) used for the purposes of the home and belonging to the proprietor;
means —
the voluntary organisation by which the home is, at the relevant time, provided; or
if the premises are not, at the relevant time, vested in that organisation, the persons in whom they are vested;
means the time immediately before the liability to pay arises under subsection (1); and
means the Department.
For the purposes of this section an event of a kind mentioned in subsection (1)(b) shall be taken to have occurred —
in the case of a disposal, on the date on which the disposal was completed or, in the case of a disposal which is effected by a series of transactions, the date on which the last of those transactions was completed;
in the case of premises which are put to different use, on the date on which they first begin to be put to their new use.
The amount of any sum payable under this section shall be determined in accordance with such arrangements —
as may be agreed between the voluntary organisation by which the home is, at the relevant time, provided and the Department or the Governor in Cabinet; or
in default of agreement, as may be determined by the Governor in Cabinet.
With the agreement of the Governor in Cabinet the liability to pay any sum under this section may be discharged, in whole or in part, by the transfer of any premises.
This section has effect regardless of —
anything in any trust deed for a controlled or assisted community home; or
the provisions of any enactment or instrument governing the disposition of the property of a voluntary organisation.
Defined Terms
disposalpremisesthe proprietorthe relevant timethe responsible authority