Search Legislation

Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Lough Neagh and Lower Bann Drainage and Navigation Act (Northern Ireland) 1955, Section 7. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

7Compensation.N.I.

(1)Where any person suffers any loss or damage by reason of—

(a)the preparation or carrying into effect of a scheme under this Act; or

(b)the exercise of any power exercisable under paragraph ( d) or ( e) of sub-section (1) of section five; or

(c)the cessation by virtue of sub-section (3) of section six of any liability of the Ministry, as sucessor to the Lower Bann Navigation Trustees, to carry out certain functions with respect to navigation; or

(d)the exercise by the Ministry or by any person authorised by it of any power exercisable under section twelve;

the Ministry shall, subject to the provisions of this Act, pay to him reasonable compensation in respect of such loss or damage.

(2)In lieu of paying compensation the Ministry may by agreement construct or repair works or provide facilities to prevent or make good any loss or damage to which the provisions of sub-section (1) apply or would otherwise apply; so, however, that in the event of such construction, repair or provision affording or appearing likely to afford any additional or improved advantages, facilities or rights the Ministry may enter into agreement with any person whereby a fair proportion of the cost incurred by the Ministry in connection with such construction, repair or provision shall be borne by that person.

(3)Every claim for compensation under this Act—

(a)shall be made in writing to the Ministry not later than—

(i)where the claim is in respect of loss of or damage to a fishery or fishing right, ten years from the relevant date; and

(ii)in any other case, three years from the relevant date;

and such details of the claim as the Ministry may require shall be furnished in writing to the Ministry within such further period as the Ministry may reasonably determine as being necessary for the expeditious disposal of claims; and

(b)shall, in default of agreement, be [F1 referred to and determined by the Lands Tribunal].

(4)In computing the amount of reasonable compensation under this Act the Ministry may allow a sum in respect of the cost of the employment of any solicitor and may allow a sum in respect of the cost of the employment of any engineer, surveyor, accountant or valuer where the Ministry is satisfied that such employment has been necessarily and properly incurred in connection with the preparation of a claim for compensation but save as aforesaid costs shall not be payable by the Ministry in respect of claims for compensation.

(5)In this section and in section nine “relevant date” means, in relation to any claim for compensation—

(a)where the claim arises in consequence of an order made under sub-section (3) of section six, the date of that order; and

(b)where the claim arises out of a scheme, the date prescribed under section three as the date on which the scheme shall be put into operation; and

(c)where the claim arises under any of the other provisions of this Act, the date on which the loss or damage occurred.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources