Flood Risk Management (Scotland) Act 2009

Prospective

Compensation S

82 Compensation S

(1) SEPA must compensate any person who has sustained damage in consequence of—

(a) any exercise of the power in section 76(1)(c) or (d), or

(b) the exercise of a right of entry conferred by section 79(1) (including the ancillary rights mentioned in section 81(1) and (2)).

(2) A local authority must compensate any person who has sustained damage in consequence of—

(a) scheme operations carried out by or on behalf of the local authority,

(b) the subsequent maintenance of any such operations by or on behalf of the local authority,

(c) any other exercise of the power in section 56(1),

(d) the carrying out of works under section 59,

(e) the variation or revocation of an improvement order under section 61, or

(f) the exercise of a right of entry conferred by section 79(2) (including the ancillary rights mentioned in section 81(1) and (2)).

83 Compensation: supplementary S

(1) In section 82, a person sustains damage if—

(a) the value of the person's interest in land has been depreciated, or

(b) the person has been disturbed in the person's enjoyment of land.

(2) SEPA or, as the case may be, a local authority must pay compensation under section 82 to a person only if—

(a) the damage is not attributable to an act or omission of the person,

(b) the act or omission causing the damage would have been actionable at the person's instance if it had been done or omitted otherwise than in exercise of statutory powers,

(c) the person gives notice to SEPA or, as the case may be, the local authority of the person's claim stating the grounds of the claim and the amount claimed, and

(d) the notice is given no later than the earlier of—

(i) 2 years after the depreciation first becomes apparent or, as the case may be, the first occurrence of the disturbance, and

(ii) 10 years from the completion of the scheme operations, maintenance, exercise of a right of entry or, as the case may be, exercise of another function mentioned in section 82.

(3) Subsection (2)(b) does not apply where the damage has been sustained in consequence of circumstances falling within section 82(2)(e).

(4) Any question of disputed compensation under section 82 is to be determined by the Lands Tribunal for Scotland.