SCHEDULE 8SUPPLEMENTAL PROVISIONS WITH REGARD TO POWERS OF ENTRY

Compensations5

1

Where an authorised person exercises any power conferred by sub-paragraph 2(a) of regulation 35, it shall be the duty of the Department to make full compensation to any person who has sustained loss or damage by reason of—

a

the exercise by the authorised person of that power; or

b

the performance of, or failure of the authorised person to perform, the duty imposed by paragraph (4).

2

Compensation shall not be payable by virtue of sub-paragraph (1) in respect of any loss or damage if the loss or damage—

a

is attributable to the default of the person who sustained it; or

b

is loss or damage in respect of which compensation is payable by virtue of any other provision of the Order.

3

Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of any such compensation, shall be referred to and determined by the Lands Tribunal; and Articles 4 and 5 of the Land Compensation (Northern Ireland) Order 198229 shall apply to any such determination.

4

An authorised person shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of any relevant power if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.