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Gas Act 1965

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23 Assessment of compensation.E+W

(1)There shall be referred to and determined by the Lands Tribunal—

(a)any question of disputed compensation under this Part of this Act, including any question as to the liability of a [F1public gas transporter]to pay any sum under section 15 of this Act, and

(b)any question as to the amount recoverable by a [F1public gas transporter]under section 11 of this Act,

but subject to the express provisions of this Part of this Act referring questions for the decision of any Ministers.

(2)In relation to the determination of any question so referred to the Lands Tribunal the provisions of sections 2 and 4 of the M1Land Compensation Act 1961 or, as the case may be, sections 9 and 11 of the M2Land Compensations (Scotland) Act 1963 (which relate to procedure and costs) shall apply, subject to any necessary modifications.

(3)For the purposes of assessing any compensation under this Part of this Act in respect of depreciation of an interest in land the rules set out in section 5 of the said Act of 1961 or, as the case may be, section 2 of the said Act of 1963 (which are the rules applicable to compulsory purchases of land) shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purposes of assessing compensation for the compulsory acquisition of an interest in land.

(4)On the reference to the Lands Tribunal—

(a)of any claim for compensation under section 7 of this Act, or

(b)of any question of disputed compensation on a compulsory acquisition by a [F1public gas transporter]in which it is claimed that any land has been injuriously affected by the making of a storage authorisation order and its effect under this Part of this Act,

the Tribunal may admit evidence as to the effect which the introduction and use of underground gas storages in other parts of the United Kingdom or elsewhere have had on land values, so far as such evidence may tend to indicate, particularly in cases where direct evidence of the value of the land in question is scarce or non-existent, whether any, and if so how much, depreciation occurred at any given date.

(5)Without prejudice to the generality of the principles on which compensation is to be assessed under this Part of this Act, account shall be taken in assessing compensation under this Part of this Act of the provisions of [F2Chapter II of Part II of the Water Resources Act 1991], of the M3Water (Scotland) [F3Act 1980], of the M4Spray Irrigation (Scotland) Act 1964, and of any other enactment restricting rights or powers of abstracting water.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F1Words in Pt. II (ss. 4-28) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 7(1); S.I. 1996/218, art. 2

Marginal Citations

23 Assessment of compensation.S

(1)There shall be referred to and determined by the Lands Tribunal—

(a)any question of disputed compensation under this Part of this Act, including any question as to the liability of a [F4public gas transporter]to pay any sum under section 15 of this Act, and

(b)any question as to the amount recoverable by a [F4public gas transporter]under section 11 of this Act,

but subject to the express provisions of this Part of this Act referring questions for the decision of any Ministers.

(2)In relation to the determination of any question so referred to the Lands Tribunal the provisions of sections 2 and 4 of the M5Land Compensation Act 1961 or, as the case may be, sections 9 and 11 of the M6Land Compensations (Scotland) Act 1963 (which relate to procedure and costs) shall apply, subject to any necessary modifications.

(3)For the purposes of assessing any compensation under this Part of this Act in respect of depreciation of an interest in land the rules set out in section 5 of the said Act of 1961 or, as the case may be, section 2 of the said Act of 1963 (which are the rules applicable to compulsory purchases of land) shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purposes of assessing compensation for the compulsory acquisition of an interest in land.

(4)On the reference to the Lands Tribunal—

(a)of any claim for compensation under section 7 of this Act, or

(b)of any question of disputed compensation on a compulsory acquisition by a [F4public gas transporter]in which it is claimed that any land has been injuriously affected by the making of a storage authorisation order and its effect under this Part of this Act,

the Tribunal may admit evidence as to the effect which the introduction and use of underground gas storages in other parts of the United Kingdom or elsewhere have had on land values, so far as such evidence may tend to indicate, particularly in cases where direct evidence of the value of the land in question is scarce or non-existent, whether any, and if so how much, depreciation occurred at any given date.

(5)Without prejudice to the generality of the principles on which compensation is to be assessed under this Part of this Act, account shall be taken in assessing compensation under this Part of this Act of the provisions of the M7Water Resources Act 1963, of the M8Water (Scotland) [F5Act 1980], of the M9Spray Irrigation (Scotland) Act 1964, and of any other enactment restricting rights or powers of abstracting water.

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F4Words in Pt. II (ss. 4-28) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 7(1); S.I. 1996/218, art. 2

Marginal Citations

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