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Reservoirs Act 1975

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This is the original version (as it was originally enacted).

18Compensation to third parties for damage or disturbance

(1)Where in the exercise in relation to any reservoir of powers conferred by section 17 above—

(a)any land on which entry is made and which is not in the occupation of the undertakers is damaged; or

(b)any person is disturbed in his enjoyment of any such land;

any person interested in the land which is damaged or, as the case may be, the person whose enjoyment of land is disturbed shall be entitled to receive compensation from the enforcement authority in respect of the damage or disturbance.

(2)Any dispute as to a right to compensation under this section or as to the amount of any such compensation shall be determined by the Lands Tribunal or, if the land in question is in Scotland, by the Lands Tribunal for Scotland.

(3)Compensation payable under this section by an enforcement authority shall for the purpose of recovery from the undertakers be treated as an expense incurred in the exercise of the powers conferred by section 16 above.

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