Part II U.K.
3U.K.Any person having an interest in land the value of which is diminished in consequence of the coming into operation of the direction shall be entitled to recover compensation for the diminution from the appropriate person.
4U.K.Paragraph 11 of Schedule 7 to this Act shall have effect in relation to any compensation payable under paragraph 3 of this Schedule as it has effect in relation to any such compensation as is mentioned in the said paragraph 11.
5U.K.Any person who sustains damage by being disturbed in the enjoyment of any right in or over land in consequence of the coming into operation of the direction (not being damage which consists of the diminution in the value of an interest in land) shall be intitled to recover compensation from the appropriate person in respect of that damage.
6U.K.The appropriate person shall pay compensation in respect of any expenditure reasonably incurred by any person for the purpose of carrying out work which is required to be carried out by the direction.
7U.K.The compensation payable to any person by virtue of the preceding provisions of this Schedule shall be reduced by the value to him of any timber, apparatus or other materials removed for the purposes of complying with the direction.
8U.K.For the purpose of assessing compensation under this Schedule, in so far as it is payable in respect of the diminution in the value of an interest in land, section 5 of the M1Land Compensation Act 1961, section 12 of the M2Land Compensation (Scotland) Act 1963 or section 2 of the M3Acquisition of Land (Assessment of Compensation) Act 1919 (which contain rules for assessing compensation) shall (according as the land is in England and Wales, Scotland or Northern Ireland), so far as applicable and subject to any necessary modifications, have effect as it has effect for the purpose of assessing compensation for the compulsory acquisition of land.
9U.K.Where any dispute arises as to whether compensation is payable under this Schedule, or as to the amount of any such compensation, or as to the persons to whom it is payable, the dispute shall be referred to and determined by the [F1appropriate tribunal].
Textual Amendments
F1Words in Sch. 9 para. 9 substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 158 (with Sch. 5)
10E+W+SWhere the direction affects any building, structure, or apparatus held or used by a statutory undertaker for the purposes of his undertaking, or affects any of the rights of a statutory undertaker to install or maintain apparatus for those purposes, or effects any right of way enjoyed by a statutory undertaker for those purposes, the undertaker shall bre entitled to recover compensation from the appropriate person in accordance with the special provisions of Part II of this Act relating to statutory undertakers in any case in which those provisions apply, and shall not, in any such case, be entitled to recover compensation under the preceding paragraphs of this Schedule.