Conwy Tunnel (Supplementary Powers) Act 1983

11 Compensation for losses arising from the tunnel works

(1) The Secretary of State may make payments in accordance with this section in respect of losses appearing to him to be losses arising from the tunnel works.

(2) A person is eligible to receive payments under this section in respect of any loss appearing to the Secretary of State to be a loss arising from those works if it appears to the Secretary of State

(a) that he derives a significant part of his income from carrying on a business subject to special damage from works in the Estuary;

(b) that that business had been carried on before the construction period (whether by him or by any other person) for a period of not less than three years extending up to the beginning of the construction period ;

(c) that the loss was incurred in respect of that business; and

(d) that the loss was incurred before the end of the relevant period.

(3) For the purposes of this section a loss is a loss arising from the tunnel works if it is a financial loss directly attributable to—

(a) the tunnel works ; or

(b) the exercise by the Secretary of State for the purposes of those works of any power exercisable by him by virtue of a direction under section 7 of this Act; or

(c) the effect of any prohibition or restriction under Part II of Schedule 3 to this Act which is applicable during the construction period by virtue of any such direction.

(4) For the purposes of this section a business is one subject to special damage from works in the Estuary if it involves or is dependent upon any one or more of the following—

(a) the taking of fish or shellfish or other operations or activities carried on in waters within Conwy harbour (whether by the person carrying on the business or by other persons);

(b) the use (by that person or by other persons) of facilities in Conwy harbour for the purpose of or in connection with carrying on any operations or activities mentioned in paragraph (a) above in waters beyond the limits of Conwy harbour; and

(c) the taking of mussels from the Conwy Mussel Fishery by persons licensed to do so under the [S.I. 1948 No. 1888.] Conwy Mussel Fishery (Amendment) Order 1948.

(5) Any operations or activities shall be regarded for the purposes of subsection (4) above as carried on in waters of any description if carried on in, under or over waters of that description or the land beneath those waters.

(6) For the purposes of this section, the relevant period in relation to any loss—

(a) in the case of a loss incurred in respect of a business within subsection (4)(c) above, is the period beginning with the date on which the construction period begins and ending five years after the end of the construction period or after the completion of any action taken or financed by the Secretary of State under section 10 of this Act for the purpose of restoring, replenishing or renewing the mussel beds within the Conwy Mussel Fishery (whichever last occurs); and

(b) in any other case, is the period beginning with the date on which the construction period begins and ending five years after the end of the construction period.

(7) Subject to subsection (2)(a) to (c) above, the Secretary of State may make payments under this section in respect of a loss incurred not more than four years after the end of the relevant period if it appears to him that the person who incurred the loss will suffer hardship if no payment is made under this section in respect of it.

(8) Without prejudice to the power of the Secretary of State, in determining whether to make any payment under this section in respect of any loss and the amount of any such payment, to take into account any considerations appearing to him to be relevant, he may in particular have regard to any compensation or financial assistance that in his view is or may be available to the person who suffered the loss under any other enactment.

(9) Payments under this section shall be subject to the consent of the Treasury.