Modifications etc. (not altering text)
C1Sch. 12 applied (with modifications) (28.6.2013) by The Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582), reg. 1(1)(b), Sch. 1 para. 13(3) (with reg. 1(1)(c))
4(1)Subject to the following provisions of this paragraph, a sewerage undertaker shall make full compensation to any person who has sustained damage by reason of the exercise by the undertaker, in relation to a matter as to which that person has not himself been in default, of any of its powers under the relevant sewerage provisions.E+W
(2)Subject to sub-paragraph (3) below, any dispute arising under this paragraph as to the fact of damage, or as to the amount of compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the [F1Director].
(3)If the compensation claimed under this paragraph in any case does not exceed [F2£5,000], all questions as to the fact of damage, liability to pay compensation and the amount of compensation may, [F3be referred to the Director for determination under section 30A of this Act by either party.]
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)No person shall be entitled by virtue of this paragraph to claim compensation on the ground that a sewerage undertaker has, in the exercise of its powers under the relevant sewerage provisions, declared any sewer [F5, lateral drain] or sewage disposal works, whether belonging to that person or not, to be vested in the undertaker.
Textual Amendments
F1Word in Sch. 12 para. 4(2) substituted (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 30; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I
F2Words in Sch. 12 para. 4(3) substituted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 1 para. 31(a); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt.II
F3Words in Sch. 12 para. 4(3) substituted (1.9.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), SCh. 1 para. 31(b); Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 4, Sch. Pt. II
F4Sch. 12 para. 4(4) repealed (1.7.1992) by Competition and Service (Utilities) Act 1992 (c. 43), s. 56(6), Sch. 2; Competition and Service (Utilities) Act 1992 (Commencement No. 1) Order 1992, art. 3, Sch. Pt. I
F5Words in Sch. 12 para. 4(5) inserted (28.5.2004) by Water Act 2003 (c. 37), ss. 97(10), 105(3); S.I. 2004/641, art. 4(b) (with Sch. 3 para. 7)