SCHEDULES
SCHEDULE 21 CCOMPENSATION ETC. IN RESPECT OF CERTAIN WORKS POWER
Compensation in respect of flood defence and drainage works
5
C11
C12
In case of dispute, the amount of any compensation under sub-paragraph (1) above shall be determined by the F2Upper Tribunal .
3
Where injury is sustained by any person by reason of the exercise by the F1Agen cy of its powers under subsection (1)(b) of section 167 of this Act—
a
the F1Agency may, if it thinks fit, pay to him such compensation as it may determine; and
b
if the injury could have been avoided if those powers had been exercised with reasonable care, the provisions of sub-paragraphs (1) and (2) above shall apply as if the injury had been sustained by reason of the exercise by the F1Agency of its powers under section 165(1) to (3) of this Act.