SCHEDULES
SCHEDULE 4Compensation
Right to compensation
1
1
This paragraph applies where under sections 21 to 32—
a
real or personal property is taken, occupied, destroyed or damaged, or
b
any other act is done which interferes with private rights of property.
2
Where this paragraph applies in respect of an act taken in relation to any property or rights the Secretary of State shall pay compensation to any person who—
a
has an estate or interest in the property or is entitled to the rights, and
b
suffers loss or damage as a result of the act.
2
No compensation shall be payable unless an application is made to the Secretary of State in such manner as he may specify.
Time limit
3
1
Subject to sub-paragraphs (2) and (3), an application for compensation in respect of an act must be made within the period of 28 days beginning with the date of the act.
2
The Secretary of State may, in response to a request made to him in writing, permit an application to be made—
a
after the expiry of the period mentioned in sub-paragraph (1), and
b
within such longer period, starting from the date of the act and not exceeding six months, as he may specify.
3
Where the Secretary of State refuses a request under sub-paragraph (2)—
a
he shall serve a notice of refusal on the person who made the request,
b
that person may, within the period of six weeks beginning with the date of service of the notice, appeal to the county court against the refusal, and
c
the county court may exercise the power of the Secretary of State under sub-paragraph (2).
Determination
4
Where the Secretary of State determines an application for compensation he shall serve on the applicant a notice—
a
stating that he has decided to award compensation and specifying the amount of the award, or
b
stating that he has decided to refuse the application.
5
1
An applicant may appeal to the county court against—
a
the amount of compensation awarded, or
b
the refusal of compensation.
2
An appeal must be brought within the period of six weeks beginning with the date of service of the notice under paragraph 4.
6
1
This paragraph applies where the Secretary of State considers that in the course of an application for compensation the applicant—
a
knowingly made a false or misleading statement,
b
made a statement which he did not believe to be true, or
c
knowingly failed to disclose a material fact.
2
The Secretary of State may—
a
refuse to award compensation,
b
reduce the amount of compensation which he would otherwise have awarded, or
c
withhold all or part of compensation which he has awarded.
7
Where the Secretary of State makes an award of compensation he may make a payment to the applicant in respect of all or part of the costs of the application.
Assignment of right
8
1
This paragraph applies where—
a
a person has made an application for compensation, and
b
his right to compensation has passed to another person by virtue of an assignment or the operation of law.
2
The Secretary of State shall treat the person mentioned in sub-paragraph (1)(b) as the applicant.
Offenders
9
1
This paragraph applies where a person has a right to compensation in respect of an act and—
a
the act was done in connection with, or revealed evidence of the commission of an offence, and
b
proceedings for the offence are brought against the person.
2
The person's right to compensation shall not be enforceable while the proceedings have not been concluded.
3
If the person stands convicted of the offence he shall have no right to compensation.
Notices
10
A notice served under paragraph 3(3)(a) or 4 shall contain particulars of the right of appeal under paragraph 3(3)(b) or 5.
11
1
The Secretary of State may serve a notice under this Schedule on an individual—
a
by delivering it to him,
b
by sending it by post addressed to him at his usual or last-known place of residence or business, or
c
by leaving it for him there.
2
The Secretary of State may serve a notice under this Schedule on a partnership—
a
by sending it by post to a partner, or to a person having the control or management of the partnership business, at the principal office of the partnership, or
b
by addressing it to a partner or to a person mentioned in paragraph (a) and leaving it at that office.
3
The Secretary of State may serve a notice under this Schedule on a body corporate—
a
by sending it by post to the secretary or clerk of the body at its registered or principal office, or
b
by addressing it to the secretary or clerk of the body and leaving it at that office.
4
The Secretary of State may serve a notice under this Schedule on any person—
a
by delivering it to his solicitor,
b
by sending it by post to his solicitor at his solicitor's office, or
c
by leaving it for his solicitor there.
Offences
12
1
A person commits an offence if he obtains compensation or increased compensation for himself or another person by deception.
2
In sub-paragraph (1) “deception” means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person.
3
A person commits an offence if for the purposes of obtaining compensation he—
a
knowingly makes a false or misleading statement,
b
makes a statement which he does not believe to be true, or
c
knowingly fails to disclose a material fact.
4
A person guilty of an offence under this paragraph shall be liable—
a
on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or
b
on summary conviction, to imprisonment for a term not exceeding one year, to a fine not exceeding the statutory maximum or to both.