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Housing and Regeneration Act 2008

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This is the original version (as it was originally enacted).

Compensation for overridden easements etc.

This section has no associated Explanatory Notes

2(1)Compensation is payable under section 7 or 10 of the Compulsory Purchase Act 1965 (c. 56) in respect of any interference or breach made in pursuance of paragraph 1.

(2)The compensation is to be assessed in the same manner, and subject to the same rules, as in the case of other compensation under those sections in respect of injurious affection where—

(a)the compensation is to be estimated in connection with a purchase by the HCA, or

(b)the injury arises from the execution of works on, or use of, land acquired by the HCA.

(3)Sub-paragraph (4) applies if a person other than the HCA—

(a)is liable to pay compensation by virtue of sub-paragraphs (1) and (2), and

(b)fails to discharge that liability.

(4)The liability is enforceable against the HCA.

(5)But sub-paragraph (4) does not affect any agreement between the HCA and any other person for indemnifying the HCA against any liability under that sub-paragraph.

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