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Civil Defence Act 1939

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This is the original version (as it was originally enacted).

6Compensation where works are executed

(1)Where works are executed under the preceding provisions of this Part of this Act in or on any premises, building or land by a local authority, the occupier of the premises, building or land shall be entitled to recover from the local authority compensation for any damage he has sustained by reason of any interference with his use of the premises, building or land during the execution of the works.

(2)Where by reason of the execution aforesaid of any works, the usefulness of any premises, building or land is impaired, the local authority shall by way of compensation pay to the person who from time to time is the occupier of the premises, building or land, periodical sums, payable quarterly in arrear, calculated by reference to the diminution of the annual value of the premises, building or land, as the case may be, ascribable to the said impairment of the usefulness thereof.

(3)Where the designated premises in or in connection with which works were executed as aforesaid cease to be designated premises, the payments provided for by subsection (2) of this section shall cease to be payable, but it shall be the duty of the local authority—

(a)to restore, as far as they think practicable, the premises, building or land to the condition in which they would be but for the execution of the works; and

(b)if, after the restoration is completed, the premises, building, or land are less in value than they would be if the works had not been executed, to pay to each of the persons having any estate or interest in the premises, building, or land such compensation, if any, in respect of the difference in value as may be reasonable :

Provided that the local authority may include in their notice withdrawing the designation of the premises a statement that to such extent as may be specified in the notice they do not intend to carry out any such restoration as aforesaid, and if such a statement is so included, their obligation to restore shall be correspondingly diminished and their obligations as to compensation shall, as respects the matters specified in the statement, be determined by reference to the state of affairs existing at the date of the withdrawing of the designation.

(4)Where a local authority restore any premises, building or land in accordance with the last foregoing subsection, the occupier of the premises, building or land shall be entitled to recover from the local authority compensation for any damage he has sustained by reason of any interference with his use of the premises, building or land during the execution of the work.

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