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Historic Environment (Wales) Act 2023

Section 202 — Making claims for compensationSection 203 — Determination of compensation claims by Upper TribunalSection 204 — Compensation for depreciation of value of land

710.Sections 202 to 204 make various provisions relating to compensation.

711.Section 202 enables the Welsh Ministers to make regulations about how claims for compensation under the Act must be made. The regulations may also amend any provision of the Act which specifies the period within which a claim for compensation must be made.

712.Subsection (2) provides that, if they consider there to be good reasons for doing so, the Welsh Ministers may extend the period for claiming compensation under the Act in a particular case.

713.Section 203 provides that any dispute about compensation payable under the Act must be referred to and be determined by the Upper Tribunal. Subsection (2) further provides that section 4 of the 1961 Act applies to any Upper Tribunal proceedings about disputed compensation under the Act. Section 4 enables the Upper Tribunal to require one party in any proceedings before it about disputed compensation to pay the costs incurred by another party to those proceedings.

714.Section 204 provides that section 5 of the 1961 Act, which sets out basic rules for assessing compensation on the compulsory acquisition of land, applies when calculating compensation for depreciation of the value of land. This could be applicable, for example, when the value of the land has reduced as a result of the refusal of scheduled monument consent (section 21) or the revocation of listed building consent (section 108). It also sets out rules about who may claim and receive compensation, and about the basis on which compensation is payable, if the interest in land is subject to a mortgage.

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