SCHEDULE 3MODIFICATIONS OF SECTIONS 51 AND 52 WHERE A NOTICE UNDER SECTION 35 IS CANCELLED
1
Where the Authority has cancelled a notice given to an owner of land under section 35, sections 51 and 52 have effect with the modifications specified in this Schedule.
2
A reference in those sections to operations carried out in compliance with the notice under section 35 is to be interpreted as a reference to operations so carried out before the notice was cancelled.
3
(1)
In determining, for the purpose of sections 51 and 52, the amount of the expenses reasonably incurred by the owner of the land in carrying out the operations, deduct any sum that—
(a)
is recoverable (or has been recovered) by the owner from the Authority by virtue of a direction under section 43, and
(b)
is referable to expenditure incurred by the owner in consequence of the giving of the notice under section 35.
(2)
No sum is recoverable by the owner of land under section 51 in respect of expenses incurred by the owner in carrying out works of reinstatement.
4
Where, by virtue of a direction under section 43, the owner of land is entitled to recover (or has recovered) a sum from the Authority in respect of the expenditure incurred by the owner in consequence of the giving of a notice under section 35—
(a)
a demand under section 51(4) must specify the total sum recoverable (or recovered) by virtue of the direction, distinguishing between—
(i)
the part referable to expenditure incurred in consequence of the giving of the notice under section 35, and
(ii)
the part referable to expenditure incurred by the owner that is attributable to the cancellation of the notice;
(b)
the reference in section 51(5) to the total amount in respect of which the contribution is claimed is to be interpreted as a reference to the amount in respect of which the contribution could have been claimed if no direction had been given;
(c)
an application may be made under section 52 on the ground that the amount claimed in the demand does not make proper allowance for a sum that must be deducted by virtue of paragraph 3.