Search Legislation

Flood Risk Management (Scotland) Act 2009

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Compensation

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Flood Risk Management (Scotland) Act 2009, Cross Heading: Compensation. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

CompensationS

82CompensationS

(1)SEPA must compensate any person who has sustained damage in consequence of—

(a)any exercise of the power in section 76(1)(c) or (d), or

(b)the exercise of a right of entry conferred by section 79(1) (including the ancillary rights mentioned in section 81(1) and (2)).

(2)A local authority must compensate any person who has sustained damage in consequence of—

(a)scheme operations carried out by or on behalf of the local authority,

(b)the subsequent maintenance of any such operations by or on behalf of the local authority,

(c)any other exercise of the power in section 56(1),

(d)the carrying out of works under section 59,

(e)the variation or revocation of an improvement order under section 61, or

(f)the exercise of a right of entry conferred by section 79(2) (including the ancillary rights mentioned in section 81(1) and (2)).

Commencement Information

I1S. 82(1)(2)(f) in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.

I2S. 82(2)(a)-(e) in force at 24.12.2010 by S.S.I. 2010/401, art. 3(e)

83Compensation: supplementaryS

(1)In section 82, a person sustains damage if—

(a)the value of the person's interest in land has been depreciated, or

(b)the person has been disturbed in the person's enjoyment of land.

(2)SEPA or, as the case may be, a local authority must pay compensation under section 82 to a person only if—

(a)the damage is not attributable to an act or omission of the person,

(b)the act or omission causing the damage would have been actionable at the person's instance if it had been done or omitted otherwise than in exercise of statutory powers,

(c)the person gives notice to SEPA or, as the case may be, the local authority of the person's claim stating the grounds of the claim and the amount claimed, and

(d)the notice is given no later than the earlier of—

(i)2 years after the depreciation first becomes apparent or, as the case may be, the first occurrence of the disturbance, and

(ii)10 years from the completion of the scheme operations, maintenance, exercise of a right of entry or, as the case may be, exercise of another function mentioned in section 82.

(3)Subsection (2)(b) does not apply where the damage has been sustained in consequence of circumstances falling within section 82(2)(e).

(4)Any question of disputed compensation under section 82 is to be determined by the Lands Tribunal for Scotland.

Commencement Information

I3S. 83 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources