SCHEDULES
SCHEDULE 1Risk Management: Designation of Features
14Compensation for owners and third parties
1
The relevant authority must pay compensation if, as a result of the exercise of the powers conferred by paragraph 13, a person (P)—
a
incurs loss as a result of anything done on P’s land, or
b
is disturbed in the enjoyment of P’s land.
2
But compensation is not payable to P if Condition 1 or 2 is satisfied.
3
Condition 1 is that—
a
the loss or disturbance is the result of the reasonable exercise of powers conferred by paragraph 13(1)(a) or (d), and
b
P has contravened paragraph 5(1).
4
Condition 2 is that—
a
the loss or disturbance is the result of the reasonable exercise of powers conferred by paragraph 13(1)(b) or (c), and
b
P has failed to comply with an enforcement notice under paragraph 11.
5
Compensation paid by an authority is to be treated as an expense incurred under paragraph 11(4)(b) or 12(2)(a) (if it is paid in respect of loss or disturbance resulting from the exercise of powers under paragraph 13(1)(c) or (d)).
6
Disputes about compensation are to be determined by the Upper Tribunal.
7
In this paragraph “relevant authority” means the authority that authorised the entry to land under paragraph 13(1) or (2).