Damage To Property (Compensation) (Amendment) Act, 1933

Additional payments in respect of certain decrees under the Principal Act.

10.—(1) Where—

(a) before the passing of this Act a decree awarding compensation for a specified amount (in this section referred to as the original amount) was made under the Principal Act in favour of any person, and

(b) an appeal was lodged by the Minister for Finance against such decree on the ground that paragraph (a) or paragraph (b) of section 9 of the Principal Act applied to such person, or on that ground and other grounds, and

(c) an agreement was entered into between the said Minister and such person whereby such person agreed to accept in discharge of such decree an amount (in this section referred to as the agreed lesser amount) less than the original amount, and in consequence of such agreement such appeal was withdrawn or, if not withdrawn, such decree was on the hearing of such appeal affirmed by agreement with a reduction of the original amount to the agreed lesser amount,

it shall be lawful for the said Minister, if he so thinks proper, to pay in accordance with this section to such person, subject, where there was attached to such decree a reinstatement condition, to compliance by such person with such conditions (if any) as the said Minister thinks fit to attach to such payment, such sum, not exceeding the difference between the original amount and the agreed lesser amount, as the said Minister thinks proper.

(2) Section 13 of the Principal Act shall apply to every sum which the Minister of Finance shall think proper to pay under sub-section (1) of this section in like manner as it applies to the compensation mentioned in the said section 13 , with and subject to the following modifications, that is to say:—

(a) sub-sections (1), (2), (4), (11) and (12) of the said section 13 shall not apply, and

(b) the references in sub-section (5) of the said section 13 to a reinstatement condition shall be construed as references to conditions attached under sub-section (1) of this section to the payment of such sum.

(3) The Damage to Property (Compensation) (Amendment) Act, 1926 (No. 19 of 1926), shall apply in respect of every sum which the Minister for Finance shall think proper to pay under sub-section (1) of this section in like manner as it applies to compensation under a decree under the Criminal Injuries Acts in respect of any injury to which Part II of the Principal Act applies.