Arterial Drainage (Amendment) Act, 1995
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Application of Lands Clauses Acts as respects compensation payable under Principal Act or this Act. |
11.—(1) The Lands Clauses Acts shall apply and have effect for the purposes of— | |
(a) the determination of the amount of any compensation to be paid under the Principal Act for— | ||
(i) the compulsory acquisition under that Act of any land, easement or other right mentioned in that Act, | ||
(ii) the compulsory substantial interference with any land or the compulsory restriction, termination or other interference of or with any easement or other right mentioned in that Act or the diversion, removal or other interference of or with any private road or bridge under and in pursuance of a drainage scheme, | ||
(iii) any loss or damage referred to in section 15, 16, 32 (2), 34 (3) or 46 (4) of that Act, | ||
(b) the determination of the amount of any compensation to be paid under section 10 (3) in respect of loss or damage referred to in that provision, | ||
(c) the payment of the amount of any compensation referred to in paragraph (a) or (b), when the amount thereof has been determined, | ||
with the modifications specified in this section and any other necessary modifications and are incorporated (except in so far as they are inconsistent with and subject to any amendments or modification, express or implied, thereof effected by the Principal Act or this Act) with the Principal Act and this Act. | ||
(2) For the purposes of such application of the Lands Clauses Acts, the Commissioners shall be deemed to be the promoter of the undertaking, and the Principal Act or, as the case may be, this Act (and, where appropriate, the vesting order concerned under section 12 ) shall be deemed to be the special Act. | ||
(3) (a) So much of sections 69 to 83 of the Lands Clauses Consolidation Act, 1845 , as is appropriate shall apply to compensation referred to in subparagraph (ii) or (iii) of paragraph (a)or paragraph (b) of subsection (1) as if such compensation were purchase money or compensation under that Act, with any modifications that may be prescribed and with any other necessary modifications. | ||
(b) Where money is paid into court under the said section 69, as applied by this subsection, by the Commissioners, no costs shall be payable by them to any person in respect of any proceedings for the investment, payment of income or payment of capital of such money. | ||
(4) Section 32 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (3): | ||
“(3) In determining, under the Lands Clauses Acts, the right to or the amount of such compensation as is mentioned in subsection (2) of this section, the property arbitrator shall have regard to the benefit (if any) conferred on the claimant for such compensation or on his land by the construction of such new embankment.”. |