Local Government (Sanitary Services) Act, 1964

Compensation.

11.—(1) Where, immediately before a vesting order is made by a sanitary authority under this Act, any person has any estate or interest in or right in respect of the land acquired by the order, the person may apply to the authority not later than twelve months after the making of the order for compensation in respect of the estate, interest or right, and the authority shall, subject to subsections (3) and (4) of this section, thereupon pay to the person by way of compensation an amount equal to the value (if any) of the estate, interest or right.

(2) The compensation to be paid by a sanitary authority under this section in respect of any estate or interest in or right in respect of land shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919 , as amended, but the amount of the compensation shall, subject to subsections (3) and (4) of this section, on such arbitration, be determined in accordance with the Rules contained in Part I of the Third Schedule to the Housing (Miscellaneous Provisions) Act, 1931.

(3) In determining the amount of compensation payable to a person under this section by a sanitary authority in relation to any land, regard shall be had to any expenditure incurred by the authority under section 2 of this Act in relation to the land.

(4) Where, after the making of a vesting order by a sanitary authority under this Act in relation to any land, any sum (including any sum for costs) remains due to the authority by any person on foot of an order of any court for payment of an amount due to the authority under section 2 of this Act—

(a) if the sum aforesaid is less than the amount of the compensation payable to the person under this section, the amount of the compensation shall be reduced by the amount of the sum, and

(b) if the sum aforesaid is not less than the amount of the compensation aforesaid, the compensation shall not be payable.