Institutional Burials Act 2022
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Statement of compensation | ||
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91. (1) A statement (in this Part referred to as a “statement of compensation”) shall be in writing and— | ||
(a) where the relevant works or related activities are to be carried out on the principal burial land, ancillary burial land or ancillary land concerned, as the case may be, for a period estimated to be less than 4 weeks, shall— | ||
(i) include an offer of compensation calculated in accordance with section 93 and state that the compensation may be accepted within a period of 28 days— | ||
(I) where the statement issues to a public body under section 84 , from the date of service of the notice, or | ||
(II) in all other cases, from the later of— | ||
(A) the date on which consent is given under section 85 , 87 or 89 , as the case may be, to the carrying out of the works or activities concerned, | ||
(B) where consent is not given and a court order is made under section 86 , 88 or 90 , as the case may be, authorising the works or activities concerned, the date on which the period of time allowed for an appeal against the order expires where no appeal has been made, or | ||
(C) where such a court order is made and an appeal has been made, the date on which the order has been confirmed on appeal, | ||
(ii) state the basis on which the amount of compensation offered was calculated, | ||
(iii) state the manner in which the compensation shall be payable, | ||
(iv) advise the owner or occupier, as the case may be, that if he or she refuses the offer within the 28 day period referred to in subparagraph (i), he or she may, within the time allowed by section 94 , make an application to the Circuit Court under that section for a variation of the amount of the compensation, and | ||
(v) advise him or her that if he or she fails to reply to the offer within that 28 day period, the offer will become binding, | ||
or | ||
(b) where the relevant works or related activities are to be carried out on the principal burial land, ancillary burial land or ancillary land, as the case may be, for a period estimated to be 4 weeks or longer, shall— | ||
(i) invite the owner or occupier, as the case may be, of the land concerned to engage with the Director to assess the appropriate level of compensation payable in accordance with section 93 , | ||
(ii) state the basis on which compensation will be calculated under that section, and | ||
(iii) advise the owner or occupier, as the case may be, that if he or she refuses the invitation or fails to reply to the invitation within 14 days from the date of the statement, the Director shall issue an offer of compensation in accordance with subsection (2). | ||
(2) Where subsection (1)(b) applies, the Director shall, by notice in writing, make an offer of compensation calculated in accordance with section 93 — | ||
(a) where the owner or occupier, as the case may be, accepts the invitation to engage within the 14 day period referred to in subparagraph (iii) of that provision, having considered the outcome of that engagement, or | ||
(b) where the owner or occupier, as the case may be, refuses or fails to reply to that invitation within that 14 day period, at any time after the expiration of that period. | ||
(3) An offer of compensation under subsection (2) shall contain the information referred to in subparagraphs (i) to (v) of subsection (1)(a) subject to the modification that the reference in those subparagraphs to a period of 28 days shall be construed as a reference to a period of 28 days from the date of the offer. | ||
(4) An offer of compensation under this section shall be binding and compensation shall be payable in accordance with section 93 where the person to whom the offer was made— | ||
(a) accepts or fails to respond to the offer within the 28 day period referred to in subsection (1)(a) or, if applicable, subsection (3), or | ||
(b) refuses the offer and does not make an application to the Circuit Court under section 94 within the time allowed under that section. |