Institutional Burials Act 2022
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Calculation and payment of compensation | ||
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93. (1) Subject to subsection (2), compensation payable to a person under this Part shall be calculated by a suitably qualified surveyor or other suitably qualified person appointed by a Director— | ||
(a) by reference to the period during which it is estimated the relevant works or related activities, as the case may be, will be carried out, | ||
(b) having regard to the extent of the relevant works or related activities, as the case may be, on the land concerned, | ||
(c) where a trade or business is carried out on the land, taking into account— | ||
(i) any disturbance to that trade or business and the extent of such disturbance, and | ||
(ii) any loss or costs incurred as a result of the relevant works or related activities, | ||
(d) having regard to the fair market rent for the land and any buildings on the land that could be obtained if the relevant works or related activities were not being conducted on the land, | ||
(e) having regard, in relation to the owner and occupier of the land concerned, to the extent of the interference, as a result of the relevant works or related activities on the land, with the person’s peaceful enjoyment of the land, and | ||
(f) deducting, from any amount calculated in accordance with the preceding paragraphs as being payable, the value of any works which will be carried out on the land by the Director which will enhance the value of the land concerned for the person to whom the compensation is payable. | ||
(2) Compensation shall only be payable to a public body in respect of any loss or costs incurred as a result of the works or access over the land concerned. | ||
(3) A Director shall pay the amount of compensation payable to the owner, occupier, or other person, as the case may be, before the expiration of 30 days from— | ||
(a) when the compensation becomes payable in accordance with section 91 (4) or section 92 (6), or | ||
(b) the date of the making of an order by the court under section 94 . | ||
(4) Where compensation was calculated, in accordance with subsection (1), by reference to an estimated period the relevant works or related activities would take and the works or activities continue after the expiration of that period, the Director shall make such further payment of compensation, calculated pro rata by reference to the compensation paid, to the person concerned at the end of each month or part of a month during which such works or activities continue. | ||
(5) Compensation payable under subsections (3) and (4) shall be recoverable from a Director as a simple contract debt in any court of competent jurisdiction. |