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Changes over time for: Section 17
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Point in time view as at 01/10/1997.
Changes to legislation:
Land Compensation Act 1973, Section 17 is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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17 Action for nuisance following unsuccessful claim where responsible authority have disclaimed statutory immunity.E+W
Where, in resisting a claim under this Part of this Act, a responsible authority contend that no enactment relating to the works in question confers immunity from actions for nuisance in respect of the use to which the claim relates, then if—
(a)compensation is not paid on the claim; and
(b)an action for nuisance in respect of the matters which were the subject of the claim is subsequently brought by the claimant against the authority,
no enactment relating to those works, being an enactment in force when the contention was made, shall afford a defence to that action in so far as it relates to those matters.
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