Water (Scotland) Act 1980

10 Compensation for damage resulting from exercise of powers. S

(1) Subject to the provisions of this section, a district council or water authority or water development board shall make full compensation to any person who has sustained damage by reason of the exercise by them of any of their powers under this Act in relation to a matter as to which he has not himself been in default.

[F1 (1A) The escape of water, however caused, onto agricultural land or forestry land from one of a water authority’s or as the case may be water development board’s communication pipes or mains shall for the purposes of subsection (1) above be taken to have been brought about by the exercise by them of powers under this Act.]

(2) Any question arising under this section as to the fact of damage or as to the amount of compensation shall, in case of dispute, be determined by arbitration.

(3) A claim for compensation under this section shall not be maintainable unless it is made within 12 months after the date on which it is alleged to have arisen.

(4) The provisions of this section shall be without prejudice to any other provisions in this Act relating to compensation.

[F2 (5) Without prejudice to any right to compensation other than under subsection (1) above, in that subsection “person” does not, as regards compensation payable under that subsection by virtue of subsection (1A) above, include—

(a) statutory undertakers as defined in section 275(1) of the M1 Town and Country Planning (Scotland) Act 1972;

[F3 (b) roads authorities as defined in section 151(1) of the M2 Roads (Scotland) Act 1984;]

(c) bridge authorities [F4 as defined in section 147 of the New Roads and Street Works Act 1991;]

[F5 (d) road works authority as defined in section 108 of the New Roads and Street Works Act 1991;]

(e) persons on whom a right to compensation under section [F6 141 of the said Act of 1991] is conferred.

(6) In subsection (1A) above, the expressions “agricultural land” and “forestry land” mean land (but not any building) used, respectively, for agriculture or for forestry which is so used for the purposes of a trade or business; and in the foregoing provisions of this subsection “agriculture” has the meaning assigned to it by section 86(3) of the Agriculture (Scotland) Act 1948 and “forestry” means the growing of woods and forests for the production of timber and other forest products and the growing of trees for planting in such woods and forests.]

Textual Amendments

F1 S. 10(1A) inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 57(a)

F2 S. 10(5)(6) inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 57(b)

F3 S. 10(5)(b) substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(3)(a)

F4 Words in s. 10(5)(c) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 Pt. IV para. 108(2)(a); S.I. 1992/2990, art. 2(2), Sch. 2

F5 S. 10(5)(d) substituted (1.1.1993) by virtue of New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Pt. IV, para. 108(2)(b); S.I. 1992/2990, art. 2(2), Sch. 2

F6 Words in s. 10(5)(e) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(5)(d); S.I. 1994/2850, art. 3

Marginal Citations

M1 1972 c. 52 (123:3).

M2 1984 c. 54 (59, 108).