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Part XIVU.K. Miscellaneous and Supplementary Provisions

Determination of disputes as to compensationE+W

307 Disputes as to compensation which are to be determined by [F1Upper Tribunal] and related provisions.E+W

(1)Any dispute arising on a claim for compensation under any provision of this Act to which this section applies shall be determined by the [F2Upper Tribunal].

The provisions of this Act to which this section applies are sections 21, 22, 28, 73, 74, 109, 110, 121(2), 126, F3. . . and 292.

(2)For the purposes of any reference to the [F2Upper Tribunal] under this section, section 4 of the M1Land Compensation Act 1961 (costs) has effect with the substitution, for references to the acquiring authority, of references to the authority from whom the compensation in question is claimed.

(3)Rules 2 to 4 of the Rules in section 5 of the said Act of 1961 (rules for valuation on a compulsory acquisition) apply to the calculation of compensation under any provision of this Act to which this section applies, in so far as it is calculated by reference to the depreciation of the value of an interest in land.

(4)In determining the amount of compenstion payable under section 109, 110 or 126 above the [F2Upper Tribunal] shall have regard to any new means of access to the premises of the claimant or, as the case may be, any new right of access to a watercourse from the premises of the claimant, provided by the highway authority from whom the compensation is claimed.

(5)In determining the amount of compensation payable under section 73 above in respect of injurious affection, the [F2Upper Tribunal]—

(a)shall take into account any benefit accruing to the claimant by reason of the improvement of the street in relation to which an improvement line has been prescribed under that section, and

(b)may take into account and embody in [F4its] award any undertaking with regard to the exercise of the powers of a highway authority under that section in relation to the property affected which the authority have offered to give to the claimant;

and the terms of any undertaking so embodied in the award are binding on and enforceable against the authority.

(6)In determining the amount of compensation payable under section 74 above, the [F2Upper Tribunal] shall take into account any benefit accruing to the claimant by reason of any improvement made or about to be made to the highway in relation to which a building line has been prescribed under that section.

(7)In determining the amount of compensation payable under section 193 or section 200(2) above, the [F2Upper Tribunal] shall take into account any benefit accruing to the claimant by reason of the widening of a street under the said section 193 or the said section 200(2), as the case may be.

Textual Amendments

Modifications etc. (not altering text)

C13S. 307(1)-(3) extended by Cycle Tracks Act 1984 (c. 38, SIF 59), s. 5(3)

Marginal Citations

308 Disputes as to compensation which are to be determined by arbitration or county court.E+W

(1)Any dispute arising on a claim for compensation under this Act, being a dispute for the determination of which provision is not made by or under any section of this Act other than this section, shall be determined, if the parties so agree, by arbitration or, in default of agreement, by [F5the county court].

(2)[F5The county court] shall have jurisdiction to deal with any dispute which by virtue of subsection (1) above is to be determined by such a court notwithstanding that, by reason of the amount of the claim or otherwise, the case would not, but for this provision, be within the jurisdiction of a county court.

Textual Amendments

F5Words in s. 308 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

309 Compensation in respect of depreciation in value of interest in land subject to mortgage.E+W

Where an interest in land is subject to a mortgage—

(a)any compensation payable under this Act in respect of the depreciation in value of that interest shall be calculated as if the interest were not subject to the mortgage;

(b)a claim for the payment of any such compensation may be made by any mortgagee of the interest under a mortgage made before the happening of the event giving rise to the compensation, but without prejudice to the making of a claim by any other person;

(c)a mortgagee is not entitled to claim any such compensation in respect of his interest as such; and

(d)any such compensation payable in respect of the interest subject to the mortgage shall be paid to the mortgagee or, where there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.