106 Compensation for damage.E+W
(1)A local authority shall make full compensation to a person who has sustained damage by reason of the exercise by the authority, in relation to a matter as to which he has not himself been in default, of any of their powers under this Act.
(2)[F1Subject to subsection (3) below,] any dispute arising under this section as to the fact of damage, or as to the amount of compensation, shall be determined by arbitration.
(3)[F2If the compensation claimed does not exceed £50, all questions as to the fact of damage, liability to pay compensation and the amount of compensation may on the application of either party be determined by, and any compensation awarded may be recovered before, a magistrates’ court.]
Textual Amendments
F1Words in s. 106(2) omitted (28.6.2022 for E.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 67(2); S.I. 2022/561, reg. 3(f), Sch. para. 33
F2S. 106(3) omitted (28.6.2022 for E.) by virtue of Building Safety Act 2022 (c. 30), s. 170(4)(b)(c), Sch. 5 para. 67(3); S.I. 2022/561, reg. 3(f), Sch. para. 33 (with reg. 7(2))