Version Superseded: 13/07/2016
Point in time view as at 01/07/2011.
Housing and Regeneration Act 2008, Cross Heading: Compensation for overridden easements etc. is up to date with all changes known to be in force on or before 07 March 2025. 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.
2(1)Compensation is payable under section 7 or 10 of the Compulsory Purchase Act 1965 (c. 56) in respect of any interference or breach made in pursuance of paragraph 1.E+W
(2)The compensation is to be assessed in the same manner, and subject to the same rules, as in the case of other compensation under those sections in respect of injurious affection where—
(a)the compensation is to be estimated in connection with a purchase by the HCA, or
(b)the injury arises from the execution of works on, or use of, land acquired by the HCA.
(3)Sub-paragraph (4) applies if a person other than the HCA—
(a)is liable to pay compensation by virtue of sub-paragraphs (1) and (2), and
(b)fails to discharge that liability.
(4)The liability is enforceable against the HCA.
(5)But sub-paragraph (4) does not affect any agreement between the HCA and any other person for indemnifying the HCA against any liability under that sub-paragraph.
Commencement Information
I1Sch. 3 para. 2 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(f) (with arts. 6-13)
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