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Gas Act 1965
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- 1965 c. 36
- Part II
- Section 23
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23 Assessment of compensation.E+W
(1)There shall be referred to and determined by the [F1appropriate tribunal]—
(a)any question of disputed compensation under this Part of this Act, including any question as to the liability of a [F2public gas transporter]to pay any sum under section 15 of this Act, and
(b)any question as to the amount recoverable by a [F2public gas transporter]under section 11 of this Act,
but subject to the express provisions of this Part of this Act referring questions for the decision of any Ministers.
(2)In relation to the determination of any question so referred to the [F3appropriate tribunal] the provisions of [F4section 4] of the M1Land Compensation Act 1961 or, as the case may be, sections 9 and 11 of the M2Land Compensations (Scotland) Act 1963 (which relate to procedure and costs) shall apply, subject to any necessary modifications.
(3)For the purposes of assessing any compensation under this Part of this Act in respect of depreciation of an interest in land the rules set out in section 5 of the said Act of 1961 or, as the case may be, section 2 of the said Act of 1963 (which are the rules applicable to compulsory purchases of land) shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purposes of assessing compensation for the compulsory acquisition of an interest in land.
(4)On the reference to the [F5appropriate tribunal]—
(a)of any claim for compensation under section 7 of this Act, or
(b)of any question of disputed compensation on a compulsory acquisition by a [F2public gas transporter]in which it is claimed that any land has been injuriously affected by the making of a storage authorisation order and its effect under this Part of this Act,
[F6the tribunal] may admit evidence as to the effect which the introduction and use of underground gas storages in other parts of the United Kingdom or elsewhere have had on land values, so far as such evidence may tend to indicate, particularly in cases where direct evidence of the value of the land in question is scarce or non-existent, whether any, and if so how much, depreciation occurred at any given date.
(5)Without prejudice to the generality of the principles on which compensation is to be assessed under this Part of this Act, account shall be taken in assessing compensation under this Part of this Act of the provisions of [F7Chapter II of Part II of the Water Resources Act 1991], of the M3Water (Scotland) [F8Act 1980], of the M4Spray Irrigation (Scotland) Act 1964, and of any other enactment restricting rights or powers of abstracting water.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F1Words in s. 23(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 55(a) (with Sch. 5)
F2Words in Pt. II (ss. 4-28) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 7(1); S.I. 1996/218, art. 2
F3Words in s. 23(2) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 55(a) (with Sch. 5)
F4Words in s. 23(2) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 55(b) (with Sch. 5)
F5Words in s. 23(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 55(a) (with Sch. 5)
F6Words in s. 23(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 55(c) (with Sch. 5)
F7Words in s. 23(5) substituted (E.W.) (1. 12. 1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60), ss. 2, 4(2), Sch. 1 para. 14(2)
F8Words substituted (S.) by Water (Scotland) Act 1980 (c. 45, SIF 130), s. 112, Sch. 10 Pt. II
Marginal Citations
M11961 c. 33.(28:1)
M21963 c. 51.(28:2)
M31980 c. 45.(130)
M41964 c. 90.(46:4)
23 Assessment of compensation.S
(1)There shall be referred to and determined by the [F1appropriate tribunal]—
(a)any question of disputed compensation under this Part of this Act, including any question as to the liability of a [F9public gas transporter]to pay any sum under section 15 of this Act, and
(b)any question as to the amount recoverable by a [F9public gas transporter]under section 11 of this Act,
but subject to the express provisions of this Part of this Act referring questions for the decision of any Ministers.
(2)In relation to the determination of any question so referred to the [F3appropriate tribunal] the provisions of [F4section 4] of the M5Land Compensation Act 1961 or, as the case may be, sections 9 and 11 of the M6Land Compensations (Scotland) Act 1963 (which relate to procedure and costs) shall apply, subject to any necessary modifications.
(3)For the purposes of assessing any compensation under this Part of this Act in respect of depreciation of an interest in land the rules set out in section 5 of the said Act of 1961 or, as the case may be, section 2 of the said Act of 1963 (which are the rules applicable to compulsory purchases of land) shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purposes of assessing compensation for the compulsory acquisition of an interest in land.
(4)On the reference to the [F5appropriate tribunal]—
(a)of any claim for compensation under section 7 of this Act, or
(b)of any question of disputed compensation on a compulsory acquisition by a [F9public gas transporter]in which it is claimed that any land has been injuriously affected by the making of a storage authorisation order and its effect under this Part of this Act,
[F6the tribunal] may admit evidence as to the effect which the introduction and use of underground gas storages in other parts of the United Kingdom or elsewhere have had on land values, so far as such evidence may tend to indicate, particularly in cases where direct evidence of the value of the land in question is scarce or non-existent, whether any, and if so how much, depreciation occurred at any given date.
(5)Without prejudice to the generality of the principles on which compensation is to be assessed under this Part of this Act, account shall be taken in assessing compensation under this Part of this Act of the provisions of the M7Water Resources Act 1963, of the M8Water (Scotland) [F10Act 1980], of the M9Spray Irrigation (Scotland) Act 1964, and of any other enactment restricting rights or powers of abstracting water.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F1Words in s. 23(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 55(a) (with Sch. 5)
F3Words in s. 23(2) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 55(a) (with Sch. 5)
F4Words in s. 23(2) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 55(b) (with Sch. 5)
F5Words in s. 23(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 55(a) (with Sch. 5)
F6Words in s. 23(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 55(c) (with Sch. 5)
F9Words in Pt. II (ss. 4-28) substituted (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 7(1); S.I. 1996/218, art. 2
F10Words substituted (S.) by Water (Scotland) Act 1980 (c. 45, SIF 130), s. 112, Sch. 10 Pt. II
Marginal Citations
M51961 c. 33.(28:1)
M61963 c. 51.(28:2)
M71963 c. 38.(130)
M81980 c. 45.(130)
M91964 c. 90.(46:4)
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