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5(1)If in the exercise of any power conferred by paragraph 2 any damage is caused to land or moveables, any person interested in the land or moveables may recover compensation in respect of that damage from the universal service provider on whose behalf the power is exercised; and if in consequence of the exercise of such a power a person is disturbed in his enjoyment of any land or moveables, he may recover compensation from the universal service provider in respect of that disturbance.U.K.
(2)In relation to England and Wales, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the [F1Upper Tribunal]; and [F2section] 4 of the M1Land Compensation Act 1961 shall apply in relation to the determination subject to any necessary modifications.
(3)In relation to Scotland, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the Lands Tribunal for Scotland; and sections 9 and 11 of the M2Land Compensation (Scotland) Act 1963 shall apply in relation to the determination subject to any necessary modifications.
(4)In relation to Northern Ireland, any question of disputed compensation under sub-paragraph (1) shall be referred to and determined by the Lands Tribunal for Northern Ireland; and the determination shall be deemed to be a determination to which section 31 of the M3Land Development Values (Compensation) Act (Northern Ireland) 1965 applies.
(5)In this paragraph “moveables” means—
(a)in relation to England and Wales and Northern Ireland, chattels, and
(b)in relation to Scotland, corporeal moveables.
Textual Amendments
F1Words in Sch. 6 para. 5(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. 267(a) (with Sch. 5)
F2Word in Sch. 6 para. 5(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. 267(b) (with Sch. 5)
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