Modifications etc. (not altering text)
C1Sch. 1 applied (with modifications) (3.6.1999) by S.I. 1999/1555, art. 5(4), Sch. 1 paras. 3-9
4(1)Subject to this paragraph, the compensation to be paid for any land to be purchased from a person under any disability or incapacity who has no power to sell or convey the land except under this Schedule, or for any permanent damage or injury to any such land, shall be determined by the valuation of two surveyors, one of whom shall be nominated by the acquiring authority, and the other by the other party.E+W
(2)If the two surveyors cannot agree on a valuation, two justices of the peace may, on the application of either party, and after notice to the other party, nominate a third surveyor to make the valuation instead of the two other surveyors.
(3)Each of the two surveyors or, as the case may be, the third surveyor shall annex to any valuation made by him a declaration in writing signed by him of the correctness of the valuation.
(4)No valuation need be made under this paragraph if the compensation has been determined [F1by the Upper Tribunal] in pursuance of the provisions of this Act or under paragraph 1 of Schedule 2 to this Act.
(5)In this paragraph “surveyor” means an able practical surveyor.
Textual Amendments
F1Words in Sch. 1 para. 4(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. 71 (with Sch. 5)