C1C2Part I Compensation for Depreciation Caused by use of Public Works
Annotations:
Modifications etc. (not altering text)
C2
Pt. 1 amended by Local Government, Planning and Land Act 1980 (c. 65), s. 113
17 Action for nuisance following unsuccessful claim where responsible authority have disclaimed statutory immunity.
Where, in resisting a claim under this Part of this Act, a responsible authority contend that no enactment relating to the works in question confers immunity from actions for nuisance in respect of the use to which the claim relates, then if—
a
compensation is not paid on the claim; and
b
an action for nuisance in respect of the matters which were the subject of the claim is subsequently brought by the claimant against the authority,
no enactment relating to those works, being an enactment in force when the contention was made, shall afford a defence to that action in so far as it relates to those matters.
Pt. I (ss. 1–19) modified by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 45, Sch. 2 Pt. III para. 27(1), Sch. 7 Pt. VI para. 2