Point in time view as at 30/12/2015.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Land Compensation Act 1973. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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.
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