Part IE+W Compensation for Depreciation Caused by use of Public Works

Modifications etc. (not altering text)

C3Pt. I applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), ss. 152(7), 241(8) (with s. 226); S.I. 2010/101, art. 3(h) (with art. 6)

19 Interpretation of Part I.E+W

(1)In this Part of this Act—

  • “the appropriate highway authority” means—

(a)except where paragraph (b) below applies, the highway authority who constructed the highway to which the claim relates [F1or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of the Local Government Act 1985][F2or the Local Government (Wales) Act 1994];

(b)if and so far as the claim relates to depreciation that would not have been caused but for alterations to the carriageway of a highway, the highway authority who carried out the alterations [F3or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of [F4either of those Acts]];

  • “claim” means a claim under this Part of this Act and “the claimant” means the person making such a claim;

. . . F5

  • “commencement date” means the date on which this Part of this Act comes into force;

  • [F6“the first claim day” has the meaning given in section 3(2) above;]

  • “highway” includes part of a highway and,. . . F7, means a highway or part of a highway maintainable at the public expense as defined in [F8section 329(1) of the M1Highways Act 1980]

. . . F9

  • “public works” and “responsible authority” have the meaning given in section 1 above;

  • “the relevant date” has the meaning given in sections 1(9) and 9(2) above.

(2)For the purposes of sections 2(1), 11(1) and 14(2) above an interest acquired or disposed of, or a tenancy granted, pursuant to a contract shall be treated as acquired, disposed of or granted when the contract was made.

[F10(2A)For the purposes of the M2Limitation Act 1939, a person’s right of action to recover compensation under this Part of this Act shall be deemed to have accrued on the first claim day.]

(3)In the application of this Part of this Act to a highway which has not always since 17th October 1969 been a highway maintainable at the public expense as defined above—

(a)references to its being open to public traffic shall be construed as references to its being so open whether or not as a highway so maintainable;

(b)for references to the highway authority who constructed it there shall be substituted references to the highway authority for the highway;

and no claim shall be made if the relevant date falls at a time when the highway was not so maintainable and the highway does not become so maintainable within three years of that date. . . F11

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F2Words in pargaraph (a) of the definition of the

“appropriate highway authority”

in s. 19(1) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 40(2)(a) (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2); S.I. 1996/396, art. 4, Sch. 2

F4Words in paragraph (b) of the definition of the

“appropriate highway authority”

in s. 19(1) inserted (1.4.1996) by S.I. 1996/525, art. 3, Sch. Pt. I para. 1

F5Definition repealed by Local Government, Planning and Land Act 1980 (c. 65), s. 112(5)(9), Sch. 34 Pt. XII except in cases where the relevant date was more than 3 years before 13.11.1980

F6Definition inserted by Local Government, Planning and Land Act 1980 (c. 65), s. 112(5)(9) except in cases where the relevant date was more than 3 years before 13.11.1980

F10S. 19(2A) inserted by Local Government, Planning and Land Act 1980 (c. 65) s. 112(6)(9) except in cases where the relevant date was more than 3 years before 13.11.1980

F11Words repealed by Local Government, Planning and Land Act 1980 (c. 65), s. 112(8)(9), Sch. 34 Pt. XII except in cases where the relevant date was more than 3 years before 13.11.1980

Marginal Citations