C1C2Part I Compensation for Depreciation Caused by use of Public Works

Annotations:
Modifications etc. (not altering text)
C2

Pt. 1 applied (with modifications) (1.3.2010) by Planning Act 2008 (c. 29), ss. 152(7), 236, 241(8), (8), Sch. 12 para. 20(c) (with s. 226); S.I. 2010/101, art. 3(h) (with art. 6)

17 Interpretation of Part I.

1

In this Part of this Act—

  • “the appropriateroads authority” means—

a

except where paragraph (b) below applies, the F1roads authority who constructed the F1road to which the claim relates;

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 F1road, the F1roads authority who carried out the alterations;

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

. . . F2

  • F3“the first claim day” has the meaning given in section 3(2) above;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4;

  • “land” includes salmon fishings;

  • “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 12(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.

F52A

Section 6 of the M1Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of five years) shall apply to an obligation to make compensation under this Part of this Act, and in relation to such an obligation the appropriate date for the purposes of subsection (1) of the said section 6 shall be the first claim day.

3

In the application of this Part of this Act to a road which has not always since 17th October 1969 been a F1road—

a

references to its being open to public traffic shall be construed as references to its being so open whether or not as a F1road;

b

for references to the F1roads authority who constructed it there shall be substituted references to the F1roads authority for the F1roads;

and no claim shall be made if the relevant date falls at a time when the road was not a highway and the road does not become a highway within three years of that date, . . . F6