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Version Superseded: 01/04/2002
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(1)Subject to the provisions of this section, a [F1local authority] or water authority F2shall make full compensation to any person who has sustained damage by reason of the exercise by them of any of their powers under this Act in relation to a matter as to which he has not himself been in default.
[F3(1A)The escape of water, however caused, F4 from one of a water authority’s F4 communication [F5or supply] pipes or mains shall for the purposes of subsection (1) above be taken to have been brought about by the exercise by them of powers under this Act.]
(2)Any question arising under this section as to the fact of damage or as to the amount of compensation shall, in case of dispute, be determined by arbitration.
(3)A claim for compensation under this section shall not be maintainable unless it is made within [F624] months after the date on which it is alleged to have arisen.
(4)The provisions of this section shall be without prejudice to any other provisions in this Act relating to compensation.
[F7(5)Without prejudice to any right to compensation other than under subsection (1) above, in that subsection “person” does not, as regards compensation payable under that subsection by virtue of subsection (1A) above, include—
(a)statutory undertakers as defined in [F8section 214 of the Town and Country Planning (Scotland) Act 1997];
[F9(b)roads authorities as defined in section 151(1) of the M1 Roads (Scotland) Act 1984;]
(c)bridge authorities [F10as defined in section 147 of the New Roads and Street Works Act 1991;]
[F11(d)road works authority as defined in section 108 of the New Roads and Street Works Act 1991;]
(e)persons on whom a right to compensation under section [F12141 of the said Act of 1991] is conferred.
F13(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1Words in s. 10(1) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(5)(a)(i); S.I. 1996/323, art. 4(1)(c)
F2Words in s. 10(1) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(5)(a)(ii), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F3S. 10(1A) inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 57(a)
F4Words in s. 10(1A) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(5)(b)(i), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
F5Words in s. 10(1A) inserted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(5)(b)(ii); S.I. 1996/323, art. 4(1)(c)
F6Words in s. 10(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(5)(c); S.I. 1996/323, art. 4(1)(c)
F7S. 10(5)(6) inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 57(b)
F8Words in s. 10(5)(a) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 30(1)
F9S. 10(5)(b) substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 81(3)(a)
F10Words in s. 10(5)(c) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 Pt. IV para. 108(2)(a); S.I. 1992/2990, art. 2(2), Sch. 2
F11S. 10(5)(d) substituted (1.1.1993) by virtue of New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Pt. IV, para. 108(2)(b); S.I. 1992/2990, art. 2(2), Sch. 2
F12Words in s. 10(5)(e) substituted (4.1.1995) by 1994 c. 39, s. 180(1), Sch. 13 para. 119(5)(d); S.I. 1994/2850, art. 3
F13S. 10(6) repealed (1.4.1996) by 1994 c. 39, s. 180(1)(2), Sch. 13 para. 119(5)(e), Sch. 14; S.I. 1996/323, art. 4(1)(c)(d), Sch. 2
Marginal Citations
M11984 c. 54 (59, 108).
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