Part II Duties of Water Authorities

C110 Compensation for damage resulting from exercise of powers.

1

Subject to the provisions of this section, a F1local authority or F2Scottish WaterF3 . . . shall make full compensation to any person who has sustained damage by reason of the exercise by them F4or it of any of their F5or its powers under this Act in relation to a matter as to which he has not himself been in default.

F61A

The escape of water, however caused, F7 . . . from one of F8Scottish Water’sF7 . . . communication F9or supply pipes or mains shall for the purposes of subsection (1) above be taken to have been brought about by the exercise by F10it 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 F1124 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.

F125

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 F13section 214 of the Town and Country Planning (Scotland) Act 1997;

F14b

roads authorities as defined in section 151(1) of the M1 Roads (Scotland) Act 1984;

c

bridge authorities F15as defined in section 147 of the New Roads and Street Works Act 1991;

F16d

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 F17141 of the said Act of 1991 is conferred.

F186

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