Remedial action and compensation
14 Compensation for disturbance to apparatus and moorings.
1
Where—
a
the Secretary of State takes any action in relation to any apparatus under paragraph 1(1)(a)or (b) of Schedule 3 to this Act; and
b
any remedial measures rendered reasonably necessary in view of his proposal to take that action are not taken by the Secretary of State before he takes that action;
the person to whom the apparatus belongs shall be entitled to recover from the Secretary of State any reasonable expenses incurred by that person in, or in connection with, taking those remedial measures.
2
In subsection (1) above ”remedial measures’ means—
a
the removal and relaying or replacing, alteration or protection of any apparatus or the provision and construction of any new apparatus;
b
the cutting off of any apparatus from any other apparatus; and
c
the carrying out of any other work or the doing of any other thing reasonably required for the purposes of or in connection with the operation of any apparatus.
3
Where the Secretary of State removes any mooring in exercise of his power under paragraph 1(1)(c) of Schedule 3 to this Act, the person to whom the mooring belongs shall be entitled to recover from the Secretary of State any reasonable relocation costs incurred by that person in consequence of the removal of the mooring.
4
In subsection (3) above “relocation costs” means, in relation to any mooring removed by the Secretary of State in exercise of the power mentioned in that subsection—
a
any expenses incurred in relocating the mooring in a new situation or in removing it from the new situation and reinstating it in its original situation; and
b
any expenses incurred in moving any vessel for which the mooring was used before it was so removed from the original situation of the mooring to a new situation and back again on reinstatement of the mooring in its original situation;
or, in any case where any such vessel is to be kept on dry land during the period when the site from which the mooring is removed is not available for use in consequence of the carrying out of any works or other action which was the occasion for the removal of the mooring, any expenses incurred for the purpose of lifting the vessel from the water on the removal of the mooring or returning it to the water on reinstatement of the mooring in its original situation.
5
References in subsection (4) above, in relation to any mooring removed by the Secretary of State as there mentioned, to the mooring include references to any new mooring provided in place of that mooring (whether by the Secretary of State in exercise of his powers under this Act or by the owner of the mooring).
6
Where the owner of any mooring that the Secretary of State proposes to remove in exercise of his power under paragraph 1(1)(c) of Schedule 3 to this Act himself removes it or procures its removal, this section shall apply as if the mooring had been removed by the Secretary of State in exercise of that power.
7
This section shall be regarded for the purposes of section 37(5) of the M1Land Compensation Act 1973 (discretionary compensation for disturbance in absence of entitlement to a disturbance payment or to compensation for disturbance under any other enactment) as providing compensation for disturbance for the owners of moorings removed by the Secretary of State in exercise of his powers under paragraph 1(1)(c) of Schedule 3 to this Act.