(1)Where any person suffers damage by reason of the execution by a highway authority of any works under section 3(10) or 4 above, he shall be entitled to recover compensation in respect of that damage from that authority.
(2)Where in consequence of the coming into operation of an order under section 3 above any person suffers damage by the depreciation in value of any interest in land to which he is entitled, he shall be entitled to recover compensation in respect of that damage from the local highway authority which made the order; but a person shall not be entitled to recover any compensation under this subsection in respect of any depreciation—
(a)in respect of which compensation is recoverable by him under subsection (1) above; or
(b)which is attributable to the prospect of the execution of any such works as are referred to in that subsection.
(3)Subsections (1) to (3) of section 307 of the 1980 Act (disputes as to compensation to be referred to [F1Upper Tribunal]) shall apply in relation to any dispute arising on a claim for compensation under subsection (1) or (2) above as they apply in relation to any dispute arisising as mentioned in subsection (1) of that section.
Textual Amendments
F1Words in s. 5(3) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 166 (with Sch. 5)
Modifications etc. (not altering text)
C1S. 5(1): certain functions of the Secretary of State for Transport made exercisable (25.7.1995) by S.I. 1995/1986, art. 2, Sch. 3 para.8
S. 5(1): power conferred (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 3 para. 8
C2S. 5(1): functions made exercisable as specified (24.3.2009) by The Contracting Out (Highway Functions) Order 2009 (S.I. 2009/721), arts. 1, 3, Sch. 3 para. 8
C3S. 5(1): functions made exercisable as specified (E.) (1.4.2015) by The Delegation of Functions (Strategic Highways Companies) (England) Regulations 2015 (S.I. 2015/378), regs. 1(1), 3, Sch. 3 para. 6