SCHEDULES

SCHEDULE 12Compensation etc. in respect of pipe-laying and other works powers

Compensation in respect of sewerage works etc.

4(1)Subject to the following provisions of this paragraph, a sewerage undertaker shall make full compensation to any person who has sustained damage by reason of the exercise by the undertaker, in relation to a matter as to which that person has not himself been in default, of any of its powers under the relevant sewerage provisions.

(2)Subject to sub-paragraph (3) below, any dispute arising under this paragraph as to the fact of damage, or as to the amount of compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the Secretary of State.

(3)If the compensation claimed under this paragraph in any case does not exceed £50, all questions as to the fact of damage, liability to pay compensation and the amount of compensation may, on the application of either party, be determined by, and any compensation awarded may be recovered before, a magistrates' court.

(4)Sections 300 and 301 of the [1936 c. 49.] Public Health Act 1936 (which relate to the determination of questions by courts of summary jurisdiction and to appeals against such determinations) shall apply for the purposes of and in relation to a determination on an application under sub-paragraph (3) above as they apply for the purposes of and in relation to a determination by a magistrates' court under that Act.

(5)No person shall be entitled by virtue of this paragraph to claim compensation on the ground that a sewerage undertaker has, in the exercise of its powers under the relevant sewerage provisions, declared any sewer or sewage disposal works, whether belonging to that person or not, to be vested in the undertaker.