Version Superseded: 01/06/2009
Point in time view as at 01/04/1996.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Water Resources Act 1991. Any changes that have already been made by the team appear in the content and are referenced with annotations.
5(1)Where injury is sustained by any person by reason of the exercise by the [F1Agen cy] of any powers under section 165(1) to (3) of this Act, the [F1Agency] shall be liable to make full compensation to the injured party.E+W
(2)In case of dispute, the amount of any compensation under sub-paragraph (1) above shall be determined by the Lands Tribunal.
(3)Where injury is sustained by any person by reason of the exercise by the [F1Agen cy] of its powers under subsection (1)(b) of section 167 of this Act—
(a)the [F1Agency] may, if it thinks fit, pay to him such compensation as it may determine; and
(b)if the injury could have been avoided if those powers had been exercised with reasonable care, the provisions of sub-paragraphs (1) and (2) above shall apply as if the injury had been sustained by reason of the exercise by the [F1Agency] of its powers under section 165(1) to (3) of this Act.
Textual Amendments
F1Words in Sch. 21 para. 5 substituted (subject to other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Modifications etc. (not altering text)
C1Sch. 21 para. 5(1)(2) applied (16.3.1992) by Avon Weir Act 1992 (c. v), s. 7(5) (with s. 61)
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