Water Resources Act 1991

Compensation in respect of flood defence and drainage works E+W

5 (1) Where injury is sustained by any person by reason of the exercise by the [F1 Agen cy] of any powers under section 165(1) to (3) of this Act, the [F1 Agency] 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 [F2 Upper Tribunal] .

(3) Where injury is sustained by any person by reason of the exercise by the [F1 Agen cy] of its powers under subsection (1)(b) of section 167 of this Act—

(a) the [F1 Agency] 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 [F1 Agency] of its powers under section 165(1) to (3) of this Act.

Textual Amendments

F1 Words 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

F2 Words in Sch. 21 para. 5(2) 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. 235(b) (with Sch. 5)

Modifications etc. (not altering text)

C1 Sch. 21 para. 5(1)(2) applied (16.3.1992) by Avon Weir Act 1992 (c. v), s. 7(5) (with s. 61)