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)