SCHEDULES

SCHEDULE 21 CCOMPENSATION ETC. IN RESPECT OF CERTAIN WORKS POWER

Compensation in respect of flood defence and drainage works

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(1)

Where injury is sustained by any person by reason of the exercise by the F1appropriate agency of any powers under section 165(1) to (3) of this Act, the F1appropriate agency shall be liable to make full compensation to the injured party.

(2)

In case of dispute, the amount of any compensation under sub-paragraph (1) above shall be determined by the F2Upper Tribunal .

(3)

Where injury is sustained by any person by reason of the exercise by the F1appropriate agency of its powers under subsection (1)(b) of section 167 of this Act—

(a)

the F1appropriate 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 F1appropriate agency of its powers under section 165(1) to (3) of this Act.