Commencement Information
I1Sch. 6 wholly in force at 1.11.1993 see s. 188(2) and S.I. 1993/2134, art. 5
17(1)Where—E+W
(a)paragraph 14(2) operates to reduce the value of any such superior interest as is there mentioned (“the superior interest”), and
(b)apart from this paragraph any amount of compensation is payable under paragraph 8 to the owner of any relevant inferior interest in respect of that interest,
there shall be payable to the owner of the superior interest so much of the amount of compensation as is equal to the amount of the reduction or, if less than that amount, the whole of the amount of compensation.
(2)Where—
(a)paragraph 14(2) operates to reduce the value of two or more such superior interests as are there mentioned (“the superior interests”), and
(b)apart from this paragraph any amount of compensation is payable under paragraph 8 to the owner of any relevant inferior interest in respect of that interest,
sub-paragraph (1) shall apply in the first instance as if the reference to the owner of the superior interest were to the owner of such of the superior interests as is furthest from the negative interest, and then, as respects any remaining amount of compensation, as if that reference were to the owner of such of the superior interests as is next furthest from the negative interest, and so on.
(3)In sub-paragraph (1) or (2) “relevant inferior interest”, in relation to any interest whose value is reduced as mentioned in that sub-paragraph (“the superior interest”), means—
(a)the negative interest on account of which any such reduction is made, or
(b)any other interest intermediate between that negative interest and the superior interest;
but sub-paragraph (1) shall apply in the first instance in relation to any amount of compensation payable to the owner of that negative interest, and then, for the purpose of offsetting (so far as possible) any reduction remaining to be offset in accordance with sub-paragraph (1) or (2), in relation to any amount of compensation payable to the owner of the interest immediately superior to that negative interest, and so on in order of proximity to it.
(4)To the extent that an amount of compensation is payable to the owner of any interest by virtue of this paragraph—
(a)paragraph 2(1)(c) [F1, 5A(2)(c)] or 6(1)(b)(ii) shall have effect as if it were an amount of compensation payable to him, as owner of that interest, in accordance with paragraph 5 or 8, as the case may be; and
(b)the person who would otherwise have been entitled to it in accordance with paragraph 8 shall accordingly not be so entitled.
(5)In a case where paragraph 14(2) applies separately in relation to two or more negative interests in accordance with paragraph 14(3), the preceding provisions of this paragraph shall similarly apply separately in relation to the reductions made on account of each of those interests, and shall so apply—
(a)according to the order determined by paragraph 14(3)(a); and
(b)with there being taken into account any reduction in the amount of compensation payable to any person under paragraph 8 which results from the prior application of the preceding provisions of this paragraph.
[F2(6)Where any reduction in value under sub-paragraph (2) of paragraph 14 is apportioned in accordance with sub-paragraph (3A) of that paragraph, any amount of compensation payable by virtue of this paragraph shall be similarly apportioned.]
Textual Amendments
F1Words in Sch. 6 para. 17(4)(a) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 18(15); S.I. 1996/2212, art. 2(2) (with savings in Sch.)
F2Sch. 6 para. 17(6) inserted (1.10.1996) by 1996 c. 52, s. 107, Sch. 10 para. 18(16); S.I. 1996/2212, art. 2(2) (with savings in Sch.)