SCHEDULES

C1SCHEDULE 12 Compensation

Section 102.

Annotations:
Modifications etc. (not altering text)
C1

Sch. 12: power to apply conferred (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {4(2)(f)}, 5(3)

Right to compensation

1

1

This paragraph applies where under Part VII of this Act—

a

real or personal property is taken, occupied, destroyed or damaged, or

b

any other act is done which interferes with private rights of property.

2

Where this paragraph applies in respect of an act taken in relation to any property or rights the Secretary of State shall pay compensation to any person who—

a

has an estate or interest in the property or is entitled to the rights, and

b

suffers loss or damage as a result of the act.

2

No compensation shall be payable unless an application is made to the Secretary of State in such manner as he may specify.

Time limit

3

1

Subject to sub-paragraphs (2) and (3), an application for compensation in respect of an act must be made within the period of 28 days beginning with the date of the act.

2

The Secretary of State may, in response to a request made to him in writing, permit an application to be made—

a

after the expiry of the period mentioned in sub-paragraph (1), and

b

within such longer period, starting from the date of the act and not exceeding six months, as he may specify.

3

Where the Secretary of State refuses a request under sub-paragraph (2)—

a

he shall serve a notice of refusal on the person who made the request,

b

that person may, within the period of six weeks beginning with the date of service of the notice, appeal to the county court against the refusal, and

c

the county court may exercise the power of the Secretary of State under sub-paragraph (2).

Determination

4

Where the Secretary of State determines an application for compensation he shall serve on the applicant a notice—

a

stating that he has decided to award compensation and specifying the amount of the award, or

b

stating that he has decided to refuse the application.

5

1

An applicant may appeal to the county court against—

a

the amount of compensation awarded, or

b

the refusal of compensation.

2

An appeal must be brought within the period of six weeks beginning with the date of service of the notice under paragraph 4.

6

1

This paragraph applies where the Secretary of State considers that in the course of an application for compensation the applicant—

a

knowingly made a false or misleading statement,

b

made a statement which he did not believe to be true, or

c

knowingly failed to disclose a material fact.

2

The Secretary of State may—

a

refuse to award compensation,

b

reduce the amount of compensation which he would otherwise have awarded, or

c

withhold all or part of compensation which he has awarded.

7

Where the Secretary of State makes an award of compensation he may make a payment to the applicant in respect of all or part of the costs of the application.

Assignment of right

8

1

This paragraph applies where—

a

a person has made an application for compensation, and

b

his right to compensation has passed to another person by virtue of an assignment or the operation of law.

2

The Secretary of State shall treat the person mentioned in sub-paragraph (1)(b) as the applicant.

Offenders

9

1

This paragraph applies where a person has a right to compensation in respect of an act and—

a

the act was done in connection with, or revealed evidence of the commission of, a scheduled offence or a non-scheduled offence under this Act, and

b

proceedings for the offence are brought against the person.

2

The person’s right to compensation shall not be enforceable while the proceedings have not been concluded.

3

If the person stands convicted of the offence he shall have no right to compensation.

Notices

10

A notice served under paragraph 3(3)(a) or 4 shall contain particulars of the right of appeal under paragraph 3(3)(b) or 5.

11

1

The Secretary of State may serve a notice under this Schedule on an individual—

a

by delivering it to him,

b

by sending it by post addressed to him at his usual or last-known place of residence or business, or

c

by leaving it for him there.

2

The Secretary of State may serve a notice under this Schedule on a partnership—

a

by sending it by post to a partner, or to a person having the control or management of the partnership business, at the principal office of the partnership, or

b

by addressing it to a partner or to a person mentioned in paragraph (a) and leaving it at that office.

3

The Secretary of State may serve a notice under this Schedule on a body corporate—

a

by sending it by post to the secretary or clerk of the body at its registered or principal office, or

b

by addressing it to the secretary or clerk of the body and leaving it at that office.

4

The Secretary of State may serve a notice under this Schedule on any person—

a

by delivering it to his solicitor,

b

by sending it by post to his solicitor at his solicitor’s office, or

c

by leaving it for his solicitor there.

Offences

12

1

A person commits an offence if he obtains compensation or increased compensation for himself or another person by deception F1. . . .

F21A

Deception ” means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person.

2

A person commits an offence if for the purposes of obtaining compensation he—

a

knowingly makes a false or misleading statement,

b

makes a statement which he does not believe to be true, or

c

knowingly fails to disclose a material fact.

3

A person guilty of an offence under this paragraph shall be liable—

a

on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or

b

on summary conviction, to imprisonment for a term not exceeding one year, to a fine not exceeding the statutory maximum or to both.

4

Section 82 shall not apply in relation to an offence under this paragraph.