20(1)For the purposes of this paragraph—U.K.
(a)a party is a person who is a transferor or a transferee under the transfer scheme or schemes referred to in this paragraph;
(b)a third party is a person who is not a transferor or a transferee under the transfer scheme or schemes referred to in this paragraph.
(2)This paragraph applies if—
(a)a transfer scheme is made or transfer schemes are made,
(b)rights or liabilities of a third party are (apart from the scheme or schemes) enforceable against or by a transferor,
(c)in consequence of the scheme or schemes or of anything done under this Schedule the third party’s rights or liabilities become enforceable as to different parts against or by different parties, and
(d)the value of any property or interest of the third party is diminished as a result.
(3)Just compensation must be paid to the third party by one or more of these persons—
(a)the parties against or by whom the third party’s rights or liabilities become enforceable;
(b)the transferor concerned (if he does not fall within paragraph (a)).
(4)If it appears to the transferor that a person is or may be entitled to compensation the transferor must—
(a)notify the person that he is or may be entitled, and
(b)invite him to make representations to the transferor within the period of 14 days starting with the date the notification is made.
(5)But if the transferor does not know the person’s name and address he must instead publish (in a manner he thinks is appropriate) a notice which—
(a)contains information about the property or interest affected, and
(b)invites any person who thinks he is or may be entitled to compensation to make representations to the transferor within the period specified in the notice (which must not be less than 28 days starting with the date of publication of the notice).
(6)A dispute about whether (or how much) compensation is payable under this paragraph, or about who must pay or be paid it, must be referred to and determined by—
(a)an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors (if the proceedings are to be held in England and Wales),
(b)an arbiter appointed by the Chairman of the Royal Institution of Chartered Surveyors in Scotland (if the proceedings are to be held in Scotland), or
(c)an arbitrator appointed by the [F1Chairman of the Royal Institution of Chartered Surveyors in Northern Ireland] (if the proceedings are to be held in Northern Ireland).
Textual Amendments
F1Words in Sch. 6 para. 20(6)(c) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 297(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(x)
Commencement Information
I1Sch. 6 paras. 1-25 wholly in force at 1.2.2001, see s. 275(1) and S.I. 2001/57, art. 3(1), Sch. 2 Pt. I (subject to the transitional provision and saving in Sch. 2 Pt. II)