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The Lands Tribunal (Statutory Undertakers Compensation Jurisdiction) Order 1952

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Assessors

6.—(1) In any case relating to compensation payable to the National Coal Board by virtue of regulations made in pursuance of section 90 of the 1947 Act, the President shall direct that the tribunal shall hear the case with the aid of an assessor selected by the President from the members of a panel appointed by the Minister of Fuel and Power of persons appearing to him to have special knowledge and experience of coal mining:

Provided that the provisions of this paragraph shall have no application in any case where the tribunal consists of or includes a member of the panel mentioned therein.

(2) In every other case coming before a tribunal pursuant to the provisions of this Order the President shall direct that the tribunal shall hear the case with the aid of two assessors, namely—

(a)a person having special knowledge and experience of the branch of civil engineering applicable to the circumstances of the case, and

(b)a person selected by the President, as a person having special knowledge and experience of statutory undertakings of the kind carried on by the claimant, from the members of a panel appointed by appropriate Ministers of persons appearing to them to have such knowledge and experience of statutory undertakings:

Provided that—

(i)the appointment of assessors may be dispensed with in any case where the tribunal consists of or includes two persons of whom one is qualified as mentioned in sub-paragraph (a) of this paragraph and the other as mentioned in sub-paragraph (b) thereof, and

(ii)where the tribunal consists of or includes a person qualified as mentioned in one of the said sub-paragraphs but does not include a person qualified as mentioned in the other sub-paragraph, the requirements of this paragraph shall be deemed to be complied with by the appointment of one assessor, being a person qualified as mentioned in that other sub-paragraph.

(3) The foregoing provisions of this Article shall be without prejudice to the power of the President to appoint additional assessors in pursuance of Rule 30 of the 1949 Rules.

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