SCHEDULE 6Powers of enforcement

PART 1The Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency and the Department of the Environment

SECTION 2Warrants, evidence and compensation

21.

Any dispute as to a person’s entitlement to compensation under paragraph 19, or as to the amount of any such compensation—

(a)

in England and Wales, must be referred to the arbitration of a single arbitrator appointed by agreement between the enforcing authority in question and the person who claims to have sustained the loss or damage or, in default of agreement, appointed by the Secretary of State;

(b)

in Scotland, must be referred to the arbitration of an arbiter, appointed by agreement between the enforcing authority in question and the person who claims to have sustained the loss or damage or, in default of agreement, appointed by the Scottish Ministers; or

(c)

in Northern Ireland, must be referred to and determined by the Lands Tribunal for Northern Ireland.