OpenLegislation

Section 40 Disputes: general.C1C2I1

(1)

Except as otherwise provided by or under this Act, any question arising under this Act shall, in default of agreement, be referred to and determined by the F1appropriate tribunal.

C3(2)

Where in any proceedings under this Act the question arises whether any damage to property is subsidence damage, and it is shown that the nature of the damage and the circumstances are such as to indicate that the damage may be subsidence damage, the onus shall be on the Corporation to show that the damage is not subsidence damage.

(3)

The tribunal, court or other person by whom any question is heard and determined under this Act may make such orders as may be necessary to give effect to its or his determinations and in particular may by order—

(a)

require the Corporation to carry out any obligations imposed upon them by this Act within such period as the tribunal, court or person may direct;

(b)

award damages in respect of any failure of the Corporation to carry out any such obligations.

Annotations

Textual amendments

F1

Words in s. 40(1) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 218 (with Sch. 5)

Modifications

C1

S. 40 amended (31.10.1994) by 1994 c. 21, s. 43, Sch. 6 para. 7 (with ss. 40(7), 66); S.I. 1994/2553, art. 2

C2

S. 40 extended (31.10.1994) by 1994 c. 21, s. 47(1) (with ss. 40(7), 66); S.I. 1994/2552, art. 2, Sch. 1

C3

S. 40(2)(3) applied (31.10.1994) by 1994 c. 21, s. 47(3) (with ss. 40(7), 66); S.I. 1994/2552, art. 2, Sch. 1

Commencement

I1

S. 40 wholly in force at 30. 11. 1991 see s. 54(2) and S.I. 1991/2508, art. 2

Notes on Part V

Commencement

I1

Part V wholly in force at 30. 11. 1991 see s. 54(2) and S.I. 1991/2508, art.2