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Paragraph 4

England and Wales

(1)

If the person mentioned in paragraph 1(1) of this Schedule is dissatisfied with the surveyor’s valuation he may, before applying under paragraph 3 of this Schedule to the High Court for payment or investment of the compensation paid into court, by notice in writing to the acquiring authority require the submission to the F1Upper Tribunal of the question whether the compensation paid into court was sufficient, or whether any and what further sum ought to be paid over or paid into court.

(2)

If the Upper Tribunal F2awards a further sum, the acquiring authority shall pay over or pay into court as the case may require that further sum within fourteen days of the making of the award, and if they make default, that further sum may be recovered in proceedings in the High Court.

(3)

If the Upper Tribunal F3determines that the compensation paid into court was sufficient, the costs of and incident to the proceedings before the Upper Tribunal shall, in accordance with F4section 29 of the Tribunals, Courts and Enforcement Act 2007, be in the discretion of that Tribunal, but if the Upper Tribunal determines that a further sum ought to be paid, all the costs of and incident to the proceedings shall be borne by the acquiring authority.

Annotations

Textual amendments

F1

Words in Sch. 2 para. 4 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. 72(b)(i) (with Sch. 5)

F2

Words in Sch. 2 para. 4(2) 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. 72(b)(ii) (with Sch. 5)

F3

Word in Sch. 2 para. 4(3) 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. 72(b)(iii) (with Sch. 5)

F4

Words in Sch. 2 para. 4(3) 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. 72(b)(iv) (with Sch. 5)

Notes on Schedule 2

Modifications

C1

Sch. 2 excluded by Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66, SIF 28:1), s. 10(2)

C2

Sch. 2 modified by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 13(3), Sch. 3 paras. 4, 5; excluded by Town and Country Planning Act 1968 (c. 72), Sch. 3A para. 14 now inserted by Land Commission (Dissolution) Act 1971 (c. 18), Sch. 2 Appendix A