Paragraph 3 I1

England and Wales Not yet in force

(1)

Where this Schedule applies to a contributory, the contributory is not entitled to enforce the claim for compensation, otherwise than by way of set-off against any sum demanded from the contributory under section 51 or 53, until the end of the relevant period.

(2)

But where—

(a)

the contributory is given a demand for a contribution under section 51 or 53, and

(b)

the amount recoverable by virtue of that demand (having regard to any application made under section 52 or 54) is less than the amount of the contributory’s claim for compensation from the person who gave the demand,

sub-paragraph (1) does not apply to proceedings brought by the contributory to recover the balance of the compensation from that person.

(3)

For the purposes of this paragraph, the “relevant period” is—

(a)

in relation to a claim by a contributory for compensation recoverable from an owner of land, 12 months beginning with the day on which the owner completed the operations referred to in paragraph 1(2)(a);

(b)

in relation to a claim by a contributory for compensation recoverable from the Authority—

(i)

where the expenses in respect of which a contribution may be claimed from the contributory fall within section 53(1), 12 months beginning with day on which the operations referred to in that section were completed;

(ii)

where the expenses in respect of which a contribution may be claimed from the contributory fall within section 53(2), 12 months beginning with day on which the investigations referred to in that section were completed.

Annotations

Commencement

I1: Sch. 2 para. 3 not in force at Royal Assent, see s. 92(3)