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Paragraph 52 Valuer’s expensesI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where a valuer is appointed under paragraph 50(2) or 51(3)(b), the person responsible for meeting the expenses incurred in carrying out the valuer’s functions under this Part is—

(a)

where the compensation award is in a person’s favour, the person by whom the compensation is payable,

(b)

where there is no compensation award, the person who made the application under paragraph 49(1).

(2)

Where, in the case of a valuer appointed under paragraph 50(2), those expenses have been met by the Commissioner, the Commissioner is entitled to recover them from the person by whom they are payable under sub-paragraph (1).

(3)

For the purpose of sub-paragraph (1), a compensation award is in a person’s favour where, ignoring the effect of paragraph 46, the compensation payable to the person under this Part exceeds the compensation payable by the person under it.

Annotations

Commencement

I1

Sch. 2 para. 52 not in force at Royal Assent, see s. 47(2)