Section 13 Mode of settling purchase money and compensation for taking of land.C1
Where any order under this Act incorporates the Lands Clauses Acts, any matter which under those Acts may be determined by the verdict of a jury, by arbitration, or by two justices, shall for the purposes of the order be referred to and determined by a single arbitrator appointed by the parties, or if the parties do not concur in the appointment of a single arbitrator then by the Board of Trade, and the provisions of this Act shall apply with respect to the determination of any such matter in lieu of those of the Lands Clauses Acts relating thereto. Provided that in determining the amount of compensation, the arbitrator shall have regard to the extent to which the remaining and contiguous lands and hereditaments belonging to the same proprietor may be benefited by the proposed light railway.
The Board of Trade may, with the concurrence of the Lord Chancellor, make rules fixing a scale of costs to be applicable on any such arbitration, and may, by such rules, limit the cases in which the costs of counsel are to be allowed.
Annotations
Textual amendments
- F1
Words substituted by virtue of Arbitration Act 1950 (c. 27), s. 44(3)
Marginal citations
- M1
Modifications
- C1
Functions of Board of Trade under s. 13 now exercisable (E.W.) concurrently by Secretary of State: S.I. 1970/1537, art. 2 and (S.) by Secretary of State: S.R.& O. 1920/2122 (Rev. XV, p. 224: 1920, p. 1452), art. 3(vii)
Notes on the whole Act
Textual amendments
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Act repealed (E.W.) (1.1.1993) by Transport and Works Act 1992 (c. 42), s. 68(1), Sch. 4 Pt. I; S.I. 1992/2784, art. 2(b), Sch. 2 Pt. II (with art. 3(2)(3)).