Paragraph 5

England and Wales

Where injury is sustained by any person by reason of the exercise by the F1appropriate agency of any powers under section 165(1) to (3) of this Act, the appropriate agency shall be liable to make full compensation to the injured party.

(2)

In case of dispute, the amount of any compensation under sub-paragraph (1) above shall be determined by the F2Upper Tribunal .

(3)

Where injury is sustained by any person by reason of the exercise by the appropriate agency of its powers under subsection (1)(b) of section 167 of this Act—

(a)

the appropriate agency may, if it thinks fit, pay to him such compensation as it may determine; and

(b)

if the injury could have been avoided if those powers had been exercised with reasonable care, the provisions of sub-paragraphs (1) and (2) above shall apply as if the injury had been sustained by reason of the exercise by the appropriate agency of its powers under section 165(1) to (3) of this Act.

Annotations

Textual amendments

F1: Words in Sch. 21 para. 5 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 2 para. 313 (with Sch. 7)
F2: Words in Sch. 21 para. 5(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. 235(b) (with Sch. 5)

Modifications

C1: Sch. 21 para. 5(1)(2) applied (16.3.1992) by Avon Weir Act 1992 (c. v), s. 7(5) (with s. 61)
C2: Sch. 21 para. 5(1)(2) applied (with modifications) (W.) (1.12.2011) by The Incidental Flooding and Coastal Erosion (Wales) Order 2011 (S.I. 2011/2829), arts. 1, 8
C3: Sch. 21 para. 5(1)(2) applied (with modifications) (W.) (1.12.2011) by The Incidental Flooding and Coastal Erosion (Wales) Order 2011 (S.I. 2011/2829), arts. 1, 7
C4: Sch. 21 para. 5(1)(2) applied (with modifications) (E.) (1.12.2011) by The Incidental Flooding and Coastal Erosion (England) Order 2011 (S.I. 2011/2855), arts. 1(c), 7
C5: Sch. 21 para. 5(1)(2) applied (with modifications) (E.) (1.12.2011) by The Incidental Flooding and Coastal Erosion (England) Order 2011 (S.I. 2011/2855), arts. 1(c), 8