Telecommunications Services (Ducting and Cables) Act 2018
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Compensation for diminution in value of land | ||
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4. (1) A person who was an owner immediately before the vesting day may apply to the Minister for compensation in respect of any diminution in the value of land consequent on the vesting in the Minister of any legal interest under section 3 and the owner shall, subject to the provisions of this section, be entitled to be paid such compensation together with interest by virtue of subsection (3). | ||
(2) Subject to subsection (4), the amount of compensation payable under subsection (1) shall, having regard to the valuation applied by GNI (or any of its predecessors in title) for the purposes of the relevant deeds, be determined by reference to the difference between the antecedent and subsequent values of the land concerned consequent on the vesting in the Minister of any legal interest under section 3 , where— | ||
(a) the antecedent value of the land is the amount which the land if sold in the open market by a willing seller immediately before the vesting day might have been expected to realise, and | ||
(b) the subsequent value of the land is the amount which the land if sold in the open market by a willing seller immediately after the vesting day might be expected to realise. | ||
(3) (a) Subject to paragraph (b), where compensation is payable under subsection (1), there shall be paid interest on the amount of the compensation so payable at such rate as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine from time to time for the purpose of this section, from the vesting day until the payment of such compensation. | ||
(b) There shall be no interest paid on compensation where— | ||
(i) the Minister makes an unconditional offer in writing of any sum as compensation to the owner concerned, | ||
(ii) such offer is not accepted by the owner to whom it is made, and | ||
(iii) the sum awarded as compensation by the official arbitrator does not exceed the sum so offered. | ||
(4) Any amounts paid to an owner (or to any of his or her predecessors in title) in consideration of the granting by the owner to GNI (or to any of its predecessors in title) of access to any part of the route, and of any ancillary rights relating thereto, in respect of ducting and cables, shall be taken into account in assessing any amount of compensation payable under subsection (1). | ||
(5) (a) Subject to paragraph (b), a claim for compensation under subsection (1) shall be made not later than 3 years from the vesting day. | ||
(b) The High Court may, where it considers that the interests of justice so require, extend the period within which a claim for compensation under subsection (1) may be brought upon application being made to it in that behalf. | ||
(6) Subject to subsection (5), compensation under this section may be paid to the personal representatives of a person entitled to it. | ||
(7) A claim for compensation under subsection (1) shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act 1919 and sections 69 to 83 of the Lands Clauses Consolidation Act 1845 , in all respects as if the claim arose in relation to compulsory acquisition of land (but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award) and for the purposes of those Acts the Minister shall be deemed to be the promoter of the undertaking. | ||
(8) In this section “official arbitrator” means an official arbitrator under the Acquisition of Land (Assessment of Compensation) Act 1919 . |