SCHEDULE 21 Compensation etc in respect of Certain Works Powers
Water Resources Act 1991 (1991 c 57) | Legislation

SCHEDULE 21 Compensation etc in respect of Certain Works Powers

Section 177

Compensation in respect of street works powers

1

(1)     This paragraph applies, in relation to the [appropriate agency], to the powers conferred on it in relation to streets by sections 159 and 162 of this Act.

(2)     It shall be the duty of the [appropriate agency]—

(a)     to do as little damage as possible in the exercise of the powers to which this paragraph applies; and

(b)     to pay compensation for any loss caused or damage done in the exercise of those powers.

(3)     Any dispute as to whether compensation should be paid under sub-paragraph (2) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the parties to the dispute or, in default of agreement, by the Secretary of State.

(4)     Until the coming into force of Part III of the New Roads and Street Works Act 1991, a payment of compensation under this paragraph shall be treated for the purposes of section 32 of the Public Utilities Street Works Act 1950 (provisions against duplication of compensation) as made under an enactment

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