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SCHEDULE 12 |
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COMPENSATION |
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Right to compensation |
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1.
- (1) This paragraph applies where under Part VII of this Act-
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(a) real or
personal property is taken, occupied, destroyed or damaged, or
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(b) any other
act is done which interferes with private rights of property.
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(2)
Where this paragraph applies in respect of an act taken in relation
to any property or rights the Secretary of State shall pay compensation
to any person who-
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(a) has an
estate or interest in the property or is entitled to the rights,
and
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(b) suffers
loss or damage as a result of the act.
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2.
No compensation shall be payable unless an application is made to
the Secretary of State in such manner as he may specify.
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Time limit |
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3.
- (1) Subject to sub-paragraphs (2) and (3), an application for
compensation in respect of an act must be made within the period
of 28 days beginning with the date of the act.
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(2)
The Secretary of State may, in response to a request made to him
in writing, permit an application to be made-
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(a) after
the expiry of the period mentioned in sub-paragraph (1), and
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(b) within
such longer period, starting from the date of the act and not
exceeding six months, as he may specify.
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(3)
Where the Secretary of State refuses a request under sub-paragraph
(2)-
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(a) he shall
serve a notice of refusal on the person who made the request,
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(b) that person
may, within the period of six weeks beginning with the date of
service of the notice, appeal to the county court against the
refusal, and
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(c) the county
court may exercise the power of the Secretary of State under sub-paragraph
(2).
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Determination |
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4.
Where the Secretary of State determines an application for compensation
he shall serve on the applicant a notice-
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(a) stating
that he has decided to award compensation and specifying the amount
of the award, or
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(b) stating
that he has decided to refuse the application.
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5.
- (1) An applicant may appeal to the county court against-
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(a) the amount
of compensation awarded, or
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(b) the refusal
of compensation.
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(2)
An appeal must be brought within the period of six weeks beginning
with the date of service of the notice under paragraph 4.
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6.
- (1) This paragraph applies where the Secretary of State considers
that in the course of an application for compensation the applicant-
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(a) knowingly
made a false or misleading statement,
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(b) made a
statement which he did not believe to be true, or
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(c) knowingly
failed to disclose a material fact.
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(2)
The Secretary of State may-
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(a) refuse
to award compensation,
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(b) reduce
the amount of compensation which he would otherwise have awarded,
or
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(c) withhold
all or part of compensation which he has awarded.
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7.
Where the Secretary of State makes an award of compensation he may
make a payment to the applicant in respect of all or part of the
costs of the application.
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Assignment of right |
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8.
- (1) This paragraph applies where-
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(a) a person
has made an application for compensation, and
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(b) his right
to compensation has passed to another person by virtue of an assignment
or the operation of law.
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(2)
The Secretary of State shall treat the person mentioned in sub-paragraph
(1)(b) as the applicant.
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Offenders |
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9.
- (1) This paragraph applies where a person has a right to compensation
in respect of an act and-
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(a) the act
was done in connection with, or revealed evidence of the commission
of, a scheduled offence or a non-scheduled offence under this
Act, and
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(b) proceedings
for the offence are brought against the person.
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(2)
The person's right to compensation shall not be enforceable while
the proceedings have not been concluded.
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(3)
If the person stands convicted of the offence he shall have no right
to compensation.
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Notices |
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10.
A notice served under paragraph 3(3)(a) or 4 shall contain particulars
of the right of appeal under paragraph 3(3)(b) or 5.
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11.
- (1) The Secretary of State may serve a notice under this Schedule
on an individual-
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(a) by delivering
it to him,
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(b) by sending
it by post addressed to him at his usual or last-known place of
residence or business, or
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(c) by leaving
it for him there.
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(2)
The Secretary of State may serve a notice under this Schedule on
a partnership-
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(a) by sending
it by post to a partner, or to a person having the control or
management of the partnership business, at the principal office
of the partnership, or
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(b) by addressing
it to a partner or to a person mentioned in paragraph (a) and
leaving it at that office.
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(3)
The Secretary of State may serve a notice under this Schedule on
a body corporate-
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(a) by sending
it by post to the secretary or clerk of the body at its registered
or principal office, or
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(b) by addressing
it to the secretary or clerk of the body and leaving it at that
office.
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(4)
The Secretary of State may serve a notice under this Schedule on
any person-
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(a) by delivering
it to his solicitor,
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(b) by sending
it by post to his solicitor at his solicitor's office, or
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(c) by leaving
it for his solicitor there.
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Offences |
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12.
- (1) A person commits an offence if he obtains compensation or
increased compensation for himself or another person by deception
(within the meaning of section 15(4) of the Theft Act (Northern
Ireland) 1969).
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(2)
A person commits an offence if for the purposes of obtaining compensation
he-
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(a) knowingly
makes a false or misleading statement,
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(b) makes
a statement which he does not believe to be true, or
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(c) knowingly
fails to disclose a material fact.
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(3)
A person guilty of an offence under this paragraph shall be liable-
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(a) on conviction
on indictment, to imprisonment for a term not exceeding five years,
to a fine or to both, or
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(b) on summary
conviction, to imprisonment for a term not exceeding one year,
to a fine not exceeding the statutory maximum or to both.
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(4)
Section 82 shall not apply in relation to an offence under this
paragraph.
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