Jersey Law 8/1994
PURCHASE OF LAND (PROCEDURE) (AMENDMENT No. 5) (JERSEY) LAW 1994
A LAW to amend further the Compulsory Purchase of Land (Procedure)
(Jersey) Law 1961, sanctioned by Order of Her Majesty in Council of the
15th day of MARCH
(Registered on the
22nd day of April 1994)
STATES OF JERSEY
The 7th day of December 1993
STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
In paragraph (2)
of Article 7 of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, as amended (hereinafter referred
to as “the principal Law”), the words “(not being either
Advocates or Solicitors)” shall be deleted.
In Article 8 of
the principal Law for the words “an Advocate or Solicitor as” there
shall be substituted the word “a”.
For paragraph (2)
of Article 14 of the principal Law there shall be substituted the
following paragraph –
fees of the Board and all expenses incurred in proceedings under this Law shall
be paid by the acquiring authority subject to reimbursement by any other party
in accordance with an order of the Board under Article 14A of this Law.”.
After Article 14
of the principal Law there shall be inserted the following Article –
to the following provisions of this Article, the Board may order that the costs
or any part of the costs of any proceedings before it incurred by any party
shall be paid by any other party and may tax or settle the amount of any costs
to be paid under any such order or direct in what manner they are to be taxed.
considering the exercise of its power under paragraph (1) of this Article the
Board shall have particular regard to any offer of a sum in compensation or any
notice of preparedness to accept a sum in compensation made by a party to the
proceedings before it.
the Board orders the claimant to pay the costs, or any part of the costs, of
the acquiring authority, the authority may deduct the amount so payable by the
claimant from the amount of the compensation payable to him.
the foregoing provisions of this Article, the Board shall not order a claimant
in proceedings which are before the Board by virtue of Article 5 of this Law to
pay the costs of the acquiring authority.
this Article “costs” includes any fees, charges and expenses of the
arbitration or award.”.
Where the Board
has been constituted under Article 8 of the principal Law to determine any
question as to compensation and immediately before the coming into force of
Article 4 of this Law that question is pending, the Board shall deal with or
otherwise complete its determination of that question in all respects as if the
said Article 4 had not come into force.
This Law may be
cited as the Compulsory Purchase of Land (Procedure) (Amendment No. 5) (Jersey)
Law 1994 and shall come into force on such day as the States may by Act appoint
and different days may be appointed for different purposes or different
provisions of this Law.
Greffier of the States.