Jersey Law 8/1994

 

COMPULSORY PURCHASE OF LAND (PROCEDURE) (AMENDMENT No. 5) (JERSEY) LAW 1994

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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 1994

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(Registered on the 22nd day of April 1994)

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STATES OF JERSEY

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The 7th day of December 1993

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

ARTICLE 1

In paragraph (2) of Article 7 of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961,1 as amended (hereinafter referred to as “the principal Law”), the words “(not being either Advocates or Solicitors)” shall be deleted.

ARTICLE 2

In Article 8 of the principal Law for the words “an Advocate or Solicitor as” there shall be substituted the word “a”.

ARTICLE 3

For paragraph (2) of Article 14 of the principal Law2 there shall be substituted the following paragraph –

“(2)        The 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.”.

ARTICLE 4

After Article 14 of the principal Law there shall be inserted the following Article –

“ARTICLE 14A

Costs

(1)          Subject 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.

(2)          In 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.

(3)          Where 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.

(4)          Notwithstanding 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.

(5)          In this Article “costs” includes any fees, charges and expenses of the arbitration or award.”.

ARTICLE 5

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.

ARTICLE 6

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.

 

G.H.C. COPPOCK

 

Greffier of the States.



1        Volume 1961–1962, page 395.

2        Volume 1961–1962, page 400.


Page Last Updated: 27 Apr 2016