Commentary on Sections Effect of infrastructure consent orders Section 101 – Compensation in case where defence of statutory authority applies
260.Section 101 confers a right to compensation in cases where, by virtue of section 100 or the terms of an infrastructure consent order, there is a defence of statutory authority in civil or criminal proceedings for nuisance in respect of any authorised works.
261.Subsection (2) defines “authorised works” as development for which an infrastructure consent order is granted and anything else authorised by the order.
262.Subsection (3) imposes a duty on the person who carries out the authorised works or on whose behalf such works are carried out, to pay compensation to any person whose land is injuriously affected by the carrying out of the authorised works.
263.Disputes about compensation under subsection (3) are referred to the Upper Tribunal.
264.Subsection (5) provides that section 10(2) of the Compulsory Purchase Act 1965 (limitations on compensation) applies to section 101(3) as it applies to section 10(2) of the Compulsory Purchase Act 1965.
265.Any rule or principle applied to the construction of section 10 of the Compulsory Purchase Act 1965 must be applied to the construction of section 101(3) with any necessary modifications.
266.Subsection (7) provides that Part 1 of the Land Compensation Act 1973 (c. 26) (compensation for depreciation of land value by physical factors caused by use of public works) applies in relation to authorised works as if:
	references in that Part to any public works were to authorised works;
	references in that Part to the responsible authority were to the person for whose benefit the infrastructure order has effect for the time being;
	sections 1(6) and 17 were omitted.
267.An infrastructure consent order cannot include provision the effect of which is to remove or modify the application of section 101.