Schedule 2 – Compensation for changing or revoking infrastructure consent orders Paragraph 3 – Apportionment of compensation for depreciation and determination of disputes
389.This paragraph makes provision about apportionment of compensation for depreciation and disputes about such apportionment.
390.Sub-paragraph (1) requires the Welsh Ministers to apportion the compensation for depreciation between different parts of the land to which the claim for compensation relates if they consider it practicable to do so and also requires them to give details of any such apportionment to the claimant and any persons they consider to be substantially affected by the apportionment.
391.Sub-paragraph (2) details how, in carrying out the apportionment, the Welsh Ministers must divide the land into parts and distribute compensation for depreciation between those parts according to how the Welsh Ministers consider those parts are affected by the order that caused compensation to be payable.
392.Sub-paragraph (3) details the persons who may refer a dispute about apportionment of compensation to the Upper Tribunal and sub-paragraph (4) details the persons who are entitled to be heard by the Upper Tribunal.
393.Sub-paragraphs (5), (6) and (7) make rules that apply on a reference of a dispute on apportionment to the Upper Tribunal.