Commentary on Sections Part 3 – Dealing With Tip Instability and Threats to Tip Stability Schedule 3 – Modifications of sections 51 and 52 where a notice under section 35 is cancelled Section 53 – Authority's right to recover certain expenses
213.Section 53 applies where the Authority has carried out operations on land under section 44. In this case, the Authority may recover from the owner of that land the expenses set out in subsection (1). The “owner” is the person who was the owner when the Authority started to carry out the operations (see subsection (9)).
214.Under subsection (2), the Authority may recover from the owner of land any expenses reasonably incurred by the Authority in carrying out investigations under section 55 that resulted in them giving the owner a notice under section 35 (see subsection (9) for an explanation of when investigations are to be treated as having resulted in the giving of a notice under section 35). The Authority may also recover the amount of any compensation recovered or recoverable under section 50 from the Authority in relation to such investigations. The “owner” is the person given the notice under section 35 (see subsection (9)).
215.Subsection (3) provides that the Authority may recover expenses from a contributory where an order has been made under section 48 in relation to expenses the owner may otherwise have to bear under subsection (1) or (2).
216.Subsections (4) and (5) set out the procedural requirements the Authority must follow in order to recover sums under this section.
217.Subsection (6) provides that a demand given by the Authority under subsection (4) is final and conclusive unless an application to vary or cancel the demand is made under section 54.
218.Interest is payable in relation to any sum recoverable under this section in accordance with subsection (7) and subsection (8) provides that any sum recoverable may be paid in instalments if agreed by the Authority.