Commentary on Sections Part 2 Assessment, Registrati on and Monitoring of Disused Tips Schedule 2 – Claims for compensation by owners and contributories
127.Schedule 2 makes provision in relation to claims by owners or contributories for compensation. “Contributories” are persons in relation to whom a contribution order has been made under section 48.
128.Paragraph 1(1) provides that the Schedule applies to an owner of land where the Authority has carried out operations under section 44 or investigations under section 55 that resulted in the carrying out of operations, the owner has claimed compensation under the Act and notwithstanding any contribution order that may have been made, the owner has expenses to bear in respect of those operations or investigations.
129.Paragraph 1(2) provides that the Schedule also applies to contributories if a contribution may be claimed from them in respect of expenses incurred by an owner of land in carrying out operations under section 35 or by the Authority in carrying out operations under section 44 or investigations under section 55 that resulted in the carrying out of operations, and the contributory has claimed compensation under the Act from an owner of land or the Authority.
130.Paragraph 2 makes provision that applies where an owner of land seeks to enforce a claim for compensation from the Authority under the Act and the Authority is entitled to demand a sum from the owner under section 53.
131.Paragraph 3 makes provision that applies where a contributory seeks to enforce a claim for compensation from the Authority or a landowner and the Authority or the landowner is entitled to demand a sum from the contributory (under section 51 or 53).
132.Paragraphs 2 and 3 prevent those claims for compensation from being enforced, other than by way of an offset against a demand, for a period of 12 months. The purpose of this restriction is to provide an opportunity for the relevant sums to be demanded (and potentially recovered) from the person before compensation has to be paid to the person.
133.Paragraph 4 provides that references to operations in Schedule 2 include works of reinstatement consequential on those operations.
134.Paragraph 5 makes provision relating to the time limit for bringing a claim for compensation referred to in paragraph 1. Section 9 of the Limitation Act 1980 requires the claim to be made within 6 years of the date on which the cause of action accrued, and paragraph 5 sets out when the cause of action is to be regarded as having accrued for that purpose.