Gas Act 1976
Compensation.
33. — (1) Subject to subsection (3) of this section, the exercise of any power under section 26, 27, 31, 32 or 34 of this Act shall be subject to payment of compensation in respect of—
(a) any right over land or other estate or interest in land or in a right over land, acquired by virtue of an acquisition order,
(b) any diminution in the value of any right over land or other estate or interest of any person in any land, or in any right over land, by reason of the exercise of the power,
(c) any other loss incurred or damage done by reason of such exercise,
and subject to section 35 (5) of this Act, the compensation, together with any interest payable thereon by virtue of subsection (2) of this section, shall be paid by,
(d) in case the power is exercised under the said section 34, the Company, and
(e) in any other case, the Board.
(2) (a) Subject to paragraph (b) of this subsection, where compensation is payable to a person under this section in respect of the exercise of a power under section 26, 27, 31 or 34 of this Act, there shall be paid in accordance with subsection (1) of this section interest on the amount of the compensation payable to the person, at such rate as shall be determined from time to time for the purposes of this section by the Minister for Finance, from the date on which,
(i) in case the compensation is payable in respect of the exercise of a power under paragraph (a), (b) or (d) of section 27 (1), section 27 (3), paragraph (a) of section 27 (4), or section 31 of this Act, the power is exercised, or
(ii) in any other case, the claim for compensation is made,
until the payment of such compensation.
(b) If—
(i) the Board or the Company makes an unconditional offer in writing of any sum as compensation to a person to whom compensation is payable under this section, and
(ii) the offer is not accepted by the person, and
(iii) the sum awarded as compensation by the official arbitrator to such person does not exceed the sum so offered,
no interest shall be payable on such compensation.
(3) A claim under this section for payment of compensation shall, in default of agreement, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended by any subsequent enactment, in like manner in all respects as if such claim arose in relation to compulsory acquisition of land, and for this purpose the Board or the Company, as may be appropriate, shall be deemed to be a public authority within the meaning of the said Act, and the reference in section 69 (1) of the Local Government (Planning and Development) Act, 1963, to a planning authority shall be construed as including a reference to the Board or to the Company, as may be appropriate.
(4) A claim for compensation under this section shall be brought within—
(a) in case the person entitled to the compensation is a minor or a person of unsound mind, a period of six years from the date when such person ceases to be under such disability or dies, whichever event first occurs, but not more than thirty years after the exercise of the relevant power under this Act,
(b) in any other case, a period of six years from the date of the exercise of such power.
(5) Subject to paragraph (a) and (b) of subsection (4) of this section, compensation under this section may be paid to the personal representative of a person entitled thereto.
Annotations:
Modifications (not altering text):
C36
Functions transferred and references to “Department of Finance” and “Minister for Finance”in subs. (2)(a) construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of—
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 30 of 1976 |
Gas Act 1976 |
Sections 7C, 7E, 7G, 8, 11(1)(a) and (b), 15, 21, 27(4) and 33(2)(a); Second Schedule, paragraphs 5 and 11(f)(i) |
|
... |
... |
... |
C37
Application of section, other than subs. (1A), extended with modifications (10.07.2000) by Gas (Amendment) Act 2000 (26/2000), s. 20(1)-(3), commenced on enactment; as amended (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 23(6)(b)(i)-(iii), commenced on enactment.
Conferral of powers of compulsory acquisition, etc. under Principal Act on certain persons.
20.— (1) In this section, “relevant person” means—
[(a) save to the extent that this section has application to section 26 of the Principal Act, a person—
(i) in respect of whom the Minister has, prior to the appointed day (within the meaning of section 2 of the Gas (Interim) (Regulation) Act, 2002), imposed a requirement under section 40(2) of the Principal Act,
(ii) who, prior to the aforementioned day, has obtained the consent of the Minister under section 40(1) of the Principal Act,
(iii) who, from the aforementioned day, has obtained the consent of the Commission under section 39A(1) of the Principal Act, or
(iv) who, from the aforementioned day, has obtained the consent of the Minister for the Marine and Natural Resources under section 40(1) of the Principal Act,
in relation to the construction, or construction and operation of a pipeline, as the case may be,]
...
(2) The powers conferred by the provisions of the Principal Act referred to in subsection (3) shall, in addition to being exercisable by the Board, be exercisable by a relevant person and those provisions [, other than section 26(1A),] shall otherwise apply to such a person as they apply to the Board and, accordingly, on and from the passing of this Act, each reference in those provisions to the Board shall be construed as including a reference to a relevant person.
(3) The provisions of the Principal Act mentioned in subsection (2) are: sections 26, 27 and 31, section 32 (other than subsection (1) or subsection (1A) (inserted by this section)), section 33 and the Second Schedule.
Editorial Notes:
E82
Previous affecting provision: references to the "Board" construed as referring to the "ITO" (1.12.2011) by European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 38(2)(a)(iv), in effect as per regs. 1(2) and 12; revoked (19.01.2015) by European Communities (Internal Market in Natural Gas and Electricity) (Amendment) Regulations 2015 (S.I. No. 16 of 2015), reg. 29(1)(d). Note: notice in accordance with European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 (S.I. No. 630 of 2011), reg. 12 appears not to have been published.