INLAND NAVIGATION ACT (NORTHERN IRELAND) 1954 - SECT 4 Compensation for certain loss or damage.

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INLAND NAVIGATION ACT (NORTHERN IRELAND) 1954 - SECT 4

Compensation for certain loss or damage.

4.(1) Where any person suffers any loss or damage by reason

(a)of the abandonment referred to in section two of this Act, or of any works
carried out under that section; or

(b)of anything done or omitted under or by virtue of the foregoing provisions
of this Act which, if this Act had not been passed, would have given rise to a
right of action against the Lagan Navigation Company or, as the case may be,
the Upper Bann Navigation Trustees; or

(c)of any other thing done or omitted under or by virtue of section two of
this Act;

(2) In lieu of paying pecuniary compensation the Ministry may by agreement
construct or repair works or provide facilities to replace works or facilities
which have been impaired or removed by or in consequence of the abandonment
referred to in section two of this Act or the performance by the Ministry of
any of its functions under the foregoing provisions of this Act; and where
anything so done by way of replacement or repair affords or is likely to
afford advantages or facilities better than those existing before the
abandonment, the Ministry may enter into an agreement with any person whereby
that person shall bear a fair part of the cost incurred by the Ministry in
connection with such replacement or repair.

(3) Every claim for compensation under this section shall in default of
agreement be [referred to and determined by the Lands Tribunal for Northern
Ireland].

(4) The Ministry may for the purposes of this section make regulations
prescribing the time within which and the manner in which claims under this
section are to be made, the particulars to be furnished by claimants and any
other matters appearing to the Ministry to be necessary or expedient for the
expeditious disposal of claims.

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Northern Irish Legislation

INLAND NAVIGATION ACT (NORTHERN IRELAND) 1954 - SECT 4