Page:Terrorism Act 2000 (UKPGA 2000-11 qp).pdf/143

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138c. 11
Terrorism Act 2000

Sch. 11

Disqualification

5. In Part III of Schedule 1 to the 1975 c. 25.Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) the following entry shall be inserted at the appropriate place—

“Independent Assessor of Military Complaints Procedures in Northern Ireland.”


Section 102.

SCHEDULE 12
Compensation

Right to compensation

1.—(1) This paragraph applies where under Part VII of this Act—

(a) real or personal property is taken, occupied, destroyed or damaged, or
(b) any other act is done which interferes with private rights of property.

(2) Where this paragraph applies in respect of an act taken in relation to any property or rights the Secretary of State shall pay compensation to any person who—

(a) has an estate or interest in the property or is entitled to the rights, and
(b) suffers loss or damage as a result of the act.

2. No compensation shall be payable unless an application is made to the Secretary of State in such manner as he may specify.

Time limit

3.—(1) Subject to sub-paragraphs (2) and (3), an application for compensation in respect of an act must be made within the period of 28 days beginning with the date of the act.

(2) The Secretary of State may, in response to a request made to him in writing, permit an application to be made—

(a) after the expiry of the period mentioned in sub-paragraph (1), and
(b) within such longer period, starting from the date of the act and not exceeding six months, as he may specify.

(3) Where the Secretary of State refuses a request under sub-paragraph (2)—

(a) he shall serve a notice of refusal on the person who made the request,
(b) that person may, within the period of six weeks beginning with the date of service of the notice, appeal to the county court against the refusal, and
(c) the county court may exercise the power of the Secretary of State under sub-paragraph (2).

Determination

4. Where the Secretary of State determines an application for compensation he shall serve on the applicant a notice—

(a) stating that he has decided to award compensation and specifying the amount of the award, or
(b) stating that he has decided to refuse the application.