【法规名称】
【法规编号】 79240 什么是编号？
【正 文】
第4页 CAP 358AL WATER POLLUTION CONTROL (SEWERAGE) REGULATION
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[接上页] (d) details of any mortgage, including the principal still owing and name and address of the mortgagee; (e) if the claimant has let the land or any part of it, the name and address of each tenant and details of his lease or tenancy; (f) particulars of the claim showing- (i) the amount of the claim; (ii) under which item of Part I of Schedule 1 the claim is made; and (iii) how the amount claimed under each item is calculated.(2) The Secretary shall in writing acknowledge receipt and the date of receipt of every claim served on him under subsection (1). (Enacted 1994) Cap 358AL s 15 Amendment of claims If a claimant amends his claim before proceedings are commenced in the Lands Tribunal and the Secretary considers the amendment to be substantial, the Secretary may, within 28 days after the receipt of the amended claim, notify the claimant that he elects to treat the claim, for the purposes of this Part, as if it were a new claim served under section 14(1) on the date on which the amendment was received by the Secretary, and this Part shall apply accordingly. (Enacted 1994) Cap 358AL s 16 Secretary may request particulars (1) The Secretary may by notice in writing to the claimant request him to give further particulars of and in support of his claim or in respect of any aspect of his claim. (2) If any particulars that are requested under subsection (1) are not given to the Secretary within a period of 28 days after the date of the notice, or within a further period that the Secretary may in writing allow, the claim or the particular aspect about which the particulars are requested shall be deemed to be rejected and section 17(1) shall not apply to such claim. (Enacted 1994) Cap 358AL s 17 Admission or rejection of claim by Secretary (1) The Secretary shall within 6 months after the service of a claim on him or, if he has requested further particulars under section 16, within 6 months after the day on which they are given in accordance with that section, notify the claimant in writing that he- (a) admits the entire claim; (b) rejects the entire claim; or (c) admits a specified part or parts and rejects the remainder,and in the case at paragraph (b) or (c) shall briefly state his reasons for rejection so that the claimant is adequately informed of those reasons; and the Secretary may at any time state further reasons for rejection of the claim. (2) Where the Secretary has rejected a claim or any part of a claim under subsection (1) or where a claim or any part of a claim is deemed to have been rejected under section 16 the Secretary may- (a) by notice in writing offer to the claimant such amount, including costs as agreed or taxed, as the Crown is willing to pay in full and final settlement of the claim or any part of the claim; (b) commence proceedings in the Lands Tribunal, to have the claim or any part of the claim in respect of which no offer is made heard and determined by it in accordance with this Regulation; or (c) commence such proceedings in the Lands Tribunal where an offer under paragraph (a) is not accepted by the claimant within 28 days after the date of the offer. (Enacted 1994) Cap 358AL s 18 Reference to the Lands Tribunal (1) If, after the expiry of 7 months after the receipt of a claim by the Secretary, it has not been settled by agreement, either the claimant or the Secretary may commence proceedings in the Lands Tribunal to have the claim, or any part of it that is still then in dispute, heard and determined by it under this Regulation. (2) In any case where the claimant has failed to supply further particulars requested by the Secretary in accordance with section 16, the Lands Tribunal may on the hearing of the claim consider the merits of the Secretary's request for further particulars and the claimant's failure to supply them and may, if it thinks fit- (a) order the claimant to supply some or all of the particulars; (b) adjourn the hearing until the order is complied with and the particulars are considered by the Secretary; and (c) make any further order it considers appropriate as to the costs of either party caused by the Secretary's request for and the claimant's failure to supply the further particulars. (Enacted 1994) Cap 358AL s 19 Settlement after reference to Lands Tribunal (1) At any time after proceedings have been commenced in the Lands Tribunal but before compensation is finally assessed- (a) the Secretary may make an offer in writing of the kind described in section 17(2)(a); or (b) the claimant may by notice to the Secretary state an amount (inclusive or exclusive of costs) which he is willing to accept in full and final settlement of his claim or any rejected part of his claim.(2) Where an offer made by the Secretary pursuant to section 17(2)(a) or by the Secretary or the claimant pursuant to subsection (1) is not accepted by the other party, no part of the contents of the offer which relates to any part of a claim before the Lands Tribunal shall be disclosed to the Tribunal until the amount of compensation for that part is assessed by it; but a copy of the offer enclosed in a sealed envelope may be lodged with the registrar of the Lands Tribunal and opened by it after it has made its assessment. |
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