【法规名称】
【法规编号】 79767 什么是编号？
【正 文】
第10页 CAP 370 ROADS (WORKS, USE AND COMPENSATION) ORDINANCE
|
[接上页] (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). (3) 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 of the receipt of the amended claim, notify the claimant that he elects to treat the claim, for the purposes of this section, as if it were a new claim served under subsection (1) on the date on which the amendment was received by the Secretary, and this section shall apply accordingly. (4) The Secretary may by notice in writing to the claimant request him to furnish further particulars of and in support of his claim or any item thereof and if any such particulars are not furnished to the Secretary within a period of 28 days from the date of the notice, or within such further period as the Secretary may in writing allow, the claim or the item thereof concerning which the particulars are requested shall be deemed to be rejected and subsection (5) shall not apply thereto. (5) The Secretary shall within 6 months of the service of a claim on him or, if he has requested further particulars under subsection (4) within 6 months of the day on which they are furnished in accordance with that subsection, notify the claimant in writing that he- (a) admits the entire claim; or (b) rejects the entire claim; or (c) admits a specified part or parts and rejects the remainder,and in every case shall briefly state his reasons for rejection so that the claimant is adequately informed of those reasons: Provided that the Secretary may at any time state further reasons for rejection of claim. (6) Where the Secretary has rejected a claim or any part thereof under subsection (5) or where a claim or any part thereof is deemed to have been rejected under subsection (4) the Secretary may- (a) by notice in writing offer to the claimant such sum, including costs as agreed or taxed, as the Crown is willing to pay in full and final settlement of the claim or any part thereof; (b) commence proceedings in the Lands Tribunal, to have the claim or any part thereof in respect of which no offer is made heard and determined by it in accordance with this Ordinance; (c) commence such proceedings in the Lands Tribunal where any offer under paragraph (a) is not accepted by the claimant within 28 days of the date of the offer.(7) If, after the expiry of 7 months from 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 so much thereof as is still then in dispute heard and determined by it under this Ordinance. (8) In any case where the claimant has failed to supply further particulars required by the Secretary in accordance with subsection (4), 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; and (b) adjourn the hearing until the order is complied with and the particulars are considered by the Secretary; and (c) make such further order as it thinks fit as to the costs of either party occasioned by the Secretary's request for and the claimant's failure to supply the further particulars. Cap 370 s 30 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 the Secretary may make an offer in writing of the kind described in section 29(6)(a) or the claimant may by notice to the Secretary state a sum (inclusive or exclusive of costs) which he is willing to accept in full and final settlement of his claim or any rejected part thereof. (2) Where an offer made by the Secretary pursuant to section 29(6)(a) or by the Secretary or the claimant pursuant to subsection (1) is not accepted by the other party, no part of the contents thereof which relates to any part of a claim before the Lands Tribunal shall be disclosed to that 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. (Amended L.N. 446 of 1994) (3) Where the Secretary has made any offer under section 29(6)(a) or subsection (1), including costs as agreed or taxed, which is not accepted by the claimant and the compensation assessed by the Lands Tribunal does not exceed the amount of compensation comprised in the offer, the Lands Tribunal shall, unless for special reason it thinks it proper not to do so, order the claimant to bear his own costs and to pay the costs of the Secretary in so far as the costs are incurred after the making of the offer. |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！