Damage To Property (Compensation) Act, 1923

PART II.

Injuries Committed after the 11th day of July, 1921.

Applications already disposed of may be re-opened and re-heard.

2.—(1) Every application under the Criminal Injuries Acts for compensation for an injury to which this Part of this Act applies on which a decree has been made before the passing of this Act shall be re-opened and re-heard on the application at any time within three months after the passing of this Act of the applicant or of the Minister for Finance.

(2) Every applicant who intends to apply under this section to have any such application as aforesaid re-opened and re-heard shall serve a notice of his intention so to do in the form and on the persons prescribed by the Minister for Home Affairs.

(3) In every case in which the Minister for Finance intends to apply under this section to have any such application as aforesaid re-opened and re-heard he shall cause notice of his intention so to do to be served on the person who was the applicant in such application, and may in such notice state the grounds on which the application for a re-hearing is made and whether the fact that the applicant suffered an injury in respect of which he would be entitled to compensation on the re-hearing is or is not disputed, and if such fact is not disputed, the notice aforesaid may also contain an offer of such compensation (either subject to or free from a re-instatement condition) as the Minister shall deem proper, and in case such offer or any amended offer is accepted within fourteen days after service of the notice aforesaid or such further time as the Minister of Finance may allow, a decree shall, subject to the provisions of sub-sections (5) and (6) of this section and to the provisions of this Act relating to re-instatement conditions, be made for the amount of the compensation mentioned in the offer or amended offer so accepted.

(4) Parts II . and III . of this Act shall apply to every re-hearing under this section as fully as they would have applied thereto if such re-hearing had been an original hearing commenced after the passing of this Act.

(5) Whenever a decree has been made for compensation under the Criminal Injuries Acts, in respect of an injury to which this part of this Act applies, and

(a) the compensation awarded by such decree was assigned, mortgaged or charged before the 1st day of January, 1923, and

(b) Notice of such assignment, mortgage, or charge was duly given before the 6th day of February, 1923, to the County or County Borough Council liable under such decree to pay the compensation thereby awarded, and

(c) an application is made under this section to have the application for such decree re-opened and re-heard; and

(d) compensation is awarded on such re-hearing,

then and in every such case, every such assignment, mortgage, or charge shall, subject and without prejudice to any re-instatement condition attached to the compensation awarded on such rehearing, affect such last mentioned compensation in the same manner and as fully as such assignment, mortgage, or charge affected on the 6th day of February, 1923, the compensation awarded by such decree: Provided always that whenever in any such case a re-instatement condition is attached to the compensation, or to any part of the compensation awarded on such re-hearing the Judge, if he considers it just and equitable so to do, may on such re-hearing extend or transfer any such assignment, mortgage, or charge to the building to be erected pursuant to such re-instatement condition, so that such assignment, mortgage, or charge shall affect such building either in conjunction with or in exoneration of the compensation awarded by such decree, and in such manner and to such extent as the Judge shall direct, and any such extension or transfer of an assignment may take the form of giving to the assignee a charge on the building aforesaid for the amount of the consideration actually paid on such assignment.

(6) Whenever a decree has been made for compensation under the Criminal Injuries Acts in respect of an injury to which this part of this Act applies, and

(a) such decree was made by a Judge of the High Court, and

(b) The Council of the County or County Borough in whose functional area the injury occurred appeared by Counsel or Solicitor at the hearing before such Judge of the High Court and bona fide opposed the awarding of any compensation or the awarding of the amount of compensation claimed, and

(c) the compensation awarded by such decree was assigned, mortgaged, or charged before the 1st day of January, 1923, in consideration of or to secure a sum not more than the amount of such compensation, and

(d) Notice of such assignment, mortgage, or charge was duly given before the 6th day of February, 1923, to the County or County Borough Council liable under such decree to pay the compensation thereby awarded, and

(e) an application is made under this Section to have the application for such decree re-opened and re-heard;

then and in every such case the amount of compensation awarded on such re-hearing shall not be less than the consideration actually paid on such assignment or the amount actually paid on such mortgage or charge (as the case may be), but nothing in this sub-section shall prevent a re-instatement condition being attached to the whole or any part of the compensation awarded on such re-hearing, nor shall the provisions of this sub-section be taken into consideration by the Judge when deciding whether a re-instatement condition is or is not to be attached to the compensation to be awarded on such re-hearing: Provided always, that whenever in any such case a re-instatement condition is attached to the compensation or to any part of the compensation awarded on such re-hearing, the Judge, if he considers it just and equitable so to do, may on such re-hearing extend or transfer any such assignment, mortgage, or charge to the building to be erected, pursuant to such re-instatement condition so that such assignment, mortgage, or charge shall affect such building, either in conjunction with or in exoneration of the compensation awarded by such decree, and in such manner and to such extent as the Judge shall direct, and any such extension or transfer of an assignment may take the form of giving to the assignee a charge on the building aforesaid for the amount of the consideration actually paid on such assignment.

(7) In this section the word “decree” includes a decision refusing compensation as well as a decision awarding compensation.

(8) On any re-hearing under this section the Judge may, in addition to the costs of such re-hearing, award to the applicant the whole or such part as the Judge shall consider reasonable, of the costs incurred by the applicant of or incidental to the previous application, and the costs so awarded shall be paid at the same time and in the same manner as the costs of the rehearing.

(9) This section shall not apply to any decree made in respect of an injury to which this part of this Act applies, where such decree has been varied or affirmed upon an appeal, at the hearing of which the local authority or authorities concerned were represented and bona fide opposed the decree.