13Application of special compensation in certain cases

13 Application of special compensation in certain cases

(1)  Where the Treasurer is satisfied, on a recommendation made to him by the committee, that, in relation to any special compensation to which an owner has or may become entitled in respect of the acquisition of land under section 8 –

(a) a dwelling-house that was erected on the land was used as a dwelling by the owner or his spouse;

(b) it is just and reasonable that the special compensation should be applied in the provision of accommodation for a person referred to in paragraph (a) (in this section referred to as "the selected person"); and

(c) it is reasonable to expect that, if the special compensation is paid to the person who would otherwise be entitled to receive payment thereof, it will not or may not be applied in the provision of accommodation that will be reasonably available for the use of the selected person as a dwelling –

the Treasurer may make a direction under this section requiring the special compensation to be applied in the provision of accommodation for the selected person, and such a direction is referred to in this section as a direction in respect of the special compensation made in favour of that person.

(2)  A direction made under this section may be revoked by the Treasurer on the recommendation of the committee, but the revocation of such a direction does not prejudice or affect anything done thereunder or prevent the making of a further direction under this section.

(3)  Before making a recommendation to the Treasurer under this section with respect to special compensation the committee shall serve notice on the owner, and if the recommendation is for the revocation of a direction under this section, on the selected person in whose favour the direction was made, specifying the recommendation that it is intended to make and shall consider any representations that may be made to the committee by a person upon whom such a notice is served within one month of the service thereof.

(4)  A direction may be made under this section in respect of special compensation, notwithstanding that the entitlement to that special compensation has not been admitted or established or that the amount of that special compensation has not been determined.

(5)  A direction under this section may specify the special compensation to which it relates by reference to the owner who apart from this section has or may become entitled to that special compensation or to the estate or interest in respect of which the entitlement to that special compensation has arisen or may arise.