Coal Acquisition (Re-acquisition Arrangements) Order 1997
20Preliminary payments not recoverable
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20 Preliminary payments not recoverable
20 Preliminary payments not recoverable
(1) A preliminary payment of compensation under this Order in respect of coal is not recoverable merely because it exceeds the amount of compensation determined under this Order in respect of the coal.
(2) A preliminary payment of compensation is however recoverable to the extent (if any) that it exceeds the amount of compensation determined under this Order in respect of the coal as a result of a reduction in that compensation under clause 8 (Gains to be offset against compensation). To the extent that a preliminary payment is so recoverable, it is recoverable in a court of competent jurisdiction as a debt due to the Board.
(3) This clause does not prevent the recovery of a preliminary payment on any other ground (for example, on the ground that the payment was made to the wrong person because of a mistake as to the person’s identity).