26Purchase of damaged improvements and effecting of remedial works by the Chief Executive

26 Purchase of damaged improvements and effecting of remedial works by the Chief Executive

26 Purchase of damaged improvements and effecting of remedial works by the Chief Executive

(1) The Chief Executive may, instead of making a payment of compensation in respect of a claim under section 7 (1) or (2) (b)—

(a) after consulting a qualified valuer, agree with the owner of the land or improvements to which the claim relates to purchase the following without regard to any subsidence damage or damage caused by works to prevent or mitigate subsidence damage—

(i) the land,

(ii) the improvements,

(iii) any estate or interest in the land or the improvements concerned, or

(b) carry out such works as may be necessary to restore the damaged improvements or goods to a condition as nearly as practicable to the condition in which the improvements or goods were before the damage to the improvements or goods arose.

(2) If no agreement has been entered into under subsection (1) (a) within such time as the Chief Executive considers reasonable after the claim is made under section 7 (1) or (2) (b), the Chief Executive may acquire the land (or the land and improvements or the estate or interest) by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 without regard to any subsidence damage or damage caused by works to prevent or mitigate subsidence damage.

(3) For the purposes of the Public Works and Procurement Act 1912, any such acquisition is taken to be for an authorised work and the Chief Executive is taken to be the Constructing Authority.

(4) Sections 34, 35, 36 and 37 of the Public Works and Procurement Act 1912 do not apply in respect of works constructed under this section.

(5) The Chief Executive may sell, lease or otherwise dispose of any property acquired by the Chief Executive under subsection (1) or (2).

(5A) The Chief Executive may demolish or remove improvements or goods—

(a) purchased or acquired by the Chief Executive under subsection (1) or (2), or