sec.613Use of certificates in assessing compensation

### sec.613 Use of certificates in assessing compensation If a public authority proposes to submit a certificate mentioned in section 612 (2) (c) in a proceeding for the making of a compensation order, the public authority must give a copy of the certificate to the defendant at least 28 days before the day fixed for the hearing of the proceeding. A certificate of the public authority can not be used in a proceeding for the making of a compensation order unless the public authority has complied with subsection (1) . A defendant who intends to challenge a matter stated in a certificate mentioned in section 612 (2) (c) in a proceeding for the making of a compensation order must— give the public authority notice of the intention to challenge the matter; and if the defendant is intending to challenge the accuracy of any measurement, analysis or reading in the certificate— state the reason why the defendant alleges that it is inaccurate; and state the measurement, analysis or reading that the defendant considers to be correct. The notice must be— signed by the defendant; and given at least 14 days before the day fixed for the hearing of the proceeding. A defendant can not challenge a matter stated in a certificate mentioned in section 612 (2) (c) in a proceeding for the making of a compensation order unless— the defendant has complied with subsections (3) and (4) ; or the court gives leave to the defendant to challenge the matter, in the interests of justice. sch s 613 om 2013 No. 4 s 12 (sec.613-ssec.1) If a public authority proposes to submit a certificate mentioned in section 612 (2) (c) in a proceeding for the making of a compensation order, the public authority must give a copy of the certificate to the defendant at least 28 days before the day fixed for the hearing of the proceeding. (sec.613-ssec.2) A certificate of the public authority can not be used in a proceeding for the making of a compensation order unless the public authority has complied with subsection (1) . (sec.613-ssec.3) A defendant who intends to challenge a matter stated in a certificate mentioned in section 612 (2) (c) in a proceeding for the making of a compensation order must— give the public authority notice of the intention to challenge the matter; and if the defendant is intending to challenge the accuracy of any measurement, analysis or reading in the certificate— state the reason why the defendant alleges that it is inaccurate; and state the measurement, analysis or reading that the defendant considers to be correct. (sec.613-ssec.4) The notice must be— signed by the defendant; and given at least 14 days before the day fixed for the hearing of the proceeding. (sec.613-ssec.5) A defendant can not challenge a matter stated in a certificate mentioned in section 612 (2) (c) in a proceeding for the making of a compensation order unless— the defendant has complied with subsections (3) and (4) ; or the court gives leave to the defendant to challenge the matter, in the interests of justice. - (a) give the public authority notice of the intention to challenge the matter; and - (b) if the defendant is intending to challenge the accuracy of any measurement, analysis or reading in the certificate— (i) state the reason why the defendant alleges that it is inaccurate; and (ii) state the measurement, analysis or reading that the defendant considers to be correct. - (i) state the reason why the defendant alleges that it is inaccurate; and - (ii) state the measurement, analysis or reading that the defendant considers to be correct. - (i) state the reason why the defendant alleges that it is inaccurate; and - (ii) state the measurement, analysis or reading that the defendant considers to be correct. - (a) signed by the defendant; and - (b) given at least 14 days before the day fixed for the hearing of the proceeding. - (a) the defendant has complied with subsections (3) and (4) ; or - (b) the court gives leave to the defendant to challenge the matter, in the interests of justice.