s 47A Compensation for temporary occupation of premises
47A.—(1) Subject to sections 47B and 47C, every owner and occupier of premises of which temporary possession is taken under section 4, 21, 44 or 45 is entitled to claim compensation for the items of loss, damage or cost set out in the first column of the Schedule to the extent of the loss, damage or cost suffered or incurred by the owner or occupier, as the case may be.[12/2015] (2) A claim for compensation for an item of loss, damage or cost set out in the first column of the Schedule is to be assessed by the Board —(a) on the basis of the matters specified opposite in the second column of the Schedule; and (b) by not taking into consideration any of the matters specified in subsection (3).[12/2015] (3) No account is to be taken of the following in the assessment of any claim for compensation by any owner or occupier of premises of which temporary possession is taken under section 4, 21, 44 or 45:(a) the financial loss resulting from the interruption of or interference with any trade or business carried on any premises; (b) any increase or decrease in the value of the premises to which the compensation relates which is attributable to the purpose for which the premises are occupied and used; (c) any building, object or structure within those premises which was erected and maintained in contravention of any written law in force on the date of the notice under section 44(2) or 45(2) (as the case may be) relating to those premises; (d) any building or part of a building within those premises which has been constructed or modified or on which building works have been carried out so as to amount to a contravention of the Building Control Act 1989 within the meaning of that Act.[12/2015] (4) On receiving a claim for compensation from any owner or occupier of premises of which temporary possession is taken under section 4, 21, 44 or 45, the Board must inquire into that claim and must, as soon as is possible, pay to the owner or occupier (as the case may be) compensation for such loss, damage or cost arising from the exercise of the powers under that section as is determined in accordance with this section.[12/2015] (5) To avoid doubt, nothing in this section prevents the Board from restoring premises of which temporary possession is taken under section 4, 21, 44 or 45 to the reasonable satisfaction of the owner or occupier of the premises before returning those premises to the owner or occupier, in lieu of compensation for any item of loss, damage or cost set out in the first column of the Schedule.[12/2015]