(1)  The amount of compensation payable under section 165J(5)(b) or section 165M(4)(b) is to be determined –

(a) if the amount is a small claim for the purposes of the Magistrates Court (Small Claims Division) Act 1989 , by the small claims division of the Magistrates Court; or

(b) in any other case, as if it were a disputed claim for compensation under the Land Acquisition Act 1993 .

(2)  In determining the amount of compensation payable under section 165J(5)(b) or section 165M(4)(b) , the court must have regard to any benefits accruing to a relevant person from the action which is the subject of the determination and reduce the amount of the compensation payable accordingly.