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Public Health (Wales) Act 2017

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Point in time view as at 29/09/2020. This version of this provision is not valid for this point in time. Help about Status

Changes to legislation:

Public Health (Wales) Act 2017, Section 26 is up to date with all changes known to be in force on or before 19 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Valid from 01/03/2021

26Appropriated property: compensationE+W
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(1)A person (“P”) with an interest in anything of which an authorised officer of an enforcement authority has taken possession under section 23(1)(c) (“appropriated property”) may apply by way of complaint to any magistrates' court for compensation.

(2)Subsection (3) applies if on an application under this section the court is satisfied that—

(a)P has suffered loss or damage in consequence of the authorised officer's taking possession of the appropriated property, or retaining it, in circumstances where doing so was not necessary for the purpose of ascertaining whether an offence under section 5, 6 or 17 had been committed, and

(b)the loss or damage is not attributable to the neglect or default of P.

(3)The court may order the enforcement authority to pay compensation to P.

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