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Public Health (Wales) Act 2017
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This version of this provision is prospective.
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Public Health (Wales) Act 2017, Section 48 is up to date with all changes known to be in force on or before 21 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.
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- specified provision(s) amendment to earlier commencing S.I. 2017/949, art. 3 by S.I. 2017/967 art. 2
Prospective
48Appropriated property: compensationE+W
This section has no associated Explanatory Notes
(1)A person (“P”) with an interest in anything which an authorised officer of a local authority has taken possession of under section 44(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 38(1), (2) or (4) 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 local authority to pay compensation to P.
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