Public Health (Wales) Act 2017

26Appropriated property: compensationE+W
This adran has no associated Nodiadau Esboniadol

(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.

Commencement Information

I1S. 26 in force at 1.3.2021 by S.I. 2021/202, art. 2