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The Environmental Liability (Scotland) Regulations 2009
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There are currently no known outstanding effects for the The Environmental Liability (Scotland) Regulations 2009, Paragraph 6.
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CompensationS
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6.—(1) Where any person exercises any power conferred by regulation 9(2)(a) or (b), it shall be the duty of the competent authority under whose authorisation that person acts to make full compensation to any person who has sustained loss or damage by reason of—
(a)the exercise by that person of that power; or
(b)the performance of, or failure of that person to perform, the duty imposed by paragraph 5.
(2) Compensation shall not be payable by virtue of sub-paragraph (1) in respect of any loss or damage if compensation is payable in respect of that loss or damage by virtue of any other enactment.
(3) A person exercising any power conferred by regulation 9(2)(a) or (b) shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of any relevant power if the court is satisfied that the person acted in good faith.
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