Trade Descriptions Act 1968

33 Compensation for loss, etc. of goods seized under s. 28.U.K.

(1)Where, in the exercise of his powers under section 28 of this Act, an officer of a local weights and measures authority or of a Government department seizes and detains any goods and their owner suffers loss by reason thereof or by reason that the goods, during the detention, are lost or damaged or deteriorate, then, unless the owner is convicted of an offence under this Act committed in relation to the goods, the authority or department shall be liable to compensate him for the loss so suffered.

(2)Any disputed question as to the right to or the amount of any compensation payable under this section shall be determined by arbitration and, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.

Modifications etc. (not altering text)

C1S. 33 extended (1.1.1975) by Hallmarking Act 1973 (c. 43), s. 9(3)

S. 33 extended by Control of Pollution Act 1974 (c. 40, SIF 46:4), s. 75(6)(8)

S. 33 extended by S.I. 1986/26, reg. 11(3)

S. 33 extended by S.I. 1988/1586, reg. 4(3)

S. 33 extended by 1988 c. 48, s. 107A(2) (as inserted (6.4.2007) by 1994 c. 33, ss. 165(2), 172(2)); S.I. 2007/621, art. 2

S. 33 extended by 1988 c. 48, s. 198A(2) (as inserted (6.4.2007) by 1994 c. 33, ss. 165(3), 172(2)); S.I. 2007/621, art. 2

C2S. 33 applied (with modifications) (N.I.) (1.1.1975) by Hallmarking Act 1973 (c. 43), s. 9(7)

S. 33 applied (with modifications) by Trade Marks Act 1938 (c. 22, SIF 67A), s. 58D(2) (as inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 300)

S. 33 applied (with modifications) (27.8.1993) by 1993 c. 11, ss. 30(5)(6)(7), 32, 68(2)

S. 33 applied (with modifications) (31.10.1994) by 1994 c. 26, s. 93(2)(3)(5); S.I. 1994/2250, art. 2

S. 33 applied (3.2.1995) by 1984 c. 39, s. 16A(4A) (as inserted (3.2.1995) by 1994 c. 33, ss. 91(2)(c); S.I. 1995/127, art. 2(1), Sch. 1)

S. 33 applied (with modifications) (23.3.1996) by S.I. 1995/2489, reg. 10(1)

S. 33 applied by Olympic Symbol etc. (Protection) Act 1995 (c. 32), s. 8A(2)-(4) (as added (2.4.2007) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 32, 40(2), Sch. 3 para. 12(1) (with s. 40(5))); S.I. 2007/1064, art. 2