Part IV Enforcement of Parts II and III

34 Compensation for seizure and detention.

(1)

Where an officer of an enforcement authority exercises any power under section 29 above to seize and detain goods, the enforcement authority shall be liable to pay compensation to any person having an interest in the goods in respect of any loss or damage caused by reason of the exercise of the power if—

(a)

there has been no contravention in relation to the goods of any safety provision or of any provision made by or under Part III of this Act; and

(b)

the exercise of the power is not attributable to any neglect or default by that person.

(2)

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