C4C6 Part IV Enforcement of Parts II and III
Pt. IV applied in part (with modifications) (20.5.2016) by The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 53(3)
C1C2C3C5C11C8C7C9C10C12C13C14C15C1634 Compensation for seizure and detention.
1
Where an officer of an enforcement authority exercises any power under section F229(4) 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 F1. . . ; 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.
Pt. IV (ss. 27-35) applied (1.1.1993) by S.I. 1992/3139, reg. 3(2)(c) (which said S.I. 1992/3139 was revoked (15.5.2002) by S.I. 2002/1144, reg. 1(2), Sch. 11 para. 1)