SCHEDULE 20 Supplemental Provisions with respect to Powers of Entry
Compensation
6
(1)
Where any person exercises any power to which this Schedule applies, it shall be the duty of the relevant authority to make full compensation to any person who has sustained loss or damage by reason of—
(a)
the exercise by the designated person of that power or of any power to take any person or equipment with him when entering the premises or vessel in relation to which the power is exercised; or
(b)
the performance of, or failure of the designated person to perform, the duty imposed by paragraph 5 above.
(2)
Compensation shall not be payable by virtue of sub-paragraph (1) above in respect of any loss or damage if the loss or damage—
(a)
is attributable to the default of the person who sustained it; or
(b)
is loss or damage in respect of which compensation is payable by virtue of any other provision of this Act.
(3)
Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the relevant authority and the person who claims to have sustained the loss or damage or, in default of agreement—
(a)
by the F1Upper Tribunal where the relevant authority is one of the Ministers; and
(b)
by one of the Ministers, where the F2Agency is the relevant authority.