SCHEDULES
F1SCHEDULE 3ASafety Directions
Unreasonable loss and damage
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1
This paragraph applies where action taken in accordance with a direction under this Schedule or by virtue of paragraph 4 (“remedial action”)—
a
was not reasonably necessary for the purpose for which the direction was given, or
b
caused loss or damage which could not be justified by reference to that purpose.
2
The Secretary of State shall pay compensation to any person who—
a
suffered loss or damage as a result of the remedial action (whether it was taken by him or someone else), and
b
applies to the Secretary of State for compensation.
3
In considering what is reasonably necessary or justifiable for the purpose of sub-paragraph (1) account shall be taken of—
a
the extent of the risk to safety or threat of pollution which the direction was intended to address,
b
the likelihood of the remedial action being effective, and
c
the extent of the loss or damage caused by the remedial action.
Sch. 3A inserted (10.9.2003) by Marine Safety Act 2003 (c. 16), s. 4, Sch. 1