SCHEDULES

F1SCHEDULE 3ASafety Directions

Annotations:
Amendments (Textual)
F1

Sch. 3A inserted (10.9.2003) by Marine Safety Act 2003 (c. 16), s. 4, Sch. 1

Unreasonable loss and damage

14

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.