Cluster Munitions (Prohibitions) Act (c.11) which received Royal Assent on 25 March 2010

Cluster Munitions (Prohibitions) Act 2010

2010 CHAPTER 11

Commentary on Sections

Section 17: Compensation for destruction

102. This section provides for compensation in limited circumstances where a prohibited munition has been destroyed under section 14 or 16.

103. Subsection (1) stipulates who may make a claim under this section. Under subsection (1)(d), a person can only be entitled to compensation if no notice was served on them, regardless of whether or not a notice was served on any other person. In addition, the claimant must have had an interest which was materially affected by the destruction of the munition and have suffered loss as a result of the destruction.

104. Subsection (2) states which court can adjudicate on claims. The relevant court is the High Court, or in Scotland, the Court of Session.

105. Under subsection (3) it is in the Court’s discretion as to what compensation should be paid to the claimant if the court finds that the claim is justified.

106. The effect of subsection (4) is that the Court is not to award compensation if it believes that the object would have been destroyed even if a notice had been served on the claimant providing the opportunity to make representations opposing destruction to the Secretary of State.