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There are currently no known outstanding effects for the Birmingham Commonwealth Games Act 2020, Cross Heading: Compensation.
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15(1)A person whose property is damaged in the course of the exercise or purported exercise of a relevant power by an officer of a relevant authority is entitled to compensation from that authority if—U.K.
(a)the exercise of the power was unlawful, or
(b)any force used in the exercise of the power was unreasonable.
(2)In sub-paragraph (1) “relevant power” means—
(a)a power conferred by this Schedule, or
(b)a power conferred by Part 3 or 4 of Schedule 5 to the 2015 Act that is exercised (or purportedly exercised) for the purpose of enforcing a relevant offence.
(3)The amount of compensation payable is the sum of the following amounts—
(a)an amount equal to—
(i)the cost of repairing the property to its previous condition, or
(ii)if it is impossible or not commercially worthwhile to repair the property to that condition, the cost of replacing it, and
(b)the amount of any other loss that is a direct result of the damage to the property.
16(1)The Secretary of State may by regulations make provision supplementing the provisions of paragraph 15, including (among other things)—U.K.
(a)provision about how to make a claim for compensation under that paragraph;
(b)provision about the person to whom a claim must be made;
(c)provision about the period within which a claim must be made;
(d)provision requiring a person to provide specified information when making a claim;
(e)provision conferring discretion on any person to decide whether a person is entitled to compensation under that paragraph and, if so, the amount to be paid;
(f)provision requiring a person making a claim to be given specified information about the decision on the claim;
(g)provision about reviews or appeals.
(2)In sub-paragraph (1) “specified” means specified in the regulations.
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