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The Agricultural or Forestry Tractors (Emission of Gaseous and Particulate Pollutants) Regulations 2002
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Compensation for seizure and detention
11.—(1) Where a duly authorised officer of an enforcement authority exercises any power under paragraph 8 seize and detain a relevant engine, or agricultural and forestry tractor, or records, the enforcement authority shall be liable to pay compensation to any person having an interest in a relevant engine, agricultural or forestry tractor or records in respect of any loss or damage caused by reason of the exercise of the power if—
(a)there has been no contravention of any provision of these Regulations; and
(b)the exercise of the power is not attributable to any neglect or default by that person.
(2) Any disputed question as to the right to or the amount of any compensation payable under this paragraph, shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.
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