SCHEDULE 6OFFENCES, ENFORCEMENT AND OTHER MATTERS

PART 2Provisions as to Enforcement

Compensation for loss etc of appliances or records seized10

1

Where a duly authorised officer of an enforcement authority exercises any power under paragraph 8 (power to enter premises and inspect, seize and detain appliances etc) to seize and detain any regulated appliance or records, the enforcement authority shall be liable to pay compensation to any person having an interest in the appliance or records in respect of any loss or damage caused by the exercise of the power if—

a

there has been no contravention of any provision of these Regulations in relation to the regulated appliance or records; 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.