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The Motor Vehicles (Refilling of Air Conditioning Systems by Service Providers) Regulations 2009
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- UK Statutory Instruments
- 2009 No. 2194
- Regulation 10
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Compensation for seizure and detention
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10.—(1) Where an officer exercises any power under regulation 8 (powers of search etc.) to seize and detain any equipment used to service an air conditioning system or to fill it with refrigerant, or any records, the enforcement authority shall be liable to pay compensation to any person having an interest in the item seized or detained 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; 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 regulation shall be determined—
(a)in England and Wales or Northern Ireland, by arbitration; or
(b)in Scotland, by a single arbiter appointed by the parties, or in the event that the parties fail to agree, by the sheriff.
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