Compensation for seizure and detention etcU.K.
17.—(1) Where an enforcement authority takes, or requires a responsible person or distributor to take, certain measures in accordance with Articles 25 (Non-compliance by the responsible person), 26 (Non-compliance by distributors) or 27 (Safeguard clause) of the EU Cosmetics Regulation, or RAMS, the authority shall be liable to pay compensation to any person having an interest in the goods in respect of any loss or damage caused by reason of the taking of those measures if—
(a)no contravention of the EU Cosmetics Regulation has occurred or is likely to occur; and
(b)the exercise of the power is not attributable to any neglect or default by that person.
(2) Where an officer of an enforcement authority exercises any power under paragraph 4 of Schedule 2 to seize and detain goods the enforcement authority shall be liable to pay compensation to any person having an interest in the goods in respect of any loss or damage caused by reason of the taking of those measures if—
(a)no contravention of the EU Cosmetics Regulation has occurred or is likely to occur; and
(b)the exercise of the power is not attributable to any neglect or default by that person.
(3) Any disputed question as to the right to or the amount of any compensation payable under this section shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.