PART 5Enforcement and market surveillance
Compensation71
1
Where an enforcing authority serves a relevant notice in respect of apparatus, the enforcing authority is liable to pay compensation to a person having an interest in the apparatus for any loss or damage suffered by reason of the notice if both of the conditions in paragraph (2) are met.
2
The conditions are that—
a
the apparatus in respect of which the relevant notice was served neither—
i
presents a risk; nor
ii
contravenes any requirement of these Regulations; and
b
the exercise of the power to serve the relevant notice was not attributable to neglect or default by a relevant economic operator.
3
In this regulation, “relevant notice” means a suspension, withdrawal or recall notice served in accordance with these Regulations.