PART 5Market surveillance and enforcement
Compensation74.
(1)
Where an enforcing authority other than the HSE, [the HSENI or the Office for Nuclear Regulation] serves a relevant notice in respect of a vessel, that authority is liable to pay compensation to a person having an interest in the vessel 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 vessel in respect of which the relevant notice was served neither—
(i)
presents a risk to the health and safety of persons, to domestic animals or to property; nor
(ii)
contravenes any requirement of these Regulations; and
(b)
the relevant notice was not served because of neglect or default by a relevant economic operator.
(3)
In this regulation, “relevant notice” means a suspension, withdrawal or recall notice as referred to in regulation 72(5)(b).