The Construction Products (Amendment etc.) (EU Exit) Regulations 2020

Compensation for seizure and detentionU.K.

This section has no associated Explanatory Memorandum

23.—(1) Where an officer of an enforcement authority exercises any power under paragraph 19 to seize and detain construction products, the enforcement authority shall be liable to pay compensation to any person having an interest in the products in respect of any loss or damage caused by reason of the exercise of the power if—

(a)no offence under paragraphs 3, 4 or 5 has been committed in relation to the product;

(b)no suspension notice, prohibition notice, or notice to warn has had effect in relation to the product; and

(c)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.

Commencement Information

I1Sch. 3 para. 23 in force at 31.12.2020 immediately before the 2019 Regulations come into force, see reg. 1