Paragraph 6 Compensation for seizure and detention

(1)

Where a duly authorised officer of an enforcement authority exercises any power under paragraph 4 (Powers of search etc.) to seize and detain any sample or records, the enforcement authority shall be liable to pay compensation to any person having an interest in the sample or records 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 paragraph 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 event of the parties failing to agree, by the sheriff.