Regulation 22 Compensation for seizure and detention

(1)

Where an officer of an enforcement authority exercises any power under regulation 17 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)

there has been no contravention in relation to the products of any provision of regulation 5, 6, 7 or 8; 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 regulation shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.

(3)

In England and Wales section 31 of the Arbitration Act 1950^f1 and, in Northern Ireland, section 28 of the Arbitration Act (Northern Ireland) 1937^f2, shall have effect for the purposes of an arbitration under paragraph (2) as if it were an arbitration under any other Act within the meaning of those sections.

Annotations

Footnotes

f1: 1950 c. 27.
f2: 1937 c. 8 (N.I.).