OpenLegislation

Regulation 20 Compensation for seizure and detention

(1)

Where an officer of an enforcement authority exercises any power under regulation 16 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 regulations 4, 5 or 6 has been committed in relation 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 regulation shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.