Paragraph 3
Where an enforcement authority serves a suspension notice in respect of any construction products, the 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 service of the notice if—
(a)
no offence under regulation 4, 5 or 6 has been committed in relation to the products;
C1(b)
none of the grounds for service of a suspension notice in Schedule 1 has been made out in relation to the products; and
(c)
the exercise of the power is not attributable to any neglect or default by that person.
Annotations
Modifications
- C1
Sch. 2 para. 3(b) modified (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1359), reg. 1, Sch. 3 para. 30(2)