Section 34 Compensation for seizure and detention.C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14

United Kingdom

(1)

Where an officer of an enforcement authority exercises any power under section F129(4) above to seize and detain goods, the enforcement authority shall be liable to pay compensation to any person having an interest in the goods 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 goods of any safety provision F2. . . ; 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 section shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.

Annotations

Textual amendments

F1: Word in s. 34(1) substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 45; S.I. 2015/1630, art. 3(i) (with art. 8)
F2: Words in s. 34(1)(a) repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 30(3), Sch. 4 Pt. 1 (with reg. 28(2)(3), Sch. 3 para. 6)

Modifications

C1

S. 34 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 3(c). S. 34 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 2(b) (with Sch. 15 para. 7) Ss. 28-35 applied (with modifications) (31.5.1998) by S.I. 1998/1165, reg. 13(2)(a) (which said S.I. was revoked (25.8.2003) by S.I. 2003/1941, reg. 1(2)) Ss. 28-35 applied (with modifications) (26.4.1999) by S.I. 1999/1053, reg. 16(3)(a) Ss. 28-35 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24, Sch. 8 para. 2(c)

Ss. 28-35 applied (with modifications) (8.4.2000) by S.I. 2000/730, reg. 18(1), Sch. 9 para. 1(2)

Ss. 28-35 applied (with modifications) (15.5.2002) by S.I. 2002/1144, regs. 2(2), 16(1)-(3), Sch. 10 paras. 1, 3

Ss. 28-35 applied (with modifications) (25.8.2003) by S.I. 2003/1941, reg 8, Sch. 4 para. 2(a)

C2

S. 34 applied (E.W.S) (28.11.2003 for certain purposes, 15.7.2004 for certain further purposes and otherwise prosp.) by Fireworks Act 2003 (c. 22), ss. 12(2)(e), 18 (with s. 2(8)); S.I. 2003/3084, art. 2, Sch.; S.I. 2004/1831, art. 2, Sch.

C3