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Paragraph 41 I1I2I3C1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This paragraph applies where an officer of an enforcer has seized and detained goods under Part 4 of this Schedule for a purpose within paragraph 19(5)(a) or 20(5)(a).

(2)

The enforcer must pay compensation to any person with an interest in the goods in respect of any loss or damage caused by the seizure and detention, if the condition in sub-paragraph (3) or (4) that is relevant to the enforcer is met.

(3)

The condition that is relevant to a domestic enforcer is that—

(a)

the goods have not disclosed a breach of the enforcer's legislation, and

(b)

the power to seize and detain the goods was not exercised as a result of any neglect or default of the person seeking the compensation.

(4)

The condition that is relevant to F1an authorised enforcer for the purposes of Part 4 of this Schedule (see paragraph 20(7)) is that—

(a)

the goods have not disclosed a F2relevant infringement (as defined by paragraph 20(8)) or a failure to comply with a measure specified in paragraph 20(3)(b), (c) or (d), and

(b)

the power to seize and detain the goods was not exercised as a result of any neglect or default of the person seeking the compensation.

(5)

Any dispute about the right to or amount of any compensation payable under this paragraph is to be determined—

(a)

in England and Wales or Northern Ireland, by arbitration, or

(b)

in Scotland, by a single arbitrator appointed by the parties or, if there is no agreement between the parties as to that appointment, by the sheriff.

Annotations

Textual amendments

F1

Words in Sch. 5 para. 41(4) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(12)(a) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

F2

Words in Sch. 5 para. 41(4)(a) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(12)(b) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

Modifications

C1

Sch. 5 para. 41 applied by 2001 c. 16, Sch. 2 para. 9D (as inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 66(8); S.I. 2015/1630, art. 3(i))

Commencement

I1

Sch. 5 para. 41 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I2

Sch. 5 para. 41 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I3

Sch. 5 para. 41 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Notes on Schedule 5

Modifications

C1

Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))

C2

Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)

C3

Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)