Paragraph 26 Compensation

(1)

This paragraph applies where an officer of an enforcer has seized and detained products under this Schedule for a purpose within paragraph 13(7)(a).

(2)

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

(3)

The condition that is relevant to an enforcer is that—

(a)

the products have not disclosed a breach of the enforcer’s legislation, and

(b)

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

(4)

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