Paragraph 10 Compensation for loss etc of regulated dishwashers or records seized

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

Sch. 5 para. 2A inserted by Energy Information 2009 reg. 6(4)
Sch. 5 para. 3(2) words omitted by Energy Information and Energy Efficiency 2001 reg. 8(3)(a)
Sch. 5 para. 3(3)-(5) omitted by Energy Information and Energy Efficiency 2001 reg. 8(3)(b)
Sch. 5 para. 16 omitted by Energy Information and Energy Efficiency 2001 reg. 8(3)(c)
Sch. 5 para. 12(3)(b) revoked by Enterprise Act 2002 (Consequential and Supplemental Provisions) 2003 Sch. para. 34(2)

(1)

Where a duly authorised officer of an enforcement authority exercises any power under paragraph 8 (power to enter premises and seize and detain regulated dishwashers etc) to seize and detain any regulated dishwashers or records, the enforcement authority shall be liable to pay compensation to any person having an interest in the regulated dishwashers or records in respect of any loss or damage caused by the exercise of the power if–

(a)

there has been no contravention of any provision of these Regulations in relation to the regulated dishwashers or records; 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 paragraph shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.