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Paragraph 10

(1)

Where a duly authorised officer of an enforcement authority exercises any powers under paragraph 8 to seize and detain any regulated household air conditioners or records, the enforcement authority shall be liable to pay compensation to any person having an interest in the regulated household air conditioner 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 household air conditioners 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 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.