Regulation 11 Compensation for damage caused by exercise of powers of entry, investigation and examination etc.I1
England and Wales
This Regulation applies to any power to enter under regulation 9, or to do anything under regulation 10.
Subject to paragraph (3), the regulator under whose authorisation the enforcement officer acts must compensate any person who has sustained loss or damage by reason of—
the exercise by the enforcement officer of that power, or
the performance of, or failure to perform, the duty imposed by regulation 9(6).
Compensation will not be payable in respect of any loss or damage which—
is attributable to the default of the person who sustained it, or
is loss or damage in respect of which compensation is payable by virtue of any other provision of a pollution control enactment (as defined under section 108(15) of the Environment Act 1995f1).
Any dispute as to a person’s entitlement to compensation under this regulation, or as to the amount of any compensation due, will be referred to the arbitration of a single arbitrator.
An enforcement officer will not be liable in any civil or criminal proceedings for anything done in the purported exercise of any relevant power if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
Annotations
Commencement
Footnotes
- f1