Regulation 14 Compensation for seizure and detention
(1)
Where an officer exercises any power under regulation 11 to seize and detain any relevant tyres or records, the enforcement authority is liable to pay compensation to any person having an interest in the item seized and detained in respect of any loss or damage caused by the exercise of the power if—
(a)
there has been no breach of a relevant requirement; 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 must be determined by arbitration—
(a)
in England and Wales or Northern Ireland, in accordance with the Arbitration Act 1996f1; or
(b)
in Scotland, in accordance with the Arbitration (Scotland) Act 2010f2.
Annotations
Footnotes
- f1
- f2