Paragraph 6 I1

(1)

SNH or, as the case may be, the Scottish Ministers must compensate any person who has sustained damage by reason of—

(a)

the exercise by a person authorised by SNH or, as the case may be, the Scottish Ministers of any powers conferred on the person by section 44, or

(b)

the failure of a person so authorised to perform the duty imposed by paragraph 5,

unless the damage is attributable to the fault of the person who sustained it.

(2)

Any dispute as to a person’s entitlement to compensation under this paragraph, or as to the amount of such compensation, is to be determined by arbitration.

Annotations

Commencement

I1: Sch. 4 para. 6 in force at 29.11.2004 by S.S.I. 2004/495, art. 2