Paragraph 21 CompensationF1

England and Wales

(1)

The appropriate authority must compensate a person for loss suffered as the result of the service of the stop notice or the refusal of a completion certificate if that person has suffered loss as a result of the notice or refusal and—

(a)

the stop notice is subsequently withdrawn or amended by the appropriate authority because the decision to serve it was unreasonable or any step specified in the notice was unreasonable,

(b)

the appropriate authority is in breach of its statutory obligations,

(c)

the person successfully appeals against the stop notice and the First-tier Tribunal finds that the service of the notice was unreasonable, or

(d)

the person successfully appeals against the refusal of a completion certificate and the First-tier Tribunal finds that the refusal was unreasonable.

(2)

A person may appeal against a decision not to award compensation or the amount of compensation on the grounds that—

(a)

the appropriate authority’s decision was unreasonable,

(b)

the amount offered was based on incorrect facts, or

(c)

the decision was wrong for any other reason.

Annotations

Textual amendments

F1: Sch. 4A inserted (15.12.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1303), reg. 1, Sch.