Paragraph 13 F1F2
United Kingdom
Compensation for seizure and detention
Where an officer of F3OFCOM exercises any power under paragraph 8 above to seize and detain apparatus, OFCOM shall be liable to pay compensation to any person having an interest in the apparatus in respect of any loss or damage caused by reason of the exercise of the power if—
there has been no contravention in relation to the apparatus of any regulation; and
the exercise of the power is not attributable to any neglect or default by that person.
Any disputed question as to the right to 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.
Annotations
Textual amendments
- F1
Regulations revoked (with savings) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), regs. 1, 78(1) (with regs. 3-5, 77, 78(2)); and Regulations (as saved) modified (E.W.S.) (31.12.2020) by S.I. 2017/1206, reg. 78(2)(2A) (as amended by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 29 para. 45(3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1))
- F2
Sch. 9 substituted (29.12.2003) by The Radio Equipment and Telecommunications Terminal Equipment (Amendment No. 2) Regulations 2003 (S.I. 2003/3144), regs. 1, 2(10)
- F3
Words in Sch. 9 para. 13(1) substituted (1.10.2015) by The Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. 2015/1630), art. 1, Sch. 2 para. 34(5)