Regulation 74 Compensation
Where an enforcing authority other than the HSE, the HSENI or the Office for Nuclear Regulation serves a relevant notice in respect of a vessel, that authority is liable to pay compensation to a person having an interest in the vessel for any loss or damage suffered by reason of the notice if both of the conditions in paragraph (2) are met.
The conditions are that—
the vessel in respect of which the relevant notice was served neither—
presents a risk to the health and safety of persons, to domestic animals or to property; nor
contravenes any requirement of these Regulations; and
the relevant notice was not served because of neglect or default by a relevant economic operator.
In this regulation, “relevant notice” means a suspension, withdrawal or recall notice as referred to in regulation 72(5)(b).
Notes on the whole SI
Textual amendments
- F1
- F2
1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51).
- F3
Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008.