OpenLegislation

Paragraph 16 CompensationI1I2

Scotland

(1)

This paragraph applies where an officer of a local weights and measures authority has seized and retained an item under this schedule for a purpose within paragraph 1(2)(a).

(2)

The local weights and measures authority must pay compensation to any person with an interest in the item in respect of any loss or damage caused by the seizure and retention if—

(a)

the item has not disclosed an offence under section 2 or 3, and

(b)

the power to seize and retain the item was not exercised as a result of any neglect or default of the person seeking the compensation.

(3)

Any dispute about the right to or amount of any compensation payable under this paragraph is to be determined by a single arbitrator appointed by the parties or, if there is no agreement between the parties as to that appointment, by the sheriff.

Annotations

Commencement

I1

Sch. para. 16 not in force at Royal Assent, see s. 35(2)

I2

Sch. para. 16 in force at 1.7.2026 by S.S.I. 2026/127, reg. 2, sch.