Part 8Rectification of the register

Compensation in consequence of rectification

84Rectification: compensation for certain expenses and losses

1

The Keeper must pay compensation for—

a

reimbursement of reasonable extra-judicial legal expenses incurred by a person in securing rectification of the register, and

b

any loss sustained by the person in consequence of the inaccuracy rectified.

2

A claimant is not required to exhaust other remedies before making a claim to such compensation.

3

Payment by the Keeper under this section does not extinguish any rights which the claimant may have against another person in respect of the loss compensated.

4

But it is a condition of any such payment that the claimant assigns any such rights to the Keeper.

5

Interest on a sum payable under this section runs from the date mentioned in subsection (6) until the sum in question is paid.

6

The date is—

a

where the sum is payable by virtue of subsection (1)(a), the date on which the claimant paid the sum in question,

b

where the sum is payable by virtue of subsection (1)(b), the date on which the loss was sustained.

7

The Scottish Ministers may by regulations make provision as to the rate of interest payable by virtue of subsection (5).