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The Business Protection from Misleading Marketing Regulations 2008

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Compensation

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27.—(1) Where an officer of an enforcement authority seizes and detains goods in exercise of the powers under regulation 23 the enforcement authority shall be liable to pay compensation to any person having an interest in the goods in respect of any loss or damage caused by reason of the exercise of the power if—

(a)there has been no breach of these Regulations in relation to the goods, and

(b)the exercise of that power is not attributable to any neglect or default by that person.

(2) Any disputed question as to the right to or the amount of any compensation payable under this provision shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.

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