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(1)Where a person to whom a notice has been given under section 21B above appears before a magistrates’ court and the court refuses the application for a banning order in respect of him, it may order compensation to be paid to him out of central funds if it is satisfied—
(a)that the notice should not have been given,
(b)that he has suffered loss as a result of the giving of the notice, and
(c)that, having regard to all the circumstances, it is appropriate to order the payment of compensation in respect of that loss.
(2)An appeal lies to the Crown Court against any refusal by a magistrates’ court to order the payment of compensation under subsection (1) above.
(3)The compensation to be paid by order of the magistrates’ court under subsection (1) above or by order of the Crown Court on an appeal under subsection (2) above shall not exceed £5,000 (but no appeal may be made under subsection (2) in respect of the amount of compensation awarded).
(4)If it appears to the Secretary of State that there has been a change in the value of money since the coming into force of this section or, as the case may be, the last occasion when the power conferred by this subsection was exercised, he may by order substitute for the amount specified in subsection (3) above such other amount as appears to him to be justified by the change.
(5)In this section, “central funds” has the same meaning as in enactments providing for the payment of costs.]
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