Anti-social Behaviour Act 2003

Prospective

10CompensationE+W

This sectionnoteType=Explanatory Notes has no associated

(1)This section applies to any person who incurs financial loss in consequence of—

(a)the issue of a closure notice, or

(b)a closure order having effect.

(2)A person to whom this section applies may apply to—

(a)the magistrates' court which considered the application for a closure order;

(b)the Crown Court if the closure order was made or extended by an order made by that Court on an appeal under section 6.

(3)An application under this section must not be entertained unless it is made not later than the end of the period of three months starting with whichever is the later of—

(a)the day the court decides not to make a closure order;

(b)the day the Crown Court dismisses an appeal against a decision not to make a closure order;

(c)the day a closure order ceases to have effect.

(4)On an application under this section the court may order the payment of compensation out of central funds if it is satisfied—

(a)that the person had no connection with the use of the premises as mentioned in section 1(1),

(b)if the person is the owner or occupier of the premises, that he took reasonable steps to prevent the use,

(c)that the person has incurred financial loss as mentioned in subsection (1), and

(d)having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss.

(5)Central funds has the same meaning as in enactments providing for the payment of costs.