The London Olympic Games and Paralympic Games (Advertising and Trading) (Wales) Regulations 2012

PART 5 Compensation

Interpretation of this Part

18.  In this Part—

“claimant” (“hawlydd”) has the meaning given in regulation 20(1);

“decision notice” (“hysbysiad penderfynu”) means a notice issued by a relevant authority under regulation 22(2)(b) or (3);

“enforcement officer” (“swyddog gorfodi”) means a person designated for the purpose of section 22 or 28 of the Act (enforcement powers) by the Olympic Delivery Authority;

“notice of claim” (“hysbysiad am hawliad”) has the meaning given in regulation 20(1); and

“relevant authority” (“awdurdod perthnasol”), in relation to the exercise or purported exercise of a power under section 22 or 28 of the Act, means—

(a)

if the exercise or purported exercise of the power was by an enforcement officer, the Olympic Delivery Authority, or

(b)

if the exercise or purported exercise of the power was by a constable, the police authority for the police force of which the constable is a member.

Entitlement to compensation for damage to property

19.—(1) A person whose property is damaged in the course of the exercise or purported exercise of a power under section 22 or 28 of the Act is entitled to compensation from the relevant authority in accordance with this Part.

(2) But a person who, in the reasonable belief of the relevant authority, is responsible for a contravention of these Regulations is not entitled to compensation.

(3) The amount of compensation payable is the total of—

(a) the cost of repairing the property to its previous condition (or, in the case of property which is impossible, or not commercially worthwhile, to repair, the cost of replacing the property), and

(b) any other loss which was a direct result of the damage to the property.

Notice of claim

20.—(1) A person entitled to compensation under this Part (a “claimant”) may send a written notice (a “notice of claim”) to the relevant authority claiming that compensation.

(2) A notice of claim must be sent within—

(a) a period of 30 days beginning with the date on which damage occurred, or

(b) such longer period as agreed by the relevant authority in writing.

(3) A notice of claim must include or be accompanied by all of the following information and evidence—

(a) the claimant’s full name,

(b) the date on which the damage occurred,

(c) the address or location at which the damage occurred,

(d) a description of—

(i) the property damaged,

(ii) the nature of the damage, and

(iii) the nature of any further loss which flowed directly from the damage for which compensation is claimed,

(e) the amount of compensation claimed (in accordance with regulation 19(3)) and the basis upon which the amount of compensation is calculated, and

(f) photographs, receipts, quotations or other evidence as to the matters referred to in sub-paragraphs (b) to (e).

Consideration of sufficiency of information and evidence received

21.—(1) Within a period of 14 days beginning with the date on which the relevant authority receives a notice of claim it must determine whether it has received sufficient information and evidence to enable it to decide the following matters—

(a) whether the claimant is entitled to compensation under this Part,

(b) and if so, the amount of the compensation.

(2) If the authority determines that it has not received sufficient information or evidence, it must send the claimant a written notice stating the further information or evidence that it requires.

(3) The claimant must send the authority the information or evidence stated in such a notice within—

(a) a period of 14 days beginning with the date on which the claimant receives the notice, or

(b) such longer period as agreed by the relevant authority in writing.

(4) Within a period of 7 days beginning with the date on which the authority receives any further information or evidence following such a notice, it must make the determination referred to in paragraph (1) again (and the other paragraphs of this regulation apply to that new determination).

Authority’s decision on a claim

22.—(1) If a relevant authority determines under regulation 21 that it has received sufficient information and evidence it must, within a period of 14 days beginning with the date of that determination, decide the matters referred to in regulation 21(1)(a) and (b).

(2) If the authority decides that the claimant is entitled to compensation it must—

(a) pay to the claimant the amount of compensation stated in the notice of claim, or

(b) if it decides that the claimant is entitled to a lesser amount of compensation, send a notice in writing to the claimant—

(i) offering that lesser amount to the claimant, and

(ii) stating the reasons for its decision.

(3) If the authority decides that the claimant is not entitled to compensation it must send a notice in writing to the claimant—

(i) declining the claim, and

(ii) stating the reasons for its decision.

(4) A claimant who receives a decision notice offering a lesser amount of compensation than that stated in the notice of claim may agree, in writing, to accept that lesser amount (in which case the authority must pay that amount to the claimant).

(5) A decision notice must contain particulars of the claimant’s rights to—

(a) request a review of the decision, under regulation 23, and

(b) appeal a decision on a review, under regulation 24.

Review of decision on a claim

23.—(1) A claimant who receives a decision notice may request the relevant authority to review its decision.

(2) Such a request must—

(a) be in writing,

(b) be made within—

(i) a period of 14 days beginning with the date on which the decision notice was received, or

(ii) such longer period agreed by the relevant authority in writing, and

(c) include or be accompanied by such information or evidence as the claimant considers relevant.

(3) Within a period of 14 days beginning with the date on which a relevant authority receives such a request it must review its decision under regulation 22.

(4) On reviewing its decision, the authority may—

(a) confirm the original decision, or

(b) substitute a new decision for the original decision.

(5) But on reviewing its decision the authority may not substitute a lesser amount of compensation for that stated in the decision notice.

(6) The authority must send a written notice to the claimant informing the claimant of its decision on the review and the reasons for that decision.

(7) A notice under paragraph (6) must contain particulars of the claimant’s right to appeal a decision on a review under regulation 24.

Appeal to the county court

24.—(1) A claimant who is dissatisfied with a decision of the relevant authority on a review under regulation 23 may appeal to the county court.

(2) An appeal must be brought within a period of 21 days beginning with the date on which the claimant received written notice of the authority’s decision on review.

(3) The court may give permission for an appeal to be brought after the end of that period, but only if it is satisfied—

(a) where permission is sought before the end of that period, that there is a good reason for the claimant to be unable to bring the appeal in time, or

(b) where permission is sought after the end of that period, that there was a good reason for the claimant’s failure to bring the appeal in time and for any delay in applying for permission.

(4) An appeal under this regulation is to be by way of rehearing and the court may make such order confirming, quashing or varying the decision as it thinks fit.