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Public Health (Wales) Act 2017

Public Health (Wales) Act 2017

2

Commentary on Sections

Part 3.Tobacco and Nicotine Products

Chapter 2 - Retailers of Tobacco and Nicotine Products
Section 48 - Appropriated property: compensation

80.This section provides a right for a person affected by the taking possession of property under section 44(1)(c) to apply to a magistrates’ court for compensation. Where the circumstances set out in subsection (2) are satisfied (i.e. that the person has suffered loss or damage as a consequence of the property being taken, and the loss of damage is not due to their neglect or failure to act, the court may order the local authority to pay compensation to the applicant.

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