Prospective
48Appropriated property: compensationE+W
(1)A person (“P”) with an interest in anything which an authorised officer of a local authority has taken possession of under section 44(1)(c) (“appropriated property”) may apply by way of complaint to any magistrates' court for compensation.
(2)Subsection (3) applies if on an application under this section the court is satisfied that—
(a)P has suffered loss or damage in consequence of the authorised officer's taking possession of the appropriated property, or retaining it, in circumstances where doing so was not necessary for the purpose of ascertaining whether an offence under section 38(1), (2) or (4) had been committed, and
(b)the loss or damage is not attributable to the neglect or default of P.
(3)The court may order the local authority to pay compensation to P.