The Environmental Protection (Single-use Plastic Products) (Wales) Act 2023

16Appropriated property: compensationE+W

This section has no associated Explanatory Notes

(1)A person (“A”) with an interest in anything of which an authorised officer of a local authority has taken possession under section 13(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)A 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 5 had been committed, and

(b)the loss or damage is not attributable to the neglect or default of A.

(3)The court may order the local authority to pay compensation to A.

Commencement Information

I1S. 16 not in force at Royal Assent, see s. 22(2)

I2S. 16 in force at 30.10.2023 by S.I. 2023/1149, art. 2(n)