The Birmingham Commonwealth Games (Compensation for Enforcement Action) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

Paragraph 15 of Schedule 3 to the Birmingham Commonwealth Games Act 2020 (“the Act”) provides that a person whose property is damaged in the course of the exercise or purported exercise of a relevant power by an officer of a relevant authority is entitled to compensation from that authority if the exercise of the power was unlawful, or any force used was unreasonable. A “relevant power” is a power conferred by Schedule 3, or a power conferred by Part 3 or 4 of Schedule 5 to the Consumer Rights Act 2015 that is exercised (or purportedly exercised) for the purpose of enforcing an offence under section 10 (ticket touting), 13 (advertising) or 16 (trading) of the Act.

These Regulations make provision to supplement the provisions in paragraph 15 of Schedule 3, including how to make a claim for compensation, the information that must be given to a person making a claim about the decision on the claim, and reviewing and appealing decisions about compensation.

Regulations 3 to 5 set out the procedure by which compensation may be obtained. Regulations 6 and 7 set out how a decision on a claim can be reviewed, and how a decision on a review can be appealed.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on private, voluntary or public sector is foreseen.