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

Notice of claim

3.—(1) Any person seeking to claim compensation under paragraph 15(1) of Schedule 3 to the Act from a relevant authority(1) in respect of property damaged in the course of the exercise or purported exercise of a relevant power by an officer(2) of the authority (“a claimant”) must send a written notice (a “notice of claim”) to the authority.

(2) The notice of claim must be received by the authority by whichever is the later of—

(a) the end of the period of 90 days beginning with the day after the day on which the Games end;

(b) the end of the period of 14 days beginning with the day on which the claimant received any decision notice under regulation 5(2)(a);

(c) any date, or the end of any period, agreed by the authority in writing.

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

(a) the claimant’s full name,

(b) the date on which the damage occurred, or, if the date on which the damage occurred is not known to the claimant, the date on which the damage came to the attention of the claimant,

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

(d) the amount of compensation claimed (calculated in accordance with paragraph 15(3) of Schedule 3 to the Act) and the basis upon which the compensation was calculated,

(e) a description of—

(i) the property damaged,

(ii) the nature of the damage, and

(iii) the nature of any other loss that is a direct result of the damage to the property and for which compensation is claimed,

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

(g) an explanation of the reason why the claimant considers that the exercise of the power was unlawful or any force used was unreasonable, and any evidence as to this.

(1)

“Relevant authority” is defined in paragraph 1 of Schedule 3 to the Act.

(2)

“Officer”, in relation to a relevant authority, is defined in paragraph 1 of Schedule 3 to the Act.