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

Initial consideration of a claim

4.—(1) Within 14 days beginning with the day on which a relevant authority receives a notice of claim, the authority must determine whether it has received sufficient information and evidence to enable it to decide—

(a) whether the enforcement activity in the course of which the claimant alleges their property was damaged was carried out by an officer of the authority,

(b) whether in the authority’s view the claimant is entitled to compensation under paragraph 15(1) of Schedule 3 to the Act, and

(c) the amount of any compensation that the authority considers to be payable, calculated in accordance with paragraph 15(3) of that Schedule.

(2) If the authority determines that it has not received sufficient information or evidence to decide the matters in paragraph (1), it must send the claimant, within a reasonable period, a written notice stating the further information or evidence that the authority requires.

(3) The claimant must send the authority—

(a) the information or evidence stated in a notice under paragraph (2), or

(b) if the claimant does not have the information or evidence, a written notice informing the authority of this.

(4) The information or evidence, or the written notice, referred to in paragraph (3) must be received by the relevant authority within—

(a) 14 days beginning with the day on which the claimant receives the notice under paragraph (2), or

(b) any longer period agreed by the authority in writing.

(5) Within 7 days beginning with the latest day on which the authority receives any additional information or evidence, or any written notice, under paragraph (3), the authority must—

(a) make the determination referred to in paragraph (1) again (and the other paragraphs of this regulation apply to that new determination), or

(b) if it considers that the matters in paragraph (1) cannot be decided without information or evidence which the claimant has informed the authority that they do not have, notify the claimant of this.