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The Control of Trade in Endangered Species Regulations 2018

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Compensation

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15.—(1) The management authority must compensate a person for loss suffered as the result of the service of a stop notice or the decision not to issue a completion certificate if a person has suffered loss as a result of the notice or decision and—

(a)the stop notice is subsequently withdrawn or amended by the management authority because the decision to serve it was made on the basis of any of the grounds mentioned in paragraph 13(2)(a) to (f);

(b)a person successfully appeals against the stop notice and the First-tier Tribunal allows the appeal on any of the grounds mentioned in paragraph 13(2)(a) to (f);

(c)a person successfully appeals against the decision not to issue a completion certificate and the First-tier Tribunal allows the appeal on any of the grounds mentioned in paragraph 14(5)(a) to (d).

(2) The management authority must give written notice of a decision on whether or not to award compensation, which must include information as to—

(a)the amount of any compensation to be awarded;

(b)the rights of appeal.

(3) A person may appeal against a decision not to award compensation or the amount of compensation awarded on the grounds that—

(a)the management authority’s decision was unreasonable;

(b)the amount of compensation awarded was based on incorrect facts;

(c)the decision was wrong for any other reason.

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