Part V Miscellaneous, General and Supplemental Provisions
F1Powers of EntryF1Enforcement
109MF2Compensation
1
Where the occupier or the owner of any premises to which access was impeded by a restriction notice or order (other than the premises which is subject to a restriction notice or order) claims to have incurred financial loss in consequence of that notice or order, that person may apply to the appropriate court for compensation.
2
The appropriate court is—
a
the magistrates’ court (except where paragraph (b) applies);
b
the Crown Court, in the case of a restriction order that was made or extended by an order of that Court on an appeal under section 109I.
3
An application under this section may not be heard unless it is made within 3 months beginning with whichever of the following is applicable—
a
the day on which the restriction notice was cancelled under section 109B;
b
the day on which a restriction order was refused;
c
the day on which the restriction order ceased to have effect.
4
For the purposes of subsection (3)(b) the day on which a restriction order was refused is—
a
the day on which the magistrates’ court decided not to make a restriction order (except where paragraph (b) applies);
b
the day on which the Crown Court dismissed an appeal against a decision not to make a restriction order.
5
On an application under this section the court may order the payment of compensation by the appropriate agency if it is satisfied—
a
that the applicant has incurred financial loss in consequence of the notice or order, and
b
that having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss.
S. 108 cross-heading substituted (E.W.) (29.3.2018) by The Waste Enforcement (England and Wales) Regulations 2018 (S.I. 2018/369), reg. 1(2), Sch. 2 para. 2