Commentary on Sections Schedule 4: Compensation
135.This Schedule provides for a scheme of compensation where, in exercising powers under sections 21 to 32, property is taken, occupied, destroyed or damaged, or where any other act interferes with private rights of property. Compensation must be paid to those who have an interest in the property or who suffer loss or damage.
136.Paragraph 3 provides that an application must be made within 28 days of the event for which compensation is being claimed. Sub-paragraph (2) gives the Secretary of State discretion to allow applications after this time, within a defined timeframe of no more than six months after the incident, if he receives a written request. Sub-paragraph (3) provides that if the Secretary of State decides not to use this discretion a notice of refusal must be served on whoever made the request, and they may appeal that decision to the county court. The county court may then exercise the power under sub-paragraph (2) to extend the period in which an application can be made.
137.Decisions either to award or deny compensation must be communicated to the applicant as noted in paragraph 4. Paragraph 5 provides that appeals against decisions can then be made to the county court. Paragraph 6 allows that the award may be reduced, withheld or refused if the Secretary of State considers that the applicant made a false or misleading statement, made a statement he did not believe to be true, or knowingly failed to disclose a relevant fact.
138.Paragraph 7 provides that the Secretary of State may make a payment to cover the costs of the application for compensation, where that application was successful.
139.Paragraph 8 allows for a situation where the right of compensation passes on to another individual after an application has been made. In that case the Secretary of State may treat that person as the applicant.
140.In paragraph 9, where an act, which is the subject of the claim for compensation, was done in connection with or revealed evidence of an offence for which proceedings are brought the right to compensation is not enforceable until those proceedings have concluded and is lost if a person is convicted. For example, if an individual made a claim for damage done to his or her property during a search carried out using the powers in Schedule 3 of this Act, but that search revealed illegal ammunition for which the claimant was charged, their claim would effectively be suspended. If they were convicted as a result of those proceedings they would lose any right to compensation.
141.Paragraphs 10 and 11 provide details of how notices related to compensation must be served.
142.Paragraph 12 creates an offence of obtaining compensation by deception or by making false or misleading statements, making statements which a person does not believe to be true, or knowingly failing to disclose a relevant fact.