Commentary on Sections Enforcement Section 16 – Appropriated property: compensation
53.This section provides a right for a person with an interest in anything which has been taken possession of under section 13(1)(c) to apply to a magistrates’ court for compensation. Where the circumstances set out in subsection (2) are satisfied, the court may order the local authority to pay compensation to the applicant. The circumstances are that property has been taken; that it was not necessary to take the property to discover whether an offence under section 5 had been committed; that the applicant has suffered loss or damage as a result; and that the loss or damage was not due to the applicant’s own neglect or default.