The UEFA European Championship (Scotland) Act 2020 (Compensation for Enforcement Action) (Scotland) Regulations 2020
| Jurisdiction | Scotland |
| Citation | SSI 2020/79 |
| Year | 2020 |
2020 No. 79
Sports Grounds And Sporting Events
The UEFA European Championship (Scotland) Act 2020 (Compensation for Enforcement Action) (Scotland) Regulations 2020
Made 12th March 2020
Laid before the Scottish Parliament 16th March 2020
Coming into force 15th May 2020
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 26(3) of the UEFA European Championship (Scotland) Act 20201and all other powers enabling them to do so.
Citation, commencement and cessation
1.—(1) These Regulations may be cited as the UEFA European Championship (Scotland) Act 2020 (Compensation for Enforcement Action) (Scotland) Regulations 2020 and come into force on 15 May 2020.
(2) These Regulations cease to have effect on the day on which the Act ceases to have effect.
Interpretation
2. In these Regulations—
“the Act” means the UEFA European Championship (Scotland) Act 2020,
“claimant” has the meaning given in regulation 4(1),
“decision notice” means a notice issued by a relevant authority under regulation 6(2)(b) or (3),
“notice of claim” has the meaning given in regulation 4(1), and
“relevant authority” in relation to anything done under section 18 or 20 of the Act means—
(a) if the damage is caused by an enforcement officer, or by a constable accompanying an enforcement officer, Glasgow City Council, or
(b) if the damage is caused by a constable who is not accompanying an enforcement officer, the Scottish Police Authority.
Amount of compensation due
3. Where a person may obtain compensation under section 26(1) of the Act, the amount of compensation to which that person is entitled under that section is the total of—
(a) the cost of repairing the damaged property to its previous condition (or in the case of property which is impossible to repair or if the cost of repairing would exceed the property’s market value, the cost of replacing the property at market value), and
(b) any further loss which was a direct result of the damage to property.
Notice of claim
4.—(1) A person seeking to obtain compensation under section 26(1) of the Act (a “claimant”) must send a written notice (a “notice of claim”) to the relevant authority claiming that compensation.
(2) A notice of claim must be sent—
(a)
(a) in a case where there has been a delay of at least 14 days in the damage coming to the attention of the claimant, within 3 months of the date on which the damage occurred, or
(b)
(b) in any other case, within 30 days of the date on which the damage occurred.
(3) The relevant authority may accept a notice sent after the applicable deadline specified in paragraph (2) and may agree with the claimant in advance of a notice being sent that it will be accepted.
(4) A notice of claim must include or be accompanied by the following information and evidence—
(a)
(a) the claimant’s full name,
(b)
(b) the date on which the damage occurred,
(c)
(c) the address or location at which the damage occurred,
(d)
(d) the amount of compensation claimed (in accordance with regulation 3) and the basis of the calculation of the amount claimed,
(e)
(e) a description of—
(i) the property damaged,
(ii) the nature of the damage, and
(iii) the nature of any further loss which flowed from the damage for which compensation is claimed, and
(f)
(f) photographs, receipts, quotations or other evidence as to the matters referred to in sub-paragraphs (a) to (e).
Initial consideration of claim
5.—(1) Within 14 days of the date on which a relevant authority receives notice of a claim, the relevant authority must determine whether it has received sufficient information and evidence to enable it to decide—
(a)
(a) whether the claimant is entitled to compensation under section 26(1) of the Act, and
(b)
(b) if the claimant is entitled, the amount of compensation due.
(2) If the relevant authority determines that it has not received sufficient information or evidence, it must send the claimant a written notice stating the further information or evidence that the relevant authority requires.
(3) The claimant must send the relevant authority the information or evidence stated in the notice within—
(a)
(a) 14 days of the date on which the claimant received the notice, or
(b)
(b)...
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