Cluster Munitions (Prohibitions) Act 2010
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Change 1
17 Compensation for destruction
(1) This section applies if a person (P) claims that— (a) a prohibited munition has been destroyed under section 14 or 16, (b) P had an interest which was materially affected by the destruction, (c) P sustained loss as a result of the destruction, and (d) no notice was served on P under section 14 or (as the case may be) section 15 (whether or not one was served on any other person). (2) P may make an application for compensation to the High Court or, in Scotland, the Court of Session. (3) If the Court finds that P's claim is justified, the Court may order the Secretary of State to pay to P such amount (if any) by way of compensation as the Court considers just. (4) If the Court believes that the prohibited munition would have been destroyed even if a notice had been served on P under the section concerned, the Court must not order compensation to be paid under this section.
17 Compensation for destruction
(1) This section applies if a person (P) claims that— (a) a prohibited munition has been destroyed under section 14 or 16, (b) P had an interest which was materially affected by the destruction, (c) P sustained loss as a result of the destruction, and (d) no notice was served on P under section 14 or (as the case may be) section 15 (whether or not one was served on any other person). (2) P may make an application for compensation to the High Court or, in Scotland, the Court of Session. (3) If the Court finds that P's claim is justified, the Court may order the Secretary of State to pay to P such amount (if any) by way of compensation as the Court considers just. (4) If the Court believes that the prohibited munition would have been destroyed even if a notice had been served on P under the section concerned, the Court must not order compensation to be paid under this section.
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