Financial Intermediaries Act 1996
sec.45Inspector to give notice of damage
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sec.45 Inspector to give notice of damage
This section applies if— an inspector damages something when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction of an inspector damages something. The inspector must promptly give written notice of particulars of the damage to the person who appears to be the owner of the thing. If the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the inspector’s or other person’s control, the inspector may state it in the notice. If, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. This section does not apply to damage the inspector reasonably believes is trivial. In this section— owner of a thing includes the person in possession or control of it. (sec.45-ssec.1) This section applies if— an inspector damages something when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction of an inspector damages something. (sec.45-ssec.2) The inspector must promptly give written notice of particulars of the damage to the person who appears to be the owner of the thing. (sec.45-ssec.3) If the inspector believes the damage was caused by a latent defect in the thing or circumstances beyond the inspector’s or other person’s control, the inspector may state it in the notice. (sec.45-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (sec.45-ssec.5) This section does not apply to damage the inspector reasonably believes is trivial. (sec.45-ssec.6) In this section— owner of a thing includes the person in possession or control of it.
- (a) an inspector damages something when exercising or purporting to exercise a power; or
- (b) a person (the other person ) acting under the direction of an inspector damages something.