sec.77Notice of damage

sec.77 Notice of damage

This section applies if— an authorised officer damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an authorised officer damages something. However, this section does not apply to damage the authorised officer considers is trivial or if the authorised officer reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned. The authorised officer must, as soon as possible, give written notice of the damage to a person who appears to the authorised officer to be an owner, or person in control, of the thing. However, if for any reason it is not practicable to comply with subsection (3) , the authorised officer must— leave the written notice at the place where the damage happened; and ensure the written notice is left in a conspicuous position and in a reasonably secure way. The authorised officer may delay complying with subsection (3) or (4) if the authorised officer reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the authorised officer’s functions. The delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place where the thing was damaged to keep the thing or place under observation. If the authorised officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised officer or the assistant, the authorised officer may state the belief in the written notice. The written notice must state— the particulars of the damage; and that the person who suffered the damage may claim compensation under section 78 . In this section— person in control — of a vehicle, includes— the vehicle’s driver or rider; and any person who reasonably appears to be, claims to be, or acts as if the person is, the vehicle’s driver or rider or the person in control of the vehicle; or of a ship, includes— the ship’s master; and any person who reasonably appears to be, claims to be, or acts as if the person is, the ship’s master or the person in control of the ship; or of another thing, includes any person who reasonably appears to be, claims to be, or acts as if the person is, the person in possession or control of the thing. (sec.77-ssec.1) This section applies if— an authorised officer damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an authorised officer damages something. (sec.77-ssec.2) However, this section does not apply to damage the authorised officer considers is trivial or if the authorised officer reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned. (sec.77-ssec.3) The authorised officer must, as soon as possible, give written notice of the damage to a person who appears to the authorised officer to be an owner, or person in control, of the thing. (sec.77-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the authorised officer must— leave the written notice at the place where the damage happened; and ensure the written notice is left in a conspicuous position and in a reasonably secure way. (sec.77-ssec.5) The authorised officer may delay complying with subsection (3) or (4) if the authorised officer reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the authorised officer’s functions. (sec.77-ssec.6) The delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place where the thing was damaged to keep the thing or place under observation. (sec.77-ssec.7) If the authorised officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised officer or the assistant, the authorised officer may state the belief in the written notice. (sec.77-ssec.8) The written notice must state— the particulars of the damage; and that the person who suffered the damage may claim compensation under section 78 . (sec.77-ssec.9) In this section— person in control — of a vehicle, includes— the vehicle’s driver or rider; and any person who reasonably appears to be, claims to be, or acts as if the person is, the vehicle’s driver or rider or the person in control of the vehicle; or of a ship, includes— the ship’s master; and any person who reasonably appears to be, claims to be, or acts as if the person is, the ship’s master or the person in control of the ship; or of another thing, includes any person who reasonably appears to be, claims to be, or acts as if the person is, the person in possession or control of the thing.