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HOSPITAL AND HEALTH BOARDS ACT 2011 - SECT 250
Notice of damage
250 Notice of damage
(1) This section applies if— (a) an inspector damages something when
exercising, or purporting to exercise, a power; or
(b) a person (the
"assistant" ) acting under the direction or authority of an inspector damages
something.
(2) However, this section does not apply to damage the inspector
reasonably considers is trivial or if the inspector reasonably believes— (a)
there is no-one apparently in possession of the thing; or
(b) the thing has
been abandoned.
(3) The inspector must give notice of the damage to the
person who appears to the inspector to be an owner, or person in control, of
the thing.
(4) However, if for any reason it is not practicable to comply
with subsection (3) , the inspector must— (a) leave the notice at the place
where the damage happened; and
(b) ensure it is left in a conspicuous
position and in a reasonably secure way.
(5) The inspector may delay
complying with subsection (3) or (4) if the inspector reasonably suspects
complying with the subsection may frustrate or otherwise hinder the
performance of an inspector’s functions.
(6) The delay may be only for so
long as the inspector continues to have the reasonable suspicion and remains
in the vicinity of the place.
(7) If the inspector believes the damage was
caused by a latent defect in the thing or other circumstances beyond the
control of the inspector or the assistant, the inspector may state the belief
in the notice.
(8) The notice must state— (a) particulars of the damage;
and
(b) that the person who suffered the damage may claim compensation under
section 251 .
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