Section 87 of the Health Act 1956 makes for interesting reading:
87 Compensation for persons injuriously affected
(1) Subject to the provisions of this section, in every case where any building, animal, or thing is destroyed by or by order of the medical officer of health, or a health protection officer, or any local authority, pursuant to the powers conferred by this Part, every person injuriously affected thereby shall be entitled to compensation.
(2) The compensation shall not exceed the actual market value of the building, animal, or thing in respect of which the claim is made.
(3) If the destruction was necessary by reason of any breach or neglect of duty or of the ordinary rules of sanitary carefulness or cleanliness on the part of the claimant, or of any person for whose acts or default the claimant is responsible, no compensation shall be payable.
(4) If the destruction was necessary by reason of any such breach or neglect as aforesaid on the part of the local authority, the compensation shall be payable by that local authority.
(5) If the destruction was necessary in the interests of public health, and without any such breach or neglect as aforesaid, the compensation shall be payable out of money to be appropriated by Parliament for the purpose.
(6) All questions and disputes relating to claims for compensation shall be heard and determined by the District Court, whose decision shall be final.
A couple of questions for lawyery types:
- Could the collapse of a “thing” due to the Health Orders be considered destruction?
- Is a business a “thing”?
Discuss.