Section 31(11)

If the appropriate authority, on the application of the appellant, determines that the regulator acted unreasonably in excluding the application of paragraph (7)(b) or (9), then— if the appeal is still pending at the end of the day on which the determination is made, paragraph (7)(b) or (9) applies to the decision or notice from the end of that day, the appellant is entitled to recover compensation from the regulator in respect of any loss suffered in consequence of that exclusion, and any dispute as to a person's entitlement to such compensation or as to the amount of it is to be determined by a single arbitrator appointed— by agreement between the parties to the dispute, or in the absence of agreement, by the appropriate authority.

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Source: legislation.gov.uk · retrieved 2026-07-30