(1) The owner of equipment or other facilities is entitled to compensation for damage to the equipment or other facilities if—
(a) the damage was caused to the equipment or other facilities because of it being operated by an inspector as mentioned in this part; and
(b) the damage was caused because insufficient care was exercised by the inspector operating the equipment or other facilities.
(2)
In deciding the amount of compensation payable, regard is to be
had to whether the occupier of the premises and his or her employees and
agents, if they were available at the time, had provided any warning or
guidance as to the operation of the equipment or other facilities that was
appropriate in the circumstances.