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The Local Authorities (Indemnities for Members and Officers) (Wales) Order 2006

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Restrictions on indemnities

6.—(1) No indemnity may be provided under this Order in relation to any action by, or failure to act by, any member or officer which—

(a)constitutes a criminal offence; or

(b)is the result of fraud, or other deliberate wrongdoing or recklessness on the part of that member or officer.

(2) Notwithstanding paragraph 1(a), an indemnity may be provided in relation to—

(a)subject to article 8, the defence of any criminal proceedings brought against an officer or member;

(b)any civil liability arising as a consequence of any action or failure to act which also constitutes a criminal offence; and

(c)subject to article 8, the defence of any Part III proceedings brought against a member.

(3) No indemnity may be provided under this Order in relation to the making by a member or officer indemnified of any claim in relation to an alleged defamation of that member or officer but may be provided in relation to the defence by that member or officer of any allegation of defamation made against that member or officer.

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