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Part XIIIE+W Miscellaneous

Yn ddilys o 01/12/2001

[F1 Closure of certain licensed premises due to disorder or disturbance.]E+W

Textual Amendments

F1Ss. 179A-179K and cross-headings inserted (1.12.2001) by 2001 c. 16, s. 17; S.I. 2001/3736, art. 2

[F2179I Exemption from liability for certain damagesE+W

(1)A constable shall not be liable for relevant damages in respect of anything done or omitted to be done by him in the performance or purported performance of his functions in relation to a closure order or any extension of it.

(2)A chief officer of police shall not be liable for relevant damages in respect of anything done or omitted to be done by a constable under his direction or control in the performance or purported performance of the constable’s functions in relation to a closure order or any extension of it.

(3)Neither subsection (1) of this section nor subsection (2) of this section applies—

(a)if the act or omission is shown to have been in bad faith; or

(b)so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998 (c. 42).

(4)This section is without prejudice to any other exemption from liability for damages (whether at common law or otherwise).

(5)In this section “relevant damages” means damages in proceedings for judicial review or for the tort of negligence or misfeasance in public office.]

Textual Amendments

F2Ss. 179A-179K and cross-headings inserted (1.12.2001) by 2001 c. 16, s. 17; S.I. 2001/3736, art. 2