139 Protection for acts done in pursuance of this Act.E+W
(1)No person shall be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from this section in respect of any act purporting to be done in pursuance of this Act or any regulations or rules made under this Act, . . . , unless the act was done in bad faith or without reasonable care.
(2)No civil proceedings shall be brought against any person in any court in respect of any such act without the leave of the High Court; and no criminal proceedings shall be brought against any person in any court in respect of any such act except by or with the consent of the Director of Public Prosecutions.
(3)This section does not apply to proceedings for an offence under this Act, being proceedings which, under any other provision of this Act, can be instituted only by or with the consent of the Director of Public Prosecutions.
(4)This section does not apply to proceedings against the Secretary of State or against [ the National Health Service Commissioning Board, a clinical commissioning group,] a ... [Local Health Board] [or Special Health Authority] ... [or against a National Health Service trust established under [the National Health Service Act 2006 or the National Health Service (Wales) Act 2006]] [or NHS foundation trust] [or against the Department of Justice in Northern Ireland] [or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to the exercise of those functions].
(5)In relation to Northern Ireland the reference in this section to the Director of Public Prosecutions shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland.
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139 Protection for acts done in pursuance of this Act.S+N.I.
(1)No person shall be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from this section in respect of any act purporting to be done in pursuance of this Act or any regulations or rules made under this Act, . . . unless the act was done in bad faith or without reasonable care.
(2)No civil proceedings shall be brought against any person in any court in respect of any such act without the leave of the High Court; and no criminal proceedings shall be brought against any person in any court in respect of any such act except by or with the consent of the Director of Public Prosecutions.
(3)This section does not apply to proceedings for an offence under this Act, being proceedings which, under any other provision of this Act, can be instituted only by or with the consent of the Director of Public Prosecutions.
(4)This section does not apply to proceedings against the Secretary of State or against [ the National Health Service Commissioning Board, a clinical commissioning group,] a ... [ Local Health Board] [or Special Health Authority] [or against a National Health Service trust established under [the National Health Service Act 2006 or the National Health Service (Wales) Act 2006]][or NHS foundation trust] [or against the Department of Justice in Northern Ireland] [or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to the exercise of those functions].
(5)In relation to Northern Ireland the reference in this section to the Director of Public Prosecutions shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland.
Extent Information
Textual Amendments
Modifications etc. (not altering text)