(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, or in, or in pursuance of anything done in, the discharge of functions conferred by any other enactment on the authority having jurisdiction under Part VII of 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 a [F1Health Authority [F2, Special Health Authority or Primary Care Trust]][F3or against a National Health Service trust established under the National Health Service and Community Care Act 1990].
(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
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only
Textual Amendments
F1Words in s. 139(4) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III para. 107(11)
F2Words in s. 139(4) substituted (E.W.) (8.2.2000) by virtue of S.I. 2000/90, art. 3(1), Sch. 1 para. 16(8) (with art. 2(5))
F3Words in s. 139(4) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 24(7)
Modifications etc. (not altering text)
C1S. 139 extended by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 122(2)
C2S. 139 extended (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 6(2); S.I. 1991/2488, art. 2