Yn ddilys o 01/04/1998
86 Liability for wrongful acts of constables etc.E+W
(1)The Director General of the National Crime Squad shall be liable in respect of torts committed by constables under his direction and control in the performance or purported performance of their functions in like manner as a master is liable in respect of torts committed by his servants in the course of their employment, and accordingly shall in respect of any such tort be treated for all purposes as a joint tortfeasor.
(2)There shall be paid out of the NCS service fund—
(a)any damages or costs awarded against the Director General in any proceedings brought against him by virtue of this section and any costs incurred by him in any such proceedings so far as not recovered by him in the proceedings, and
(b)any sum required in connection with the settlement of any claim made against the Director General by virtue of this section, if the settlement is approved by the NCS Service Authority.
(3)Any proceedings in respect of a claim made by virtue of this section shall be brought against the Director General of the National Crime Squad for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of the Director General; and references in subsections (1) and (2) to the Director General shall be construed accordingly.
(4)The NCS Service Authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the NCS service fund—
(a)any damages or costs awarded against a person to whom this subsection applies in proceedings for a tort committed by that person,
(b)any costs incurred and not recovered by such a person in such proceedings, and
(c)any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.
(5)Subsection (4) applies to a person who is—
(a)a member of the National Crime Squad, or
(b)a constable for the time being required to serve with the M1National Crime Squad by virtue of section 23 above or section 24 or 98 of the Police Act 1996.
Marginal Citations