PART 2LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS

CHAPTER 9DEFINITIONS FOR PURPOSES OF PART 2

Meaning of “emergency”

I167Failure by persons other than D to take steps to ensure safeguard met

1

This section has effect in relation to section 65(2) in a case where D is an employee of a person (“E”).

2

For the purposes of determining whether E is liable in relation to an act done in a situation falling within section 65(2), any reference in section 65(3) or 66(5) to “D” includes any other employee of E.

3

Any person for whose acts another person may be vicariously liable is to be treated for the purposes of this section as an employee of that other person.