F1PART 4ACLOSURE OF LICENSED PREMISES
Closure of identified licensed premises
Exemption of police from liability for damages69I
1
A constable is not liable for relevant damages in respect of any act or omission of that constable in the performance or purported performance of that constable's functions in relation to a closure order or any extension of it.
2
The Chief Constable is not liable for relevant damages in respect of any act or omission of a constable under the Chief Constable's direction or control in the performance or purported performance of a function of that constable in relation to a closure order or any extension of it.
3
But neither paragraph (1) nor (2) 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 in respect of an act or omission on the grounds that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998 (incompatibility of act or omission with Convention rights).
4
This Article does not affect any other exemption from liability for damages (whether at common law or otherwise).
5
In this Article, “relevant damages” means damages awarded in proceedings for judicial review, the tort of negligence or misfeasance in public office.
Pt. 4A inserted (10.12.2012) by Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2011 (c. 18), ss. 1(1), 18; S.R. 2012/420, art. 2, Sch.