Food Act 1984, Section 116 is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)An officer of a council is not personally liable in respect of any act done by him—
(a)in the execution or purported execution of this Act, and
(b)within the scope of his employment,
if he did that act in the honest belief that his duty under this Act required or entitled him to do it.
(2)Nothing in subsection (1) shall be construed as relieving a council from any liability in respect of the acts of their officers.
(3)Where—
(a)an action has been brought against an officer of a council in respect of an act done by him in the execution or purported execution of this Act, and
(b)the circumstances are such that he is not legally entitled to require the council to indemnify him,
the council may, nevertheless, indemnify him against the whole or a part of any damages and costs which he may have been ordered to pay or may have incurred, if they are satisfied—
(i)that he honestly believed that the act complained of was within the scope of his employment; and
(ii)that his duty under this Act required or entitled him to do it.
(4)A public analyst appointed by a food and drugs authority shall for the purposes of this section be treated as being an officer of the authority whether or not he is employed whole-time.
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