C1Part I The National Criminal Intelligence Service
Miscellaneous
42 Liability for wrongful acts of constables etc.
1
The Director General of NCIS 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 NCIS 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 NCIS Service Authority.
3
Any proceedings in respect of a claim made by virtue of this section shall be brought against the Director General of NCIS 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 this section to the Director General shall be construed accordingly.
4
The NCIS Service Authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the NCIS 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 NCIS, or
b
a constable for the time being required to serve with NCIS by virtue of section 23.
6
In relation to Scotland—
a
subsection (1) shall not apply but—
i
the Director General of NCIS shall be liable in reparation in respect of any wrongful act or omission on the part of any constable under his direction and control in the performance or purported performance of his functions in the like manner as a master is so liable in respect of any wrongful act or omission on the part of his servant in the course of the servant’s employment, and
ii
subsection (4)(a) shall apply as if the reference to proceedings for a tort committed by a person were a reference to proceedings for a wrongful act or omission on the part of that person, and
b
any reference in subsection (2) or (4) to costs shall be construed as a reference to expenses.
Pt. I (ss. 1-46): Power to continue conferred (11.5.2001) by 2001 c. 16, ss. 109(2)(c)(i), 138(2)