Part 8Closure of premises

Closure of identified premises

170Exemption of police from liability for damages

1

A constable is not liable for relevant damages in respect of any act or omission of his in the performance or purported performance of his functions in relation to a closure order or any extension of it.

2

A chief officer of police is not liable for relevant damages in respect of any act or omission of a constable under his direction or control in the performance or purported performance of a function of the constable’s in relation to a closure order or any extension of it.

3

But neither subsection (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 (c. 42) (incompatibility of act or omission with Convention rights).

4

This section does not affect any other exemption from liability for damages (whether at common law or otherwise).

5

In this section, “relevant damages” means damages awarded in proceedings for judicial review, the tort of negligence or misfeasance in public office.