No versions valid at: 07/10/2005
Point in time view as at 07/10/2005. This version of this provision is not valid for this point in time.
Sexual Offences Act 2003, Section 136N is up to date with all changes known to be in force on or before 06 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.
Valid from 01/04/2010
(1)A constable is not liable for relevant damages in respect of anything done or omitted to be done by the constable in the performance or purported performance of the constable's functions under this Part.
(2)A chief officer of police who has direction or control of a constable is not liable for relevant damages in respect of anything done or omitted to be done by the constable in the performance or purported performance of the constable's functions under this Part.
(3)An authorised person is not liable for relevant damages in respect of anything done or omitted to be done by the authorised person in the performance or purported performance of the authorised person's functions under this Part.
(4)No person is vicariously liable for anything done or omitted to be done by an authorised person as mentioned in subsection (3).
(5)Subsections (1) to (4) do not apply—
(a)if the act or omission is shown to have been in bad faith;
(b)so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.
(6)This section does not affect any other exemption from liability for damages (whether at common law or otherwise).
(7)In this section—
(a)“authorised person” has the same meaning as in section 136F;
(b)“relevant damages” means damages in proceedings for judicial review or for the tort of negligence or misfeasance in public office.
(8)In the application of this section to Northern Ireland, the reference in subsection (2) to the chief officer of police is to be read as a reference to the Chief Constable of the Police Service of Northern Ireland.]
Textual Amendments
F1Pt. 2A inserted (E.W.N.I.) (1.4.2010 for E.W. and otherwise prosp.) by Policing and Crime Act 2009 (c. 26), ss. 21(1), 116(1), Sch. 2 para. 1 (with s. 21(2)); S.I. 2010/507, art. 5(t) (subject to art. 6)
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