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Pensions Act 2004
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- UK Public General Acts
- 2004 c. 35
- SCHEDULE 1
- Part 6
- Exemption from liability in...
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Changes over time for: Cross Heading: Exemption from liability in damages
Alternative versions:
- 17/12/2004- Amendment
- 06/04/2005- Amendment
- 11/02/2021
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Pensions Act 2004, Cross Heading: Exemption from liability in damages is up to date with all changes known to be in force on or before 13 February 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.
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Exemption from liability in damagesU.K.
35(1)Neither the Regulator nor any person who is a member of the Regulator, a member of any of its committees, or a member of its staff is to be liable in damages for anything done or omitted in the exercise or purported exercise of the functions of the Regulator conferred by, or by virtue of, this or any other enactment.U.K.
(2)Any person who is—
(a)the chairman of the Regulator,
(b)the Chief Executive of the Regulator, or
(c)the chairman of the Determinations Panel,
is not to be liable in damages for anything done or omitted in the exercise or purported exercise of any function conferred on the office in question by, or by virtue of, this Act or any provisions in force in Northern Ireland corresponding to this Act.
(3)Any person who is a member of the committee established under section 8 or of any of its sub-committees is not to be liable in damages for anything done or omitted in the discharge or purported discharge of the duty to prepare a report under subsection (5) of that section on the discharge of the non-executive functions.
(4)Any person who is a member of the Determinations Panel is not to be liable in damages for anything done or omitted in the exercise or purported exercise of the functions of the Panel under—
(a)section 93(3) (procedure in relation to regulatory functions) or any corresponding provision in force in Northern Ireland,
(b)section 99(11) (procedure in relation to exercise of functions on a compulsory review) or any corresponding provision in force in Northern Ireland, or
(c)paragraph 18(2) of this Schedule (general procedure).
(5)But sub-paragraphs (1) to (4) do not apply—
(a)if it is shown that the act or omission was in bad faith, or
(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 as a result of section 6(1) of the Human Rights Act 1998 (c. 42).
Commencement Information
I1Sch. 1 para. 35(1)-(3)(4)(c)(5) in force at 17.12.2004 for specified purposes by S.I. 2004/3350, art. 2, Sch.
I2Sch. 1 para. 35(4)(a)(b) in force at 6.4.2005 by S.I. 2005/275, art. 2(7), Sch. Pt. 7
I3Sch. 1 para. 35(5) in force at 6.4.2005 for specified purposes in so far as it relates to paragraph 35(4)(a) and (b) by S.I. 2005/275, art. 2(7), Sch. Pt. 7
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