PART 4Community protection
CHAPTER 3Closure of premises associated with nuisance or disorder etc
Supplemental
89Exemption from liability
(1)
A police officer, or the chief officer of police under whose direction or control he or she acts, is not liable for damages in proceedings for—
(a)
judicial review, or
(b)
the tort of negligence or misfeasance in public office,
arising out of anything done or omitted to be done by the police officer in the exercise or purported exercise of a power under this Chapter.
(2)
A local authority is not liable for damages in proceedings for—
(a)
judicial review, or
(b)
the tort of negligence or misfeasance in public office,
arising out of anything done or omitted to be done by the authority in the exercise or purported exercise of a power under this Chapter.
(3)
Subsections (1) and (2) do not apply to an act or omission shown to have been in bad faith.
(4)
Subsections (1) and (2) do not apply 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.
(5)
This section does not affect any other exemption from liability (whether at common law or otherwise).