PART IIGENERAL PROVISIONS

Authorised officer acting in good faith

12.—(1) An authorised officer shall not be personally liable in respect of any act done in the execution or purported execution of these Regulations and within the scope of his employment, if—

(a)in relation to an act done by him, he did that act in the honest belief that these Regulations required or empowered him to do it, and

(b)in relation to an act of a person accompanying him and acting under his instructions, he honestly believed that these Regulations empowered him to instruct that person to do it.

(2) A person accompanying an authorised officer shall not be personally liable in respect of any act done by him in the execution or purported execution of these Regulations, if—

(a)he did that act on the instructions of the authorised officer, and

(b)he honestly believed that these Regulations empowered the authorised officer to give him those instructions.

(3) Nothing in paragraph (1) above shall be construed as relieving an enforcement authority from any liability in respect of the acts of its authorised officers.

(4) Where an action has been brought against an authorised officer in respect of an act done by him in the execution or purported execution of these Regulations and the circumstances are such that he is not legally entitled to require the enforcement authority to indemnify him, the authority may, nevertheless, indemnify him against the whole or part of any damages and costs or in Scotland of any damages and expenses which he may have been ordered to pay or which he may have incurred, if that authority is satisfied that he honestly believed the act complained of was within the scope of his employment and that his duty under the Regulations required or entitled him to do it.