The Feed (Hygiene and Enforcement) (England) Regulations 2005

Protection of authorised officers acting in good faith

This section has no associated Explanatory Memorandum

34.—(1) An authorised officer is not personally liable in respect of any act done by him —

(a)in the execution or purported execution of these Regulations; and

(b)within the scope of his employment,

if he did that act in the honest belief that his duty under these Regulations required or entitled him to do it.

(2) Nothing in paragraph (1) shall be construed as relieving any enforcement authority of any liability in respect of the acts of their officers.

(3) Where an action has been brought against an authorised officer in respect of an act done by him —

(a)in the execution or purported execution of these Regulations; but

(b)outside the scope of his employment,

the authority may indemnify him against the whole or a part of any damages which he has been ordered to pay or any costs which he may have incurred if it is satisfied that he honestly believed that the act complained of was within the scope of his employment.

(4) An agricultural analyst is to be treated for the purposes of this regulation as being an authorised officer, whether or not his appointment is a whole–time one.