The Recall of MPs Act 2015 (Recall Petition) Regulations 2016

Breach of official dutyU.K.

121.—(1) If a person to whom this regulation applies is, without reasonable cause, guilty of any act or omission in breach of that person’s official duty, they are liable on summary conviction to a fine.

(2) A person to whom this regulation applies is not liable for breach of their official duty to any penalty at common law and no action for damages will lie in respect of the breach by such a person of their official duty.

(3) The persons to whom this section applies are—

(a)the Clerk of the Crown (or, in Northern Ireland, the Clerk of the Crown for Northern Ireland),

(b)any registration officer, petition officer or petition clerk,

(c)any other person whose duty it is to be responsible after a petition for the used signing sheets and other documents (including returns and declarations as to expenses),

(d)any official designated by a universal postal service provider, and

(e)any deputy of a person mentioned in any of paragraphs (a) to (d) above or any person appointed to assist or in the course of their employment assisting a person so mentioned in connection with their official duties,

and for the purposes of this regulation “official duty” is to be construed accordingly, but does not include duties imposed otherwise than by or under the Act.

Commencement Information

I1Reg. 121 in force at 4.3.2016, see reg. 1