F1SCHEDULE 5ARegistry

PART 2Establishment and operation of registry

F2Exemption from liability

8A.

(1)

Each of the following is exempt from liability in damages for anything done or omitted in the exercise or purported exercise of functions conferred or imposed on the UK ETS authority or the registry administrator under this Schedule—

(a)

a national authority;

(b)

a person referred to in article 9(1) (meaning of regulator).

(2)

Sub-paragraph (1) does not apply—

(a)

if the act or omission is shown to have been 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.