Paragraph 3 Protection of authorised officers acting in good faithI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 2 para. 4 coming into force by Beef and Veal Labelling 2008 reg. 1
Sch. 2 para. 1 coming into force by Beef and Veal Labelling 2008 reg. 1
Sch. 2 para. 2 coming into force by Beef and Veal Labelling 2008 reg. 1
Sch. 2 para. 3 coming into force by Beef and Veal Labelling 2008 reg. 1

(1)

No authorised officer shall be personally liable in respect of any act–

(a)

in the execution or purported execution of these Regulations; and

(b)

within the scope of that officer’s employment,

if the authorised officer acted in the honest belief that these Regulations required the act to be done.

(2)

Nothing in sub-paragraph (1) above shall be construed as relieving the Scottish Ministers or the relevant local authority from any liability in respect of the acts of authorised officers.

(3)

Where an action has been brought against an authorised officer in respect of an act–

(a)

in the execution or purported execution of these Regulations; and

(b)

outside the scope of that officer’s employment,

the Scottish Ministers or the relevant local authority may indemnify the authorised officer against the whole or part of any damages which that officer has been ordered to pay or any costs which that officer may have incurred if they are satisfied that that officer honestly believed that the act complained of was within the scope of that officer’s employment.

Annotations

Commencement

I1: Sch. 2 para. 3 in force at 25.1.2009, see reg. 1