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Regulation 11 Authorised officer acting in good faith

Original text. Later amendments are not shown.

(1)

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 and within the scope of his employment, if he did that act in the belief to which paragraph (5) below applies.

(2)

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

(3)

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 satisified 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.

(4)

Subject to paragraph (5) below, this regulation applies to any person accompanying an authorised officer and acting under his instructions as it applies to an authorsied officer.

(5)

The belief to which this paragraph applies is—

(a)

in relation to any act of an authorised officer, the honest belief that these Regulations required or empowered him to do it, and

(b)

in relation to any act of a person accompanying an authorised officer and acting under his instructions, the honest belief that these Regulations empowered the authorised officer to instruct him to do it.