Section 3 Public policy decisions, exclusively public functions and statutory inspectionsI1

Any duty of care owed by a public authority in respect of a decision as to matters of public policy (including in particular the allocation of public resources or the weighing of competing public interests) is not a “relevant duty of care”.

Any duty of care owed in respect of things done in the exercise of an exclusively public function is not a “relevant duty of care” unless it falls within section 2(1)(a), (b) or (d).

Any duty of care owed by a public authority in respect of inspections carried out in the exercise of a statutory function is not a “relevant duty of care” unless it falls within section 2(1)(a) or (b).

In this section—

• “exclusively public function” means a function that falls within the prerogative of the Crown or is, by its nature, exercisable only with authority conferred—

  1. (a)

     by the exercise of that prerogative, or

  2. (b)

     by or under a statutory provision;

• “statutory function” means a function conferred by or under a statutory provision.