# Corporate Manslaughter and Corporate Homicide Act 2007, Section 3: Public policy decisions, exclusively public functions and statutory inspections


(1) 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”.
(2) 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).
(3) 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).
(4) 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—
(a)by the exercise of that prerogative, or
(b)by or under a statutory provision;
“statutory function” means a function conferred by or under a statutory provision.

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Source: https://www.legislation.gov.uk/ukpga/2007/19/section/3 (the official version)
Page: https://openlegislation.uk/corporate-manslaughter-and-corporate-homicide-act-2007/section-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

