Section 14 Limitation of criminal liability.

(1)

Subject to subsections (2) to (4) below, where a person performs an act at the request of or under the authority of F1SNH in pursuance of—

(a)

a control agreement;

(b)

a control scheme; or

(c)

section 10 of this Act,

he shall not by reason of that act be liable to be proceeded against under this Act.

(2)

Where the act is performed by a member of the staff of SNH in pursuance of section 10 of this Act, he shall be liable to be proceeded against if the act constitutes an offence under section 17(3) of this Act.

(3)

Where the act is performed by—

(a)

a member of the staff of SNH in pursuance of a control agreement or control scheme; or

(b)

any other person in pursuance of a control agreement, a control scheme or section 10 of this Act,

he shall be liable to be proceeded against if the act constitutes an offence under either section 17(3) or section 18(1) of this Act.

(4)

In subsections (2) and (3)(a) above, “member of the staff of SNH” includes any person engaged by SNH under a contract for services.

Annotations

Textual amendments

F1: Word in Act substituted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 1 para. 6; S.S.I. 2010/221, art. 3(2), Sch.