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Regulation 27 Protection of officers acting in good faith

United Kingdom

(1)

An officer of an enforcement authority is not personally liable in respect of any act done by that officer —

(a)

in the execution or purported execution of the Hygiene Regulations or Regulation 178/2002; and

(b)

within the scope of his employment,

if that act was done in the honest belief that the officer's duty under the Hygiene Regulations or Regulation 178/2002 required or entitled the officer to do it.

(2)

Nothing in paragraph (1) is to be construed as relieving any enforcement authority of any liability in respect of the acts of their officers.

(3)

Where an action has been brought against an officer of an enforcement authority in respect of an act done by that officer —

(a)

in the execution or purported execution of the Hygiene Regulations or Regulation 178/2002; but

(b)

outside the scope of the officer's employment,

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

(4)

A public analyst appointed by a food authority is to be treated for the purposes of this regulation as being an officer of the authority, whether or not the appointment is a whole-time one.