Section 45 Immunity for certain acts beyond jurisdiction.F1

England and Wales

An action shall lie against any justice of the peace or justice’s clerk in respect of any act or omission of his—

(a)

in the purported execution of his duty—

(i)

as such a justice; or

(ii)

as such a clerk exercising, by virtue of any statutory provision, any of the functions of a single justice; but

(b)

with respect to matter which is not within his jurisdiction,

if, but only if, it is proved that he acted in bad faith.

Annotations

F1: S. 45 substituted by Courts and Legal Services Act 1990 (c.41, SIF 76:1, 82), ss. 108(3), 125(6), Sch. 19 para. 16

F1: Act repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt.I (with savings in Sch. 4 Pt. II paras. 6(a), 23, 28 and saving (temp.) for ss. 58 and 70 of the repealed Act in Sch. 4 Pt. II para. 7(2)(a)