Paragraph 8 Exemption from liability in damagesF1

(1)

No person within sub-paragraph (2) is to be liable in damages for anything done or omitted in the discharge or purported discharge of functions to which this sub-paragraph applies.

(2)

The persons within this subsection are—

(a)

an external registration body,

(b)

an officer or employee of such a body, and

(c)

a member of the governing body of such a body.

(3)

Sub-paragraph (1) applies to the functions of an external registration body so far as relating to, or to matters arising out of, any of the following—

(a)

rules and arrangements made for the purposes of Schedule 1C or any agreement under section 6B(5)(a), or

(b)

any guidance or recommendation within sub-paragraph (4).

(4)

Guidance or a recommendation is within this sub-paragraph if—

(a)

it is issued or made by the external registration body to all or any class of the persons who are or are seeking to become—

(i)

registered in the body’s local audit register, or

(ii)

listed in accordance with paragraph 6 of Schedule 1C (list of firm’s lead partners), and

(b)

it is relevant for the purposes of this Act,

including any guidance or recommendation relating to entry in or removal from the register or list.

(5)

Sub-paragraph (1) does not apply—

(a)

if the act or omission is shown to have been in bad faith, or

(b)

so as to prevent an award of damages in respect of the act or omission on the ground that it was unlawful as a result of section 6(1) of the Human Rights Act 1998 (acts of public authorities incompatible with Convention rights).

Annotations

Textual amendments

F1: Schs. 1B-1D inserted (29.4.2026 for specified purposes) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(6), Sch. 35