OpenLegislation

Section 39 Protection of members and officers etc. of local authorities from personal liability.C1C2C3C4C5

(1)

Section 265 of the M1Public Health Act 1875 (which relates to the protection from personal liability of members and officers of certain authorities) shall have effect F1. . . as if any reference to those authorities and the first reference to that Act included respectively a reference to a local authority and to any other public general Act and any local Act and as if the reference to the general purposes of that Act included a reference to the purposes of the other public general Act or the local Act in question.

(2)

A person who is appointed as a member of a committee of a local authority or a joint committee of two or more local authorities by virtue of subsection (3) or (4) of section 102 of the M2Local Government Act 1972 (which authorises among other things the appointment to such a committee of a person who is not a member of a relevant authority) shall, if he is not a member of the authority which appointed him, be treated as such a member for the purposes of the said section 265 as modified by the preceding subsection.

Annotations

Textual amendments

F1

Words repealed by Local Government Finance Act 1982 (c. 32, SIF 81:1, 2), s. 38(5), Sch. 6 Pt. IV

Marginal citations

M1

1875 c. 55.

M2

1972 c. 70.

Modifications

C1

S. 39 applied (with modifications) (8.1.1996) by 1995 c. x, ss. 1(3), 44, Sch. Pt.I

C2

Power to apply s. 39 conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (c)(iv); S.I. 1997/1930, art. 2(2)(m)

C3

S. 39 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 1

C4

S. 39 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 3

C5

S. 39 applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2

Notes on Part I

Modifications

C1

Pt. I (ss. 1–44) extended by Airports Act 1986 (c. 31, SIF 9), s. 58, Sch. 2 para. 1(1) and by Water Act 1989 (c.15, SIF 81:1), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 1(2)(xxi), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58