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Article 133 Protection for acts done in pursuance of this Order

Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person shall not be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from this Article in respect of any act purporting to be done in pursuance of this Order or any regulations or rules thereunder, unless the act was done in bad faith or without reasonable care.

(2)

No civil proceedings shall be brought against any person in any court in respect of any such act without the leave of the High Court; and no criminal proceedings shall be brought against any person in any court in respect of any such act except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(3)

This Article does not apply to proceedings for an offence under this Order being proceedings which, under any other provision of this Order, can be instituted only by or with the consent of the Director of Public Prosecutions.

(4)

This Article does not apply to proceedings against the DepartmentF1F2... or an F3HSC trust.

Annotations

Textual amendments

F1

1994 NI 2

F2

Words in art. 133(4) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 99; S.R. 2022/102, art. 2(b)

F3

Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2