OpenLegislation

Regulation 46 Protection of officers acting in good faithI1

England and Wales

(1)

An officer of a competent authority is not personally liable in respect of any act done by him or her—

(a)

in the execution or purported execution of these Regulations; and

(b)

within the scope of his or her employment,

if the officer did that act in the honest belief that his or her duty under these Regulations required or entitled the officer to do it.

(2)

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

(3)

Where an action has been brought against an officer of a competent authority in respect of an act done by the officer—

(a)

in the execution or purported execution of these Regulations; but

(b)

outside the scope of his or her employment,

the authority may indemnify the 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 his or her employment.

(4)

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

Annotations

Commencement

I1

Reg. 46 in force at 1.1.2006, see reg. 1