OpenLegislation

Section 57 DamagesI1I2

England and Wales

(1)

No claim for damages lies in respect of any loss or damage suffered by any person in consequence of—

(a)

the fact that an individual is included in a barred list;

(b)

the fact that an individual is not included in a barred list;

(c)

the provision of F1... information in pursuance of any of sections 35, 36, 37, 39, 40, 41, 42, 45 and 46.

(2)

Subsection (1)(c) does not apply to the provision of information which is untrue by a person who knows the information is untrue and either—

(a)

he is the originator of the information and he knew at the time he originated the information that it was not true, or

(b)

he causes another person to be the originator of the information knowing, at the time the information is originated, that it is untrue.

(3)

Nothing in this Act affects section 8 of the Human Rights Act 1998 (c. 42) as it relates to the power of a court to award damages in respect of an unlawful act of a public authority (within the meaning of that Act).

Annotations

Textual amendments

F1

Word in s. 57(1)(c) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 69, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iv)

Commencement

I1

S. 57 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(m)

I2

S. 57 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(j)