Article 28 Breach of official dutyI1

United Kingdom

(1)

If a person to whom this article applies is, without reasonable cause, guilty of any act or omission in breach of that person’s official duty, that person shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale.

(2)

No person to whom this article applies shall be liable for breach of that person’s official duty to any penalty at common law, and no action for damages shall lie in respect of the breach by such a person of that person’s official duty.

(3)

The persons to whom this article applies are—

(a)

any ERO, CRO, RRO or presiding officer;

(b)

a CORE keeper (within the meaning of Part 1 of the 2006 Act); and

(c)

any depute of a person mentioned in sub-paragraph (a) or (b) or any person appointed to assist or in the course of that person’s employment assisting a person so mentioned in connection with the official duties of the person so mentioned,

and “official duty” shall for the purpose of this article be construed accordingly, but shall not include duties imposed otherwise than by the law relating to Scottish parliamentary elections or the registration of local government electors.

Annotations

Commencement

I1: Art. 28 in force at 30.12.2010, see art. 1(1)