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Section 18E Liability of authorised personsF1

(1)

An authorised person does not incur any civil or criminal liability for anything done or omitted to be done in the exercise or purported exercise of a power conferred by section 18A(1) or by virtue of section 18F.

(2)

Subsection (1) does not apply where it is proved that—

(a)

the authorised person acted in bad faith,

(b)

the authorised person failed to exercise a reasonable degree of care and skill, or

(c)

the authorised person did not act on reasonable grounds.

(3)

For the purpose of subsection (1), no regard is to be had to any defect in the appointment of an authorised person.

(4)

Subsection (1) does not affect any liability of any other person in respect of things done or omitted to be done by the authorised person.

Annotations

Textual amendments

F1

Ss. 18A-18F inserted (1.4.2024) by Transport (Scotland) Act 2019 (asp 17), ss. 110(2), 130(2) (with s. 126); S.S.I. 2023/250, sch.