Licensing Act 2003

170 Exemption of police from liability for damages U.K.

(1) [F1 Neither a constable nor a trading standards officer is] liable for relevant damages in respect of any act or omission of his in the performance or purported performance F2 ... [F3 of his functions in relation to a closure notice].

[F4 (2) Neither a chief officer of police nor a local weights and measures authority is liable for relevant damages in respect of any act or omission of a person in the performance or purported performance, while under the direction or control of such a chief officer or local weights and measures authority—

(a) of a function of that person in relation to a closure order, or any extension of it; or

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3) But neither subsection (1) nor (2) applies—

(a) if the act or omission is shown to have been in bad faith, or

(b) so as to prevent an award of damages in respect of an act or omission on the grounds that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998 (c. 42) (incompatibility of act or omission with Convention rights).

(4) This section does not affect any other exemption from liability for damages (whether at common law or otherwise).

[F6 (4A) In this section references to a constable include references to a person exercising the powers of a constable by virtue of a designation under section 38 of the Police Reform Act 2002 (community support officers etc.); and, in relation to such a person [F7 exercising such powers by virtue of such a designation by the Commissioner of Police of the City of London], the first reference in subsection (2) to a chief officer of police has effect as a reference to [F8 the Common Council of the City of London].]

(5) In this section, “relevant damages” means damages awarded in proceedings for judicial review, the tort of negligence or misfeasance in public office.

Textual Amendments

F1 Words in s. 170(1) substituted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 24(2)(a), 66(2)(3); S.I. 2007/858, art. 2(a)

F2 Words in s. 170(1) omitted (20.10.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 38(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F3 Words in s. 170(1) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 24(2)(b), 66(2)(3); S.I. 2007/858, art. 2(a)

F4 S. 170(2) substituted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 24(3), 66(2)(3); S.I. 2007/858, art. 2(a)

F5 S. 170(2)(b) omitted (20.10.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 38(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(vi) (as amended (20.10.2014) by S.I. 2014/2754, arts. 1, 3(a))

F6 S. 170(4A) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 24(4), 66(2)(3); S.I. 2007/858, art. 2(a)

F7 Words in s. 170(4A) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 315(a); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 74)

F8 Words in s. 170(4A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 315(b); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 74)