57.—(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 Articles 37, 38, 39, 41, 42, 43, 44, 47 and 48.
(2) Paragraph (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 Order 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).
Textual Amendments
F1Word in art. 57(1)(c) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 100, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa) (v)(bb)
Commencement Information
I1Art. 57 wholly in operation; art. 57 not in operation at date of making see art. 1(3); art. 57 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(n); art. 57 in operation at 13.3.2009 by S.R. 2009/41, art. 3(1)(h)
58.—(1) Orders or regulations under this Order shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.
(2) Paragraph (1) does not apply to an order made under Article 1, including such an order which contains provision made under Article 61 (except paragraph (3) of that Article).
59. Schedule 6 has effect.
Commencement Information
I2Art. 59 wholly in operation at 14.4.2008; art. 59 not in operation at date of making see art. 1(3); art. 59 in operation for certain purposes at 14.3.2008 by S.R. 2008/127, art. 3(d); art. 59 in operation at 14.4.2008 by S.R. 2008/127, art. 4(o)
60.—(1) Schedule 7 contains amendments.
(2) Schedule 8 contains repeals.
Commencement Information
I3Art. 60 partly in operation; art. 60 not in operation at date of making see art. 1(3); art. 60(1) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 3(c); art. 60 in operation for certain purposes at 12.10.2009 by S.R. 2009/304, art. 3(c); art. 60 in operation for certain purposes at 12.10.2009 by S.R. 2009/346, art. 3, Sch.; art. 60(2) in operation for certain purposes at 12.10.2009 by S.R. 2009/346, art. 4; art. 60(2) in operation for certain purposes at 7.4.2010 by S.R. 2010/145, art. 3
61.—(1) An order or regulations under this Order may include—
(a)such supplementary, incidental or consequential provision, or
(b)such transitory, transitional or saving provision,
as the Secretary of State thinks necessary or expedient.
(2) The Secretary of State may by order make such further provision as he considers appropriate—
(a)for the general purposes, or any particular purpose, of this Order;
(b)in consequence of any provision made by this Order;
(c)for giving full effect to this Order or any provision made by it.
(3) An order or regulations under this Order may amend, repeal, revoke or otherwise modify any statutory provision (including this Order).
(4) Nothing in this Order affects the generality of the power conferred by this Article.