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PART 4Duties of execution and enforcement

Duty to enforce

20.  It is the duty of DARD to execute and enforce the provisions of these Regulations and Regulation 183/2005.

Protection of authorised officers acting in good faith

21.—(1) An authorised officer is not personally liable in respect of any act done—

(a)in the execution or purported execution of these Regulations; and

(b)within the scope of the officer’s employment,

if the officer did that act in the honest belief that the duty under these Regulations required or entitled the officer to do it.

(2) Nothing in paragraph (1) is to be construed as relieving DARD of any liability in respect of the acts of its officers.

(3) Where an action has been brought against an authorised officer in respect of an act done —

(a)in the execution or purported execution of these Regulations; but

(b)outside the scope of the officer’s employment,

the authority may indemnify the officer against the whole or a part of any damages ordered to be paid or any costs incurred if it is satisfied that the officer honestly believed that the act complained of was within the scope of the officer’s employment.

(4) An agricultural analyst is to be treated for the purposes of this regulation as being an authorised officer, whether or not the appointment is a whole-time one.