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The Official Feed and Food Controls (Scotland) Regulations 2005

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Protection of officers acting in good faith

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46.—(1) An officer of a competent authority, a relevant enforcement authority or an enforcement authority within the meaning of regulation 23, is not personally liable in respect of any act done by that officer–

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

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

if the officer did that act in the honest belief that the officer’s duties under the Official Controls Regulations required or entitled it to be done.

(2) Nothing in paragraph (1) shall be construed as relieving any such authority of any liability in respect of the acts of its officers.

(3) Where an action has been brought against an officer in respect of an act done by that officer outside the scope of the officer’s duties referred to in paragraph (1)(a) above, the authority concerned may indemnify the officer against the whole or a part of any damages which the officer has been ordered to pay or any costs which the officer may have incurred if it is satisfied that the officer honestly believed that the act complained of was within the scope of the officer’s duties.

(4) A public analyst appointed by a food authority shall be treated for the purposes of this regulation as being an officer of that authority, whether or not that analyst’s appointment is a whole–time one.

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