Local Government (Scotland) Act 1947

103 Protection for officer of local authority acting in execution of duty.

(1) An officer of a local authority shall not be personally liable in respect of any act done by him in the execution of any enactment or statutory order relating to a function of the authority and within the scope of his employment, if he acted reasonably and in the honest belief that his duty under such enactment or statutory order required or entitled him to do it:

Provided that nothing in this subsection shall be construed—

(a) as relieving a local authority from any liability in respect of acts of their officers, or

(b) as exempting any officer of a local authority from being surcharged in accordance with the provisions of Part X of this Act.

(2) Where an action has been brought against an officer of a local authority in respect of an act done by him in the execution or purported execution of any such enactment or statutory order and the circumstances are such that he is not legally entitled to require the authority to indemnify him, the authority may nevertheless indemnify him against the whole or a part of any damages or expenses which he may have been ordered to pay or may have incurred if they are satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty under such enactment or order required or entitled him to do it.