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Licensing Act 2003

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This is the original version (as it was originally enacted).

170Exemption of police from liability for damages

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(1)A constable is not liable for relevant damages in respect of any act or omission of his in the performance or purported performance of his functions in relation to a closure order or any extension of it.

(2)A chief officer of police is not liable for relevant damages in respect of any act or omission of a constable under his direction or control in the performance or purported performance of a function of the constable’s in relation to a closure order or any extension of it.

(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).

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

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