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The Common Agricultural Policy (Wine) (Wales) Regulations 2001

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Authorised officer acting in good faith

11.—(1) An authorised officer shall not be personally liable in respect of any act done in the execution or purported execution of these Regulations and within the scope of his or her employment, if—

(a)in relation to an act done by him or her, he or she did that act in the honest belief that these Regulations required or empowered him or her to do it, and

(b)in relation to an act of a person accompanying him or her and acting under his or her instructions, he or she honestly believed that these Regulations empowered him or her to instruct that person to do it.

(2) A person accompanying an authorised officer shall not be personally liable in respect of any act done by him or her in the execution or purported execution of these Regulations, if—

(a)he or she did that act on the instructions of the authorised officer, and

(b)he or she honestly believed that these Regulations empowered the authorised officer to give him or her those instructions.

(3) Nothing in paragraph (1) above shall be construed as relieving an enforcement authority from any liability in respect of the acts of its authorised officers.

(4) Where an action has been brought against an authorised officer in respect of an act done by him or her in the execution or purported execution of these Regulations and the circumstances are such that he or she is not legally entitled to require the enforcement authority to indemnify him or her, the authority may, nevertheless, indemnify him or her against the whole or part of any damages and costs, if that authority is satisfied that he or she honestly believed the act complained of was within the scope of his or her employment and that his duty under these Regulations required or entitled him or her to do it.

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