45.—(1) An officer of a relevant body is not personally liable in respect of any act done by him or her—
(a)in the execution or purported execution of the Official Control Regulations; and
(b)within the scope of his or her employment,
if the officer did that act in the honest belief that his or her duty under the Official Control Regulations required or entitled the officer to do it.
(2) Nothing in paragraph (1) is to be construed as relieving any relevant body of any liability in respect of the acts of their officers.
(3) Where an action has been brought against an officer of a relevant body in respect of an act done by the officer—
(a)in the execution or purported execution of the Official Control Regulations; but
(b)outside the scope of his or her employment,
the authority 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 they are satisfied that the officer honestly believed that the act complained of was within the scope of his or her employment.
(4) In so far as a food authority is a relevant body for the purposes of this regulation, a public analyst appointed by a food authority must be treated for the purposes of this regulation as being an officer of the authority, whether or not the analyst’s appointment is a whole-time one.
(5) In this regulation “relevant body” means a body acting as—
(a)a competent authority;
(b)an enforcement authority as defined in regulation 22; or
(c)a relevant enforcement authority.