Schedule 2SScottish Pubs Code Adjudicator

Part 1 SStatus and liability

Legal personalityS

1SThe adjudicator is, as such, to be regarded as a juristic person distinct from the person holding the office.

Commencement Information

I1Sch. 2 para. 1 in force at 30.4.2024 by S.S.I. 2024/113, reg. 2(c)

Exclusion of Crown StatusS

2(1)The adjudicator—S

(a)is not a servant or agent of the Crown, and

(b)does not enjoy any status, immunity or privilege of the Crown.

(2)Individuals working as the adjudicator's staff are not, on that account, to be regarded as civil servants.

Commencement Information

I2Sch. 2 para. 2 in force at 30.4.2024 by S.S.I. 2024/113, reg. 2(c)

Exemption from liability for damagesS

3(1)The following are exempt from liability in damages for any act or omission in the exercise (or purported exercise) of their functions—S

(a)the adjudicator,

(b)persons working as the adjudicator's staff.

(2)Sub-paragraph (1) does not exempt a person from liability for doing, or not doing, something that is shown to have been done, or as the case may be not done, in bad faith.

(3)Sub-paragraph (1) does not prevent an award of damages being made in respect of an act or omission on the ground that it was unlawful as a result of section 6(1) of the Human Rights Act 1998.

Commencement Information

I3Sch. 2 para. 3 in force at 30.4.2024 by S.S.I. 2024/113, reg. 2(c)