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Local Government Act (Northern Ireland) 1972

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Changes over time for: Section 48

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Version Superseded: 01/04/2006

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F148Protection for officer acting in execution of duty.N.I.

F2(1)An officer of a council shall not be personally liable in respect of any act done by him in the execution of any function of the council and within the scope of his employment if he acted reasonably and in the honest belief that his duty required or empowered him to do it; but nothing in this subsection shall be construed—

(a)as relieving a council of any liability in respect of acts of its officers; or

(b)as exempting any officer of a council from[F3 the operation of sections 81 and 82].

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

F1prosp. rep. by 2005 NI 18

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