PART 2LACK OF CAPACITY: PROTECTION FROM LIABILITY, AND SAFEGUARDS

CHAPTER 9DEFINITIONS FOR PURPOSES OF PART 2

Meaning of “emergency”

Failure by persons other than D to take steps to ensure safeguard met67

(1)

This section has effect in relation to section 65(2) in a case where D is an employee of a person (“E”).

(2)

For the purposes of determining whether E is liable in relation to an act done in a situation falling within section 65(2), any reference in section 65(3) or 66(5) to “D” includes any other employee of E.

(3)

Any person for whose acts another person may be vicariously liable is to be treated for the purposes of this section as an employee of that other person.