PART IIICONTRACTING OUT

Effect of contracting outC113

1

This Article applies where by virtue of this Part, or any provision amended by Part IV, a person is authorised to exercise any function of a Department or other person.

2

Subject to paragraph (3), anything done or omitted to be done by or in relation to the authorised person (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done in the case of a function of a Department or other person, by or in relation to the Department or person in its or his capacity as such.

3

Paragraph (2) does not apply—

a

for the purposes of so much of any contract made between the authorised person and the Department or other person as relates to the exercise of the function, or

b

for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of his).