PART 2STHE FRANCHISE AND ITS EXERCISE

Breach of official dutyS

28.—(1) If a person to whom this article applies is, without reasonable cause, guilty of any act or omission in breach of that person’s official duty, that person shall be liable on summary conviction to a fine not exceeding the amount specified as level 5 on the standard scale.

(2) No person to whom this article applies shall be liable for breach of that person’s official duty to any penalty at common law, and no action for damages shall lie in respect of the breach by such a person of that person’s official duty.

(3) The persons to whom this article applies are—

(a)any ERO, CRO, RRO or presiding officer;

(b)any depute of such a person; and

(c)any person appointed to assist or in the course of that person’s employment assisting a person mentioned in sub-paragraphs (a) or (b) in connection with the official duties of the person so mentioned.

(4) “Official duty” shall not, for the purpose of this article, include duties imposed otherwise than by this Order.

Commencement Information

I1Art. 28 in force at 16.12.2015 in accordance with art. 1(1)