Part V Protection and indemnification of justices and justices’ clerks

52 Immunity for certain acts beyond jurisdiction.

F1(1)

An action shall lie against any justice of the peace or justices’ clerk in respect of any act or omission of his—

(a)

in the purported execution of his duty—

(i)

as such a justice; or

(ii)

as such a clerk exercising, by virtue of any statutory provision, any of the functions of a single justice; but

(b)

with respect to a matter which is not within his jurisdiction,

if, but only if, it is proved that he acted in bad faith.

F2(2)

In this section references to a justices’ clerk include any person appointed by a magistrates’ courts committee to assist a justices’ clerk.