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Consumers, Estate Agents and Redress Act 2007

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This is the original version (as it was originally enacted).

Exemption from liability in damages

This section has no associated Explanatory Notes

38(1)This paragraph applies to—

(a)the Council;

(b)a member of the Council;

(c)a member of any territorial committee, regional committee or other committee or sub-committee of the Council;

(d)the Chief Executive or any other member of the Council’s staff.

(2)A person to whom this paragraph applies is not liable in damages for anything done or omitted in the exercise or purported exercise of the functions of the Council conferred by or by virtue of this or any other enactment.

(3)But sub-paragraph (2) does not apply—

(a)if it is shown that the act or omission was in bad faith, or

(b)so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful as a result of section 6(1) of the Human Rights Act 1998 (c. 42).

(4)In this paragraph “enactment” means—

(a)an Act of Parliament,

(b)an Act of the Scottish Parliament,

(c)a Measure or Act of the National Assembly for Wales, or

(d)Northern Ireland legislation,

whenever passed or made.

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