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Provide that public authorities and public servants shall not be subject to any |
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criminal or civil penalty as a result of the exercise of reasonable discretion in |
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the performance of their functions; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Protection from penalties: public authorities |
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A public authority or its servants or agents shall not be subject to any criminal |
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liability and shall be indemnified from any action for breach of statutory duty, |
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malfeasance or negligence in respect of any action taken (or intentionally not |
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taken) in good faith as a result of the exercise of reasonable discretion in the |
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public interest (but this is not to be construed as offering protection against any |
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action of gross negligence or recklessness). |
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2 | Protection from penalties: public servants |
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(1) | Any servant, agent or person acting on behalf of a public authority shall not be |
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subject to any criminal liability and shall be indemnified from any action for |
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breach of statutory duty, malfeasance or negligence in respect of any action |
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taken (or intentionally not taken) in good faith as a result of the exercise of |
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reasonable discretion, provided that the action was taken (or not taken) in the |
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public interest, and did not amount to gross negligence or recklessness. |
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(2) | A public authority may not dismiss an employee or subject an employee to |
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disciplinary proceedings solely as a consequence of circumstances in which |
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that employee acted (or intentionally did not act) in good faith by exercising |
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reasonable discretion in the public interest, unless the action (or failure to act) |
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amounted to gross negligence or recklessness. |
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3 | Contracts for public services |
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No action may be brought by any party to a contract for the supply of services |
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to a public authority for any breach of that contract in relation to any act done |
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(or intentionally not done) by a party to the contract if that act was done (or not |
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done) in good faith as a result of the exercise of reasonable discretion in the |
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public interest, provided that the action done (or not done) did not amount to |
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a fundamental breach of that contract. |
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(a) | any government department or agency; |
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(b) | any non-departmental public body; |
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(c) | any body or agency of the devolved administrations in Wales |
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(d) | any local authority, as defined by section 1 of the Local |
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Government Act 2000 (c. 22); |
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(e) | any body designated as part of the National Health Service; |
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(f) | any police authority; |
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(g) | any of the above acting together; |
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“servants or agents” of a public authority includes any person acting |
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under a contract for the supply of services to that authority in respect |
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of the delivery of those services. |
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Nothing in this Act shall be construed as disapplying any provision of the |
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Human Rights Act 1998 (c. 42). |
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6 | Short title, commencement and extent |
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(1) | This Act may be cited as the Exercise of Reasonable Discretion Act 2009. |
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(2) | This Act comes into force on the second day of December 2009. |
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(3) | This Act does not extend to Northern Ireland. |
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