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Exemption From Liability In Relation To Graffiti Removal Notices

Volume 407: debated on Tuesday 24 June 2003

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'(1) None of the persons mentioned in subsection (2) is to have any liability for damages or otherwise (whether at common law or otherwise) arising out of anything done or omitted to be done in the exercise or purported exercise of—

  • (a) the power ander subsection (4) of section (Graffiti removal notices) (including as provided for in subsection (5) of that section), or
  • (b) the power under subsection (7) of that section.
  • (2) Those persons are—

  • (a) in the case of the power mentioned in subsection (1)(a)—
  • (i) the local authority and any employee of the authority, and
  • (ii) any person authorised by the authority under section (Graffiti removal notices) (4) and the employer or any employee of that person, and
  • (b) in the case of the power mentioned in subsection (1)(b), the local authority and any employee of the authority.
  • (3) Subsection (1) does not apply—

  • (a) if the act or omission is shown to have been in bad faith;
  • (b) to liability arising out of a failure to exercise due care and attention;
  • (c) 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 by virtue of section 6(1) of the Human Rights Act 1998 (c. 42);
  • (d) to liability that any person mentioned in subsection (2) may have to any employee of his.
  • (4) This section does not affect any other exemption from liability (whether at common law or otherwise).'.— [Mr. Heppell.]

    Brought up, read the First and Second time, and added to the Bill.