Environment Act 1995

[F1109L.Exemption from liabilityE+W

(1)The appropriate agency is not liable for damages arising out of anything done or omitted to be done by the appropriate agency in the exercise or purported exercise of a power under sections 109A to 109D, 109F to 109I and 109K in proceedings for—

(a)judicial review, or

(b)the tort of negligence or misfeasance in public office.

(2)Subsection (1) does not apply to an act or omission shown to have been in bad faith.

(3)Subsection (1) does not apply 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.

(4)This section does not affect any other exemption from liability (whether at common law or otherwise).]

Textual Amendments