Section 97B(3)

Subsection (1) above does not apply— if the act or omission is shown to be in bad faith; to liability arising out of a failure to exercise due care and attention; so as to prevent an award of damages 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.

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Source: legislation.gov.uk · retrieved 2026-07-30