Section 18

The Secretary of State or the Treasury may by regulations provide that a person listed in subsection (2) is not liable in damages for anything done or omitted to be done in the exercise of functions conferred by or under regulations made under this Part. Those persons are— a public authority; a member, officer or member of staff of a public authority; a person who could be held vicariously liable for things done or omitted to be done by a public authority. Regulations under this section may not— make provision removing liability for an act or omission which is shown to have been in bad faith, or make provision 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.

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Source: legislation.gov.uk · retrieved 2026-09-04