LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 48 Protection for officer acting in execution of duty.

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LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 48

Protection for officer acting in execution of duty.

48.(1) An officer of a council shall not be personally liable in respect of
any act done by him in the execution of any function of the council and within
the scope of his employment if he acted reasonably and in the honest belief
that his duty required or empowered him to do it; but nothing in this
subsection shall be construed

(a)as relieving a council of any liability in respect of acts of its officers;
or

(b)as exempting any officer of a council from being surcharged in accordance
with the succeeding provisions of this Act.

(2) Where an action has been brought against an officer of a council in
respect of an act done by him in the execution or purported execution of any
such function and the circumstances are such that he is not legally entitled
to require the council to indemnify him, the council may nevertheless
indemnify him against the whole or a part of any damages or costs which he may
have been ordered to pay or may have incurred, if the council is satisfied
that he honestly believed that the act complained of was within the scope of
his employment and that his duty required or empowered him to do it.

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Northern Irish Legislation

LOCAL GOVERNMENT ACT (NORTHERN IRELAND) 1972 - SECT 48