151Indemnity of persons authorised by Rail Safety Regulator and rail safety officers

151 Indemnity of persons authorised by Rail Safety Regulator and rail safety officers

(1) An authorised person does not incur civil liability for an act or omission done honestly and in good faith in the course of exercising his or her powers under this Act. (2) A liability that would, apart from sub‑section (1), attach to an authorised person attaches instead to— (a) the Rail Safety Regulator or rail safety officer that authorised the authorised person, if the authorised person was at the relevant time subject to the control and direction of the Rail Safety Regulator or rail safety officer (as the case requires) in connection with the exercise of the power concerned; or (b) a corresponding Rail Safety Regulator, if the authorised person was at the relevant time subject to the control and direction of the corresponding Rail Safety Regulator in connection with the exercise of the power concerned; or (c) the authorised person’s employer, if the authorised person was at the relevant time— (i) not subject to the control and direction of the Rail Safety Regulator or a corresponding Rail Safety Regulator (as the case requires) in connection with the exercise of the power concerned; and (ii) acting in the capacity of an employee of that employer; or (d) in any other case—the Crown in right of this jurisdiction. (3) If— (a) a prescribed corresponding law of another jurisdiction provides that a liability that would, apart from a provision of that law, attach to an authorised person (within the meaning of section [ ] of that corresponding law) attaches instead to the Rail Safety Regulator; and (b) the authorised person was at the relevant time subject to the control and direction of the Rail Safety Regulator in connection with the exercise of the power concerned— the liability accordingly attaches to the Rail Safety Regulator by force of this section.

Note: Sub‑section (3) is intended to complement and give effect to a provision of a corresponding law that transfers liability to the Rail Safety Regulator of this jurisdiction, but only where the corresponding law is prescribed by the regulations.

(4) In this section—

authorised person means any person authorised by the Rail Safety Regulator or rail safety officer under a provision of this Act to do the act or thing provided for in that provision.

Note: Local variations according to policy on indemnities and immunities.