sec.43Vicarious liability of public sector entity

### sec.43 Vicarious liability of public sector entity If any of a public sector entity’s employees contravenes section 40 in the course of employment, both the public sector entity and the employee, as the case may be, are jointly and severally civilly liable for the contravention, and a proceeding under section 42 may be taken against either or both. It is a defence to a proceeding against a public sector entity under section 42 if the public sector entity proves, on the balance of probabilities, that the public sector entity took reasonable steps to prevent the employee contravening section 40 . In this section— public sector entity includes a GOC. s 43 amd 2013 No. 19 s 120 sch 1 ; 2012 No. 33 s 192 sch (sec.43-ssec.1) If any of a public sector entity’s employees contravenes section 40 in the course of employment, both the public sector entity and the employee, as the case may be, are jointly and severally civilly liable for the contravention, and a proceeding under section 42 may be taken against either or both. (sec.43-ssec.2) It is a defence to a proceeding against a public sector entity under section 42 if the public sector entity proves, on the balance of probabilities, that the public sector entity took reasonable steps to prevent the employee contravening section 40 . (sec.43-ssec.3) In this section— public sector entity includes a GOC.