93DLiability of institutions which are public sector bodies

93D Liability of institutions which are public sector bodies

In the case of an institution that is a public sector body within the meaning of the Public Administration Act 2004 or another person or body acting on behalf of the State—

(a) if the institution is capable in law of being sued, the institution is the appropriate defendant for the purposes of a claim brought in reliance on the statutory liability in section 93C; and

(b) if the institution is not capable in law of being sued, the State is the appropriate defendant for the purposes of a claim brought in reliance on the statutory liability in section 93C; and

(c) any liability incurred by that institution by reason of section 93C is incurred by the State.

Pt 14 (Heading and s. 94) inserted by No. 27/2018 s. 351(Sch. 4 cl. 24).

Part XIV—Transitional Provision

S. 94 inserted by No. 27/2018 s. 351(Sch. 4 cl. 24).

94 Saving of orders continued in effect after commencement by Serious Offenders Act 2018

(1) Despite the amendment of section 28LAE(1) by section 370 of the Serious Offenders Act 2018, section 28LAE(1)(a)(iv) has effect, on and after the commencement day, as if a reference in that section to a detention order or interim detention order within the meaning of the Serious Offenders Act 2018 included a reference to a detention order or an interim detention order that is continued in force by subclause 4(1) of Schedule 4 to the Serious Offenders Act 2018.

(2) In this section—

commencement day means the day on which section 370 of the Serious Offenders Act 2018 comes into operation.

Schedule

Section 2.