Section 52: Exemption from liability in relation to defacement removal notices

Anti-social Behaviour Act 2003 · 2003 c. 38View on legislation.gov.uk

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

Part 6: The environment

REPEALED on 2014-10-20 by Anti-social Behaviour, Crime and Policing Act 2014.

The text below is from the dated revised snapshot immediately preceding this status change. It is historical and is not current law. View the historical source.

None of the persons mentioned in subsection (2) is to have any liability to any person responsible for the relevant surface for damages or otherwise (whether at common law or otherwise) arising out of anything done or omitted to be done in the exercise or purported exercise of—

the power under subsection (4) of section 48 (including as provided for in subsection (5) of that section), or
the power under subsection (8) of that section.

Those persons are—

in the case of the power mentioned in subsection (1)(a)—
the local authority and any employee of the authority, and
any person authorised by the authority under section 48(4) and the employer or any employee of that person, and
in the case of the power mentioned in subsection (1)(b), the local authority and any employee of the authority.

Subsection (1) does not apply—

if the act or omission is shown to have been in bad faith;
to liability arising out of a failure to exercise due care and attention;
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 by virtue of section 6(1) of the Human Rights Act 1998 (c. 42).

This section does not affect any other exemption from liability (whether at common law or otherwise).

Section 48(11) is to apply for the purposes of this section as it applies for the purposes of that section.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.