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Section 9: Exemption from liability for certain damages

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This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.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 1: Premises where drugs used unlawfully

REPEALED on 2014-10-20 by Anti-social Behaviour, Crime and Policing Act 2014.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

A constable is not liable for relevant damages in respect of anything done or omitted to be done by him in the performance or purported performance of his functions under this Part.

A chief officer of police is not liable for relevant damages in respect of anything done or omitted to be done by a constable under his direction or control in the performance or purported performance of the constable’s functions under this Part.

Subsections (1) and (2) do not apply—

if the act or omission is shown to have been in bad faith;
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 for damages (whether at common law or otherwise).

Relevant damages are damages in proceedings for judicial review or for the tort of negligence or misfeasance in public duty.

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.