Part 3 E+WLitter and refuse

GeneralE+W

25Exclusion of liabilityE+W

In the Environmental Protection Act 1990 (c. 43), after section 97A (as inserted by section 24 above) insert—

“97BExclusion of liability

(1)None of the persons mentioned in subsection (2) below is to have any liability to an occupier or owner of land 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 in section 92(9), 92A(9) or 92C(3) above.

(2)Those persons are—

(a)the principal litter authority and any employee of the authority; and

(b)in the case of the power in section 92C(3) above, any person authorised by the authority under that provision and the employer or any employee of that person.

(3)Subsection (1) above does not apply—

(a)if the act or omission is shown to be in bad faith;

(b)to liability arising out of a failure to exercise due care and attention;

(c)so as to prevent an award of damages 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.

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