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46.(1) An officer of the Service shall not be personally liable in respect of any act done by him in the execution of any function of the Service and within the scope of his employment if he acted reasonably and in the honest belief that his duty required or empowered him to do it; but nothing in this paragraph shall be construed as relieving the Service of any liability in respect of acts of its officers. (2) Where an action has been brought against an officer of the Service in respect of an act done by him in the execution or purported execution of any such function and the circumstances are such that he is not legally entitled to require the Service to indemnify him, the Service may nevertheless indemnify him against the whole or a part of any damages or costs which he may have been ordered to pay or may have incurred, if the Service is satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty required or empowered him to do it.
© 1972 Crown Copyright
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