Section 48 — Fair Trading Act 1986: Proceedings privileged

48 Proceedings privileged (1) No proceedings, civil or criminal, shall lie against the Commission for anything it may do or fail to do in the course of the exercise or intended exercise of its functions under this Act unless it is shown that the Commission acted without reasonable care or in bad faith. (2) No proceedings, civil or criminal, lie against any member of the Commission, or any officer or employee of the Commission, or any member of a committee of the Commission, for anything that person may do or say or fail to do or say in the course of the operations of the Commission, unless it is shown that the person acted in bad faith. (3) Nothing in subsections (1) and (2) of this section applies in respect of proceedings for— (a) An offence against section 78 or section 78A or section 105 or section 105A of the Crimes Act 1961 ; or (b) The offence of conspiring to commit an offence against section 78 or section 78A or section 105 or section 105A of the Crimes Act 1961 ; or (c) The offence of attempting to commit an offence against section 78 or section 78A or section 105 or section 105A of the Crimes Act 1961 . (4) Section 59(3) of the Crown Entities Act 2004 (which provides that a statutory entity may bring an action against a member for breach of an individual duty) does not apply, unless it is shown by the Commission that the person acted in bad faith. (5) Sections 122 to 126 of the Crown Entities Act 2004 apply as if the conduct for which a person may be indemnified or insured under those sections were conduct that is covered by the protection from liability in this section. (6) This section contains an exception to section 121 of the Crown Entities Act 2004 . Subsection (2) was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115). Subsections (4) to (6) were inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).