Section 29C — Tribunals, Courts and Enforcement Act 2007: Protection of authorised persons

Protection of authorised persons 29C 1 No action lies against an authorised person in respect of what the person does or omits to do—

a in the execution of the person's duty as an authorised person exercising, by virtue of paragraph 3 of Schedule 5, functions of a tribunal, and b in relation to a matter within the person's jurisdiction.

2 An action lies against an authorised person in respect of what the person does or omits to do—

a in the purported execution of the person's duty as an authorised person exercising, by virtue of paragraph 3 of Schedule 5, functions of a tribunal, but b in relation to a matter not within the person's jurisdiction, if, but only if, it is proved that the person acted in bad faith.

3 If an action is brought in a court in Scotland in circumstances in which subsection (1) or (2) provides that no action lies, the court in which the action is brought—

a may, on the application of the defender, dismiss the action, and b if it does so, may find the person bringing the action liable in expenses.

4 If an action is brought in any other court in circumstances in which subsection (1) or (2) provides that no action lies, the court in which the action is brought—

a may, on the application of the defendant, strike out the proceedings in the action, and b if it does so, may if it thinks fit order the person bringing the action to pay costs.