Section 116: Officer acting in good faith.

Food Act 1984 · 1984 c. 30View on legislation.gov.uk

Part VII: General and Supplemental

An officer of a council is not personally liable in respect of any act done by him—

in the execution or purported execution of this Act, and
within the scope of his employment,

if he did that act in the honest belief that his duty under this Act required or entitled him to do it.

Nothing in subsection (1) shall be construed as relieving a council from any liability in respect of the acts of their officers.

Where—

an action has been brought against an officer of a council in respect of an act done by him in the execution or purported execution of this Act, and
the circumstances are such that he is not legally entitled to require the council to indemnify him,
that he honestly believed that the act complained of was within the scope of his employment; and
that his duty under this Act required or entitled him to do it.

the council may, nevertheless, indemnify him against the whole or a part of any damages and costs which he may have been ordered to pay or may have incurred, if they are satisfied—

A public analyst appointed by a food and drugs authority shall for the purposes of this section be treated as being an officer of the authority whether or not he is employed whole-time.

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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.