Forest and Rural Fires Act 1977
052
Commenced: 1 Apr 1979
IV: General Provisions
56
Saving of Fire Authorities and Fire Officers, etc., from liability in certain cases
56. Saving of Fire Authorities and Fire Officers, etc., from liability
in certain cases---(1) No action or proceedings shall be brought against
the Crown or any Fire Authority or any officer, servant, or employee of
any of them, or against any brigade or officer, servant, employee or
member of a brigade, or any person whatsoever, to recover damages for
any damage to property occasioned by an officer, servant or employee of
the Crown or of a Fire Authority, or any officer, servant, employee or
member of a fire brigade, or any other person in the performance in good
faith of his functions or duties or the exercise in good faith of his
powers under this Act or under any other enactment:
Provided that nothing in this subsection shall relieve any of them
against or in any way affect the liability of any of them for any damage
to property caused by or in connection with the use of any fire engine
or other motor vehicle for transport purposes.
(2) In any action or proceeding taken against the Crown, or any Fire
Authority, or any officer, servant, or employee of any of them, or
against any brigade or officer, servant, employee or member of a brigade
for their failure or neglect to make, or their negligence in making,
adequate provision for fire control, it shall be a defence to show that
the provisions made were in accordance with a fire plan approved by the
Crown or by the Authority or with a current Fire Service Code of
Practice or similar requirement in respect of a brigade, and that the
officers, servants, members, or employees had complied with all relevant
requirements and instructions of the Crown or Authority or the brigade.
Cf. 1955, No. 44, s. 52; 1975, No. 42, s. 43