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Change 1
As published
29C Protection of authorised persons
(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.
Your change, as a redline
29C Protection of authorised persons
(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.
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