Electoral (Amendment) Act 2004
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Indemnification of Commission and certain other persons. |
29.—(1) The Government shall, on such terms as it thinks appropriate, indemnify the Commission and each of its members against all actions and claims however they arise in respect of the performance by the Commission or a member of it of functions under this Part. | |
(2) The costs of any indemnification under subsection (1) shall, to such extent as may be determined by the Minister and the Minister for Finance, be met in the same manner as section 25 provides that the expenses of the Commission shall be met. | ||
(3) The Commission may, with the consent of the Minister for Finance and subject to any conditions that the Minister for Finance specifies in the consent, indemnify, on such terms as it thinks appropriate— | ||
(a) any person against any loss or damage in respect of intellectual property rights or other loss or damage that may arise from the performance by it of functions under this Part, or | ||
(b) any person against all actions or claims however they arise in respect of any act or omission of that person if it considers such indemnification of that person to be necessary or expedient for the purpose of the performance by it of functions under this Part. | ||
(4) References in this section to the performance by the Commission or a member of it of functions under this Part shall be deemed to include references to activities undertaken by the Commission or the member, before the passing of this Act, in fulfilment or purported fulfilment of the terms of reference as set out in Schedule 5 to this Act (including those terms as they are to be construed in accordance with section 21 (b)); accordingly an indemnity under this section may be given in respect of an act done or an omission made before the passing of this Act, including in respect of any damage resulting from such an act or omission. | ||
(5) For the avoidance of doubt, nothing in the Insurance Acts 1909 to 2000, regulations made under those Acts or regulations relating to insurance made under the European Communities Act 1972 shall affect anything required or authorised to be done by this section. |