Policing, Security and Community Safety Act 2024

Liability for loss on part of Policing Authority occurring before establishment day of Authority

161. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, before the establishment day of the Authority, of any of the functions of the Policing Authority shall, on and after that day, lie against the Authority and not against the Policing Authority.

(2) Any legal proceedings pending immediately before the establishment day of the Authority, to which the Policing Authority is a party, shall be continued on and after that day, with the substitution in the proceedings of the Authority, in so far as they relate to such party, for the Policing Authority.

(3) Where, before the establishment day of the Authority, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they were, before that day, enforceable against the Policing Authority, be enforceable against the Authority and not the Policing Authority.

(4) Any claim made or proper to be made by the Policing Authority in respect of any loss or injury arising from the act or default of any person before the establishment day of the Authority shall, on and after that day, be regarded as having been made by or proper to be made by the Authority and may be pursued and sued for by the Authority as if the loss or injury had been suffered by the Authority.