Page:Corporate Manslaughter and Corporate Homicide Act 2007.pdf/7

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) :“statutory function” means a function conferred by or under a statutory provision.

4 Military activities

(1) Any duty of care owed by the Ministry of Defence in respect of—
 * (a) operations within subsection (2),
 * (b) activities carried on in preparation for, or directly in support of, such operations, or
 * (c) training of a hazardous nature, or training carried out in a hazardous way, which it is considered needs to be carried out, or carried out in that way, in order to improve or maintain the effectiveness of the armed forces with respect to such operations,

is not a “relevant duty of care”.

(2) The operations within this subsection are operations, including peacekeeping operations and operations for dealing with terrorism, civil unrest or serious public disorder, in the course of which members of the armed forces come under attack or face the threat of attack or violent resistance.

(3) Any duty of care owed by the Ministry of Defence in respect of activities carried on by members of the special forces is not a “relevant duty of care”.

(4) In this section “the special forces” means those units of the armed forces the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which are for the time being subject to the operational command of that Director.

5 Policing and law enforcement

(1) Any duty of care owed by a public authority in respect of—
 * (a) operations within subsection (2),
 * (b) activities carried on in preparation for, or directly in support of, such operations, or
 * (c) training of a hazardous nature, or training carried out in a hazardous way, which it is considered needs to be carried out, or carried out in that way, in order to improve or maintain the effectiveness of officers or employees of the public authority with respect to such operations,

is not a “relevant duty of care”.

(2) Operations are within this subsection if—
 * (a) they are operations for dealing with terrorism, civil unrest or serious disorder,
 * (b) they involve the carrying on of policing or law-enforcement activities, and
 * (c) officers or employees of the public authority in question come under attack, or face the threat of attack or violent resistance, in the course of the operations.

(3) Any duty of care owed by a public authority in respect of other policing or law enforcement activities is not a “relevant duty of care” unless it falls within section 2(1)(a), (b) or (d).

(4) In this section “policing or law-enforcement activities” includes—
 * (a) activities carried on in the exercise of functions that are—