Provisions relating to the local forces

(1) Nothing done or omitted to be done by a member of the local forces while on duty as such shall subject either him or the Crown to liability in tort for causing the death of another person, or for causing personal injury to another person, in so far as the death or personal injury is due to anything suffered by that other person while he is a member of the local forces, if– (a) at the time when that thing is suffered by that other person, he is either on duty as a member of the local forces or is, though not on duty as such, on any land, premises, ship, aircraft or vehicle for the time being used by or for the purposes of the local forces; and (b) the Financial Secretary certifies that the Minister has granted a pension to his dependents in respect of his death, or a pension or additional pension to him in respect of his personal injury in accordance with the Pensions Act, or that he or his dependents will receive an award of compensation in respect of his personal injury or his death, as the case may be, under any other enactment, CAP. 30. 12 Crown Proceedings Act provided that this sub-section shall not exempt a member of the local forces from liability in tort in any case in which the court is satisfied that the act or omission was not connected with the execution of his duties as a member of the local forces. (2) No proceedings in tort shall lie against the Crown for death or personal injury due to anything suffered by a member of the local forces if– (a) that thing is suffered by him in consequence of the nature or condition of any such land, premises, ship, aircraft or vehicle as aforesaid, or in consequence of the nature or condition of any equipment or supplies used by or for the purposes of the local forces; and (b) the Financial Secretary certifies as mentioned in sub-section (1), nor shall any act or omission of an officer of the Crown subject him to liability in tort for death or personal injury, in so far as the death or personal injury is due to anything suffered by a member of the local forces, being a thing as to which the conditions aforesaid are satisfied. (3) The Minister, if satisfied that it is the fact that– (a) a person was or was not on any particular occasion on duty as a member of the local forces; or (b) at any particular time any land, premises, ship, aircraft, vehicle, equipment or supplies was or was not, or were or were not, used by or for the purposes of the local forces, may issue a certificate certifying that to be the fact, and any such certificate shall, for the purposes of this section, be conclusive as to the fact which it certifies. Crown Proceedings Act 13