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Commons2nd reading
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Exercise of Reasonable Discretion Bill

A Bill to provide that public authorities and public servants shall not be subject to any criminal or civil penalty as a result of the exercise of reasonable discretion in the performance of their functions; and for connected purposes.

What this bill does

The Bill aims to ensure that public authorities and public servants would not be subject to any criminal or civil penalty as a result of the exercise of reasonable discretion in the performance of their functions. Its provisions would cover public authorities, public servants and contracts for public services. The term public authority is defined by the Bill and includes the NHS, the police, local and central and devolved Government and non-departmental public bodies. The formal intent of the Bill is to indemnify public servants, central government, local government and other public agencies from legal action if they take decisions in good faith, as a result of the exercise of reasonable discretion, in the public interest.

Originating House

House of Commons

Parliament last updated

23 June 2009

In Plain English

AI-generated

May contain errors — check source documents for definitive information.

The Bill would protect public bodies and their staff from criminal or civil penalties if they act in good faith and use reasonable discretion in performing their duties. It would also cover organisations delivering public services under contract and defines a broad range of public authorities, including the NHS, the police, and both central and devolved governments. In short, it indemnifies public decision-makers from legal action when they act in the public interest.

Key Points

  • Protects public authorities and public servants from criminal or civil penalties for decisions made in good faith using reasonable discretion.
  • Extends to contracts for public services, covering organisations delivering those services.
  • Defines "public authority" to include the NHS, the police, central and local governments, devolved administrations, and non-departmental public bodies.
  • Emphasises decisions made in the public interest and good faith; does not grant blanket immunity for all actions.
  • Aims to indemnify public staff from legal action arising from discretionary decisions taken in the public interest.

Progress

The Bill is currently at the second reading stage in the House of Commons and originated in the Commons.

Who is affected?

Public authorities (including the NHS, the police, central and local government, devolved administrations, and non-departmental public bodies)Public servants working for these authoritiesContractors delivering public services under public-sector contracts

Generated 21 February 2026

Bill Stages

1st readingCommons

4 Feb 2009

2nd readingCommons
Committee stageCommons
Report stageCommons
3rd readingCommons
1st readingLords
2nd readingLords
Committee stageLords
Report stageLords
3rd readingLords
Royal Assent

Updates & Documents

News (1)

News - Exercise of Reasonable Discretion

1 Jan 1970
This Bill was presented to Parliament on 4 February. This is known as First Reading and there was no debate on the Bill at this stage.

This Bill was on the Order Paper for a Second Reading on several Fridays before being dropped by its sponsor, Tim Boswell.

Documents (1)

Bill as introduced
BillCommons
2 Mar 2009

Parliamentary Votes (0)

No recorded votes for this bill yet.