Part 4, The State Proceedings Act, 2000

(2) Where the Government is bound by a statutory duty which is binding also upon persons other than the Government or officers of the Government, then, subject to this Act, the Government shall, in respect of a failure to comply with the duty, be subject to all those liabilities in tort, if any, to which a private person of full age and capacity would be subject. (3) Where any functions are conferred or imposed upon an officer of the Government as such, either by any rule of the common law or by any enactment, and that officer commits a tort while performing or purporting to perform those functions, the liabilities of the Government in respect of the tort shall be such as they would have been if those functions had been conferred or imposed solely by virtue of instructions lawfully given by the Government. No. 14 *State Proceedings Act* 2000 5 (4) Any enactment which negatives or limits the amount of the liability of any Government department or officer of the Government in respect of any tort, committed by the department or officer, shall apply in relation to the Government as it would have applied in relation to that department or officer if the proceedings against the Government had been proceedings against that department or officer. [Margin: Government not liable in certain cases.] 7. No proceedings shall lie against the Government under this Act in respect of— (a) anything done or omitted to be done by any person while discharging or purporting to discharge any responsibilities of a judicial nature vested in him; or (b) any act, neglect or default of an officer of the Government unless the officer— (i) has been directly or indirectly appointed by the Government and was, at the material time, paid in respect of his duties as an officer of the Government wholly out of public funds or out of monies appropriated by Parliament; or (ii) was, at the material time, holding an office in respect of which the Public Service Commission certifies that the holder of that office would normally be paid in the manner specified in subparagraph (i). [Margin: Provisions as to intellectual and industrial property.] 8. (1) Where, after the commencement of this Act, any servant or agent of the Government infringes a registered trade mark, copyright, patent or design and the infringement is committed with the authority of the Government, then, subject to this Act, civil proceedings in respect of the infringement shall lie against the Government.