Commentary on Sections Part 1 – the Scottish Legal Complaints Commission Section 44: Exemption from liability in damages
80.This section provides protection for the Commission and its members and employees from liability in damages from anything done in the discharge of the Commission’s functions. This will ensure that they will not have to act in an unduly defensive way. The exemption does not apply however where an individual acts in bad faith, and it will not prevent an award of damages being made under the Human Rights Act 1998.