Commentary on Sections Section 5: Expectation test
33.Section 5 provides that when deciding what is expected of a person performing a function or activity for the purposes of sections 3 and 4, the test is what a reasonable person in the UK would expect of a person performing the relevant function or activity. Subsection (2) makes it clear that in deciding what a reasonable person in the UK would expect in relation to functions or activities the performance of which is not subject to UK laws, local practice and custom must not be taken into account unless such practice or custom is permitted or required by written law. Subsection (3) defines what is meant by “written law” for the purposes of this section.