(1) This section
applies to proceedings to which this Part applies that are based on an alleged
breach of a statutory duty by a public body or officer in connection with the
exercise of or a failure to exercise a public function of the body or officer.
(2) For the purpose of
proceedings to which this section applies, the public body or officer cannot
be liable for damages for harm caused by fault in the exercise of, or a
failure to exercise, the statutory duty unless the provisions and policy of
the enactment in which the duty is created are compatible with the existence
of that liability.
[Section 5Y inserted: No. 58 of 2003 s. 8.]