15.—(1) Nothing done or omitted to be done by a member of the Corps while on duty as such shall subject either him or the Government to liability in tort for causing the death of another person, or for causing personal injury to another person in so far as the death or personal injury is due to anything suffered by that other person while he is a member of the Corps if —(a) | at the time when that thing is suffered by that other person, he is either on duty as a member of the Corps or is, though not on duty as such, on any land, premises, ship, aircraft or vehicle for the time being used for the purposes of the Corps; and | (b) | the Minister certifies that his suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to compensation under section 14. |
(2) Nothing in subsection (1) shall exempt a member of the Corps from liability in tort in any case in which the court is satisfied that the act or omission was not connected with the execution of his duties as a member of the Corps. |
(3) No proceedings in tort shall lie against the Government for death or personal injury due to anything suffered by a member of the Corps if —(a) | that thing is suffered by him in consequence of the nature or condition of any such land, premises, ship, aircraft or vehicle as aforesaid, or in consequence of the nature or condition of any equipment or supplies used for the purposes of the Corps; and | (b) | the Minister certifies that his suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to compensation under section 14, |
nor shall any act or omission of an officer of the Government subject him to liability in tort for the death or personal injury, in so far as the death or personal injury is due to anything suffered by a member of the Corps if — |
(i) | at the time when that thing is suffered by that other person, he is either on duty as a member of the Corps or is, though not on duty as such, on any land, premises, ship, aircraft or vehicle for the time being used for the purposes of the Corps; and | (ii) | the Minister certifies that his suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to compensation under section 14. |
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(4) The Minister may, if satisfied that it is the fact —(a) | that a person was or was not on any particular occasion on duty as a member of the Corps; or | (b) | that at any particular time any land, premises, ship, aircraft, vehicle, equipment or supplies was or was not, or were or were not used for the purposes of the Corps, |
issue a certificate certifying that to be the fact; and any such certificate shall, for the purposes of this section, be conclusive as to the fact which it certifies. |
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