85 Exercise of function or decision to exercise does not S. 85 create duty inserted by No. 102/2003 s. 3. In a proceeding, the fact that a public authority exercises or decides to exercise a function does not of itself indicate that the authority is under a duty to exercise the function or that the function should be exercised in particular circumstances or in a particular way. 86 Supreme Court—limitation of jurisdiction S. 86 inserted by No. 102/2003 It is the intention of section 83 to alter or vary s. 3. section 85 of the Constitution Act 1975. S. 87 87 Transitional inserted by No. 102/2003 (1) This Part extends to negligence arising before, on s. 3. or after the commencement day. (2) Section 84 extends to an act or omission occurring before, on or after the commencement day. (3) Despite subsections (1) and (2), this Part does not apply to proceedings commenced in a court before the commencement day. (4) In this section means the day commencement day on which section 3 of the Wrongs and Other Acts (Law of Negligence) Act 2003 comes into operation. __________________ Section 2. Number of Act Title of Act Extent of Repeal 3807 Wrongs Act 1928 The whole. 4070 The whole. Wrongs Act 1932 4191 Statute Law Revision Act 1933 Item in Schedule referring to Wrongs Act 1928. 4380 Wrongs Act 1936 The whole.
S. 85 inserted by No. 102/2003 s. 3. 85 Exercise of function or decision to exercise does not create duty In a proceeding, the fact that a public authority exercises or decides to exercise a function does not of itself indicate that the authority is under a duty to exercise the function or that the function should be exercised in particular circumstances or in a particular way. S. 86 inserted by No. 102/2003 s. 3. 86 Supreme Court—limitation of jurisdiction It is the intention of section 83 to alter or vary section 85 of the Constitution Act 1975. S. 87 inserted by No. 102/2003 s. 3. 87 Transitional (1) This Part extends to negligence arising before, on or after the commencement day. (2) Section 84 extends to an act or omission occurring before, on or after the commencement day. (3) Despite subsections (1) and (2), this Part does not apply to proceedings commenced in a court before the commencement day. (4) In this section commencement day means the day on which section 3 of the Wrongs and Other Acts (Law of Negligence) Act 2003 comes into operation. __________________ Section 2. Number of Act Title of Act Extent of Repeal 3807 Wrongs Act 1928 The whole. 4070 Wrongs Act 1932 The whole. 4191 Statute Law Revision Act 1933 Item in Schedule referring to Wrongs Act 1928. 4380 Wrongs Act 1936 The whole.