Section 7
Savings of acts done in exercise of public duties
of Government Proceedings Act 1956
(1)
Notwithstanding any other provisions of this Act to the contrary no proceedings, other than proceedings for breach of contract, shall lie against the Government on account of anything done or omitted to be done or refused to be done by the Government or any public officer in exercise of the public duties of the
Government.
(2)
For the purposes of subsection (1) the expression “exercise of the public duties” includes—
(a)
the construction, maintenance, diversion and abandonment of railways, roads, bridle-paths or bridges;
(b)
the construction, maintenance and abandonment of schools, hospitals or other public buildings;
(c)
the construction, maintenance and abandonment of drainage, flood prevention and reclamation works; and
(d)
the maintenance, diversion and abandonment of the channels of rivers and waterways.
(3)
Nothing in this section shall prevent the bringing of any suit for damages or compensation arising out of negligence or trespass in the execution of any works of construction or maintenance undertaken by the Government in the exercise of the said public duties.
(4)
Nothing in this Act shall subject the Government, in its capacity as a highway authority, to any greater liability than that to which a local authority is subject in that capacity.