Section 8Part 2 — Substantive Law
Armed forces
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Nothing done or omitted to be done by a member of the armed forces of the Crown while on duty as such subjects either that person or the Crown, to liability in tort for causing the death of another person, or for causing personal injury to another person, insofar as the death or personal injury is due to anything suffered by that other person while that person is a member of the armed forces of the Crown if —
at the time when that thing is suffered by that other person, the person is either on duty as a member of the armed forces of the Crown 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 armed forces of the Crown; and
the Governor certifies that that other person's suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to an award under any law for the time being relating to the disablement or death of members of the force of which that person is a member,
provided that this subsection shall not exempt a member of the said forces from liability in tort in any case in which the court is satisfied that the act of omission was not connected with the execution of that person's duties as a member of those forces.
No proceedings in tort lie against the Crown for death or personal injury due to anything suffered by a member of the armed forces of the Crown if —
that thing is suffered by that person in consequence of the nature or condition of any such land, premises, ship, aircraft or vehicle, or in consequence of the nature or condition of any equipment or supplies used for the purposes of those forces; and
the Governor certifies as mentioned in subsection (1),
nor shall any act or omission of an officer of the Crown subject that officer to liability in tort for death or personal injury insofar as the death or personal injury is due to anything suffered by a member of the armed forces of the Crown, being a thing as to which the conditions aforesaid are satisfied.
The Governor, if satisfied that —
a person was or was not on any particular occasion on duty as a member of the armed forces of the Crown; or
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 said forces,
may issue a certificate certifying thereto, and such certificate shall, for the purposes of this section, be conclusive.