Revised Laws of Saint Lucia (2021)

8.   Provisions relating to the armed forces

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   (1)   Anything done or omitted to be done by a member of the armed forces of the Crown while on duty as such shall not subject either him or her or the Crown to liability in delict 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 or she is a member of the armed forces of the Crown if—

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      (a)     at the time when that thing is suffered by that other person, he or she 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 used for the purposes of the armed forces of the Crown; and

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      (b)     where that other person is a member of the armed forces of the Crown in right of its Government in

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         (i)     the United Kingdom, the Minister of Pensions certifies that his or her suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to an award under the Royal Warrant, Order in Council or Order of Her Majesty relating to the disablement or death of members of the force of which he or she is a member, or

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         (ii)     Saint Lucia, the Governor General certifies that his or her suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to a gratuity or pension under any enactment relating to the disablement or death of members of the force of which he or she is a member.

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   However, this subsection does not exempt a member of the said forces from liability in delict or quasi-delict in any case in which the Court is satisfied that the act or omission was not connected with the execution of his or her duties as a member of those forces.

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   (2)   Proceedings in delict or quasi-delict shall not lie against the Crown for death or personal injury due to anything suffered by a member of the armed forces of the Crown if—

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      (a)     that thing is suffered by him or her 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 those forces; and

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      (b)     in the case of a member of the armed forces of the Crown in right of its Government in

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         (i)     the United Kingdom, the Minister of Pensions certifies as mentioned in the preceding subsection,

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         (ii)     Saint Lucia, the Governor General certifies as mentioned in the preceding subsection.

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   An act or omission of an officer of the Crown shall not subject him or her to liability in delict or quasi-delict for death or personal injury, in so far 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.

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   (3)   The Governor General may issue a certificate certifying that he or she is satisfied that it is the fact that—

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      (a)     a person was or was not on any particular occasion on duty as a member of the armed forces of the Crown in right of its Government in Saint Lucia; or

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      (b)     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.

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   The certificate shall, for the purposes of this section, be conclusive as to the fact which it certifies.

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   (4)   A certificate of the Admiralty—

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      (a)     that a person was or was not on any particular occasion on duty as a member of the armed forces of the Crown in right of its Government in the United Kingdom; or

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      (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 said forces;

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   shall, for the purposes of this section, be conclusive as to the fact which it certifies.

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   (5)   For the purposes of this section, “member of the armed forces of the Crown” unless the context otherwise requires means a member of the armed forces of the Crown in right of its Government in Saint Lucia (including police officers and the Saint Lucia Volunteer Force when called out for service under section 22 or section 23 of the Volunteers Act) or in right of its Government in the United Kingdom.

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   (6)   Nothing in this section shall be deemed by implication or otherwise to confer any right of action against the Crown in right of its Government in the United Kingdom.