35. — (1) None of the following persons, that is to say, the Authority, the Registrar, or a member, or member of staff, of the Authority shall be liable in damages in respect of any act done or omitted to be done by it or him or her in the performance, or purported performance, of its or his or her functions unless the act or omission concerned was done in bad faith.

(2) Without prejudice to the generality of subsection (1), a person to whom that subsection applies shall not be liable in damages in respect of any recommendation, determination, advice, direction, report, or notice made, given, prepared or published by it or him or her unless it was made, given, prepared or published, as the case may be, in bad faith.

(3) Without prejudice to subsection (4), the Authority may, subject to the provisions of any enactment or rule of law, indemnify the Registrar, or any member, or member of staff, of the Authority in respect of any act done or omitted to be done by him or her in the performance, or purported performance, of his or her functions as Registrar or as such member or member of staff unless the act or omission concerned was done in bad faith.

(4) The Authority may indemnify the Registrar or any member, or member of staff, of the Authority in respect of any liability on his or her part to pay damages or costs by reason of any act done or omitted to be done by him or her in the performance, or purported performance, of his or her functions as Registrar or as such member or member of staff, as the case may be, being a liability that—

(a) has been determined in proceedings before a court or tribunal of a place other than the State, or arises by virtue of an agreement entered into in settlement of proceedings before such a court or tribunal, and

(b) would not have been determined if the provisions of this section had been applied in those proceedings by the court or tribunal or, as the case may be, would not have been the subject of an agreement as aforesaid but for the reliance, in good faith, by the Registrar or such member, or member of staff, on any legal opinion or advice to the effect that the provisions of this section would not be applied by the court or tribunal in those proceedings.]