(1) Subject to subsection (2) of this section, nothing done or omitted to be done by a member of the Armed Forces while on duty shall subject the member or the State to liability in tort for causing death or personal injury where the death or injury is to another member of the Armed Forces if-

(a) at the time when the death or injury is suffered by that other person he is either on duty as a member of the Armed Forces or though not on duty, he is on any land, ship, aircraft, or vehicle for the time being used for the purpose of the Armed Forces; and

(b) the Minister responsible for Defence certifies that the death or injury is attributable to service for the entitlement of an award under any law relating to the grant of awards to members of the Armed Forces for disablement or death.

(2) Subsection (1) of this section shall not exempt a member of the Armed Forces from liability in tort in any action in which the court is satisfied that the act or omission was not connected with the execution of his duties as a member of the Armed Forces.

(3) No proceedings in tort shall lie against the State for death or personal injury due to anything suffered by a member of the Armed Forces where-

(a) the death or personal injury is suffered by the member in consequence of the nature or condition of any land, 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

(b) the Minister responsible for Defence certifies as provided under paragraph (b) of subsection (1) of this section.

(4) No act or omission of any public servant shall subject the public servant to liability in tort for death or personal injury, to a member of the Armed Forces in circumstances where paragraphs (a) and (b) of subsection (3) of this section apply.

(5) Where the Minister responsible for Defence is satisfied that-

(a) a person was or was not on any particular occasion on duty as a member of the Armed Forces; or

(b) at any particular time any land, premises, ship, aircraft, vehicle, equipment or supply was or was not used for the purposes of the Armed Forces, he may issue a certificate to that effect and the certificate shall, for the purpose of this section, be prima facie evidence as to the fact it certifies.