Social Action, Responsibility and Heroism Bill

Amendments
to be moved
in committee

Clause 2

LORD HUNT OF WIRRAL

 

Page 1, line 8, at end insert—

“(2)     When assessing whether a voluntary organisation, charitable organisation
or volunteer has been negligent or in breach of statutory duty the court
shall have regard to—

(a)   the resources available to the volunteer, voluntary organisation or
charitable organisation and the competing demands on those
resources;

(b)   the level of training and qualification which volunteers should be
expected to undertake; and

(c)   the provision of similar services by other voluntary organisations
and charitable organisations.

(3)     When assessing whether a state-funded organisation has been negligent or
in breach of statutory duty the court shall have regard to—

(a)   the funding available to the organisation and the competing
demands on that funding;

(b)   the reasons for the allocation of resource by the organisation; and

(c)   the level of provision of services by other similar state-funded
organisations taking into account the prevailing conditions and
funding constraints.”

Clause 3

LORD HUNT OF WIRRAL

 

Page 1, line 13, at end insert—

“(2)     The court when determining whether it is appropriate to award damages
in claim for negligence or breach of statutory duty must have regard to
whether the persons involved in the incident which is the subject of a claim
were behaving in a manner which showed an irresponsible approach
toward the safety of others, and whether in so behaving the person caused
a situation in which the other person was negligent or in breach of statutory
duty.

(3)     When assessing damages the court must have regard to any other non-
monetary genuine settlement offers made to the claimant and the
claimant’s response to those offers.”

Clause 4

LORD HUNT OF WIRRAL

 

Page 1, line 18, at end insert—

“(2)     When assessing whether a rescuer has been negligent or in breach of
statutory duty and whether damages should be awarded to an injured
party the court shall have regard to—

(a)   the circumstances in which the rescuer acted;

(b)   the eventual outcome and outcome anticipated by the rescuer were
he not to act; and

(c)   the risks to which the rescuer was exposed through acting and the
extent to which the risk and perceived risks to the rescuer
influenced his actions.”

Prepared 8th November 2014