Charities (Protection and Social Investment) Bill [HL]

Amendment
to be moved
in grand committee

[Supplementary to the Marshalled List]

After Clause 12

LORD BEW

15A*


Insert the following new Clause—

“Damages for torts by trustees or their employees

Damages for torts by trustees of unincorporated charities or their employees

(1)     The Charities Act 2011 is amended as follows.

(2)     After section 284 (when and how section 282 resolution takes effect)

insert—

“284A           Damages for torts by trustees or their employees

(1)     
This section applies where—

(a)   a trustee of an unincorporated charity is liable in tort by
reason of his conduct in his capacity as a trustee of that
charity; or

(b)   a person employed by a trustee or trustees of an
unincorporated charity is liable in tort by reason of his
conduct in the course of that employment.

(2)     Where this section applies, a person entitled to damages for the tort
shall be entitled to recover those damages from the assets of the
charity.

(3)     Subsection (2) shall not affect the liability of any trustee, employee,
or any other person.

(4)     Where a claim is made under subsection (2), the provisions of the
Civil Liability (Contribution) Act 1978 shall apply as if the charity
had legal personality.

(5)     Where a claim is made under subsection (2), or a contribution is
claimed from the assets of a charity under subsection (4), the charity
may be named as a party and may be represented by its trustees or
such other person as may be appointed by the court in any legal
proceedings.””

Prepared 23rd June 2015