S.C.C.
Amendment Paper as at
Wednesday 5th May 2004
STANDING COMMITTEE C
New Amendments handed in are marked thus *
Mr Julian Brazier
That, if proceedings on the Promotion of Volunteering Bill are not completed at this day's sitting, the Committee do meet on Wednesdays at 9.30 a.m. and 2.30 p.m.
STANDING COMMITTEE C
PROMOTION OF VOLUNTEERING BILL
NOTE
The Amendments have been arranged in accordance with the order to be proposed by Mr Julian Brazier.
Mr Julian Brazier
That the Promotion of Volunteering Bill be considered in the following order: Clauses 3 to 5, Clauses 1 and 2, Clauses 6 and 7, remaining proceedings on the Bill.
Mr Julian Brazier
Fiona Mactaggart
9
Page 3, line 26, leave out Clause 3.
Fiona Mactaggart
12
Clause 4, page 3, line 36, after 'organisation,' insert 'or'.
Fiona Mactaggart
13
Clause 4, page 3, line 36, leave out 'or statutory body'.
Fiona Mactaggart
14
Clause 4, page 3, line 40, leave out 'any voluntary organisation or volunteering body' and insert 'the organisation or body in question'.
Fiona Mactaggart
15
Clause 4, page 3, line 43, leave out 'or volunteer'.
Fiona Mactaggart
16
Clause 4, page 4, line 1, leave out 'or he'.
Fiona Mactaggart
17
Clause 4, page 4, line 2, leave out 'volunteer'.
Fiona Mactaggart
18
Clause 4, page 4, line 5, after 'section,' insert '"volunteer",'.
Mr Julian Brazier
Fiona Mactaggart
10
Page 3, line 32, leave out Clause 4.
Fiona Mactaggart
19
Clause 5, page 4, line 8, after 'person' insert 'to whom this section applies'.
Fiona Mactaggart
20
Clause 5, page 4, line 14, after 'liable' insert 'in any civil proceedings'.
Fiona Mactaggart
21
Clause 5, page 4, line 14, after 'law' insert 'or otherwise'.
Fiona Mactaggart
22
Clause 5, page 4, line 14, leave out 'unless he intended to cause harm' and insert—
'(2) Subsection (1) does not apply if the person providing assistance—
| (a) | intended to cause harm to the other person, or |
| (b) | was reckless as to whether his action might cause him harm. |
(3) For the purposes of subsection (2)(b) a person is reckless as to the consequences of his action if, and only if, he foresees the risk of the consequences and unreasonably proceeds with the action.'.
Fiona Mactaggart
23
Clause 5, page 4, line 15, at end insert—
'( ) Subsection (1) does not apply to a person acting in his capacity as a person provided by an employer to render first-aid to employees.'.
Fiona Mactaggart
24
Clause 5, page 4, line 15, at end insert—
'( ) Nothing in this section shall affect the operation of the Health and Safety at Work etc Act 1974 or any regulations under that Act.'.
Fiona Mactaggart
25
Clause 5, page 4, line 15, at end insert—
'( ) The Secretary of State may make provision by regulations as to the descriptions of person to whom this section applies.
( ) Any such regulations—
| (a) | may make different provision for different cases and circumstances, and |
| (b) | shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. |
( ) Before making any regulations under this section the Secretary of State shall consult such representative and other organisations as appears to him appropriate.'.
Mr Julian Brazier
Fiona Mactaggart
11
Page 4, line 7, leave out Clause 5.
Fiona Mactaggart
26
Clause 1, page 1, line 9, leave out 'a voluntary organisation or volunteering body' and insert 'that organisation or body'.
Fiona Mactaggart
27
Clause 1, page 1, leave out lines 14 and 15 and insert—
'"institution" means a body corporate or unincorporated association that is formally constituted;'.
Fiona Mactaggart
28
Clause 1, page 1, line 21, leave out ', other than an employee,'.
Fiona Mactaggart
29
Clause 1, page 2, line 2, at end insert '(other than a person acting in his capacity as an employee of that organisation or body)'.
Fiona Mactaggart
30
Clause 1, page 2, line 3, leave out paragraph (b).
Fiona Mactaggart
31
Clause 1, page 2, line 7, leave out paragraph (c).
Fiona Mactaggart
32
Clause 1, page 2, line 10, leave out 'which' and insert 'to the extent that'.
Fiona Mactaggart
33
Clause 1, page 2, line 11, after 'business,' insert 'it'.
Fiona Mactaggart
34
Clause 1, page 2, line 12, leave out from 'gain;' to 'or' in line 14.
Fiona Mactaggart
35
Clause 1, page 2, line 16, leave out 'school'.
Fiona Mactaggart
37
Clause 2, page 2, line 21, leave out from 'person' to 'who' in line 24.
Fiona Mactaggart
38
Clause 2, page 2, line 24, leave out 'activity or activities' and insert 'sport or adventure training'.
Fiona Mactaggart
39
Clause 2, page 2, line 24, leave out 'activity or activities' and insert 'prescribed activities'.
Fiona Mactaggart
40
Clause 2, page 2, line 25, after 'volunteer,' insert 'the employee (or the voluntary organisation or voluntary body by whom he is employed),'.
Fiona Mactaggart
41
Clause 2, page 2, line 26, leave out 'written'.
Fiona Mactaggart
42
Clause 2, page 2, line 30, leave out subsection (2).
Mr Julian Brazier
1
Clause 2, page 2, line 31, leave out from 'concerned' to end of line.
Fiona Mactaggart
43
Clause 2, page 2, line 32, leave out 'that'.
Mr Julian Brazier
2
Clause 2, page 2, line 32, leave out from 'person' to 'shares' in line 33.
Mr Julian Brazier
3
Clause 2, page 2, line 33, at end insert—
'(2A) A parent or guardian who has agreed in writing to a Statement of Inherent Risk has a duty to inform his child of the need to obey any instructions given to him by a volunteer and to satisfy himself that the child will do so.'.
Fiona Mactaggart
44
Clause 2, page 2, line 33, at end insert—
'(2) The Statement of Inherent Risk shall be in writing and shall—
| (a) | set out the measures which the person presenting the Statement, and (if that person is acting in his capacity as an employee) the voluntary organisation or volunteering body employing him, has taken and intends to take during the course of the activity to minimise the risks set out in the Statement; |
| (b) | state the relevant qualifications held and training completed by the persons who will be involved in providing the activities; |
| (c) | list the relevant legal obligations of the person presenting the Statement, and (if that person is acting in his capacity as an employee) the voluntary organisation or volunteering body employing him; |
| (d) | include details of the methods of seeking compensation in the event of injury or harm as a result of the activity.'. |
Fiona Mactaggart
45
Clause 2, page 2, line 33, at end insert—
'( ) If the person undertaking the activity is aged less than sixteen, the Statement of Inherent Risk must require the person's parent or guardian to explain the risks set out in the Statement to that person.'.
Mr Julian Brazier
62
*Clause 2, page 2, line 33, at end insert—
'(2) The Statement of Inherent Risk shall indicate—
| (a) | the types of measures which the person presenting the Statement and (if that person is acting in his capacity as an employee) the voluntary organisation or volunteering body employing him, has taken and intends to take during the course of the activity to minimise the risks set out in the Statement; |
| (b) | the relevant qualifications held and training completed by the persons who will be involved in providing the activities; |
| (c) | that the person undertaking the activity shall obey the instructions given by the person who will be involved in providing the activities; |
| (d) | that, if the person undertaking the activity is aged less than sixteen, the person's parent or guardian must— |
| (i) | explain the risks set out in the Statement to that person, and |
| (ii) | inform that person of the need to obey the person who will be involved in providing the activities; and |
| (e) | that, if the person undertaking the activity is aged sixteen or over, he shares responsibility for the safe conduct of the activity.'. |
