S.C.C.
Amendment Paper as at
Wednesday 12th May 2004
STANDING COMMITTEE C
STANDING COMMITTEE C
PROMOTION OF VOLUNTEERING BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [5th May], as follows:—
Clauses 3 to 5, Clauses 1 and 2, Clauses 6 and 7, remaining proceedings on the Bill.
Clause 1 (Interpretation)
Amendment (No. 28) proposed, in page 1, line 21, to leave out the words ', other than an employee,'.—(Fiona Mactaggart).
Question proposed, That the Amendment be made.
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).
Mr Julian Brazier
65
Clause 1, page 2, line 7, leave out paragraph (c) and insert—
| '(c) | an instructor of the Combined Cadet Force, the Sea Cadet Corps, the Army Cadet Force, the Air Training Corps or any other uniformed youth organisation administered by the Armed Forces or Police whether or not such person is paid.'. |
Mr Julian Brazier
63
Clause 1, page 2, line 8, at end insert—
'"paid employee" means any natural person employed by a voluntary organisation whether or not paid at the time and "employee" in the Act shall be construed accordingly as including any such paid employee.'.
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).
Fiona Mactaggart
43
Clause 2, page 2, line 32, leave out 'that'.
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
64
Clause 2, page 2, line 33, at end insert—
'(2) The statement of Inherent Risk shall indicate—
| (a) | the relevant qualifications held and training completed by the persons who will be involved in providing the activities; |
| (b) | that the person undertaking the activity shall obey the instructions given by the person who will be involved in providing the activities; |
| (c) | 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 the person, and |
| (ii) | inform that person of the need to obey the person who will be involved in providing the activities; and |
| (d) | that, if the person undertaking the activity is aged sixteen or over, he shares responsibility for the safe conduct of the activity.'. |
Fiona Mactaggart
46
Clause 2, page 2, line 35, leave out paragraph (a).
Fiona Mactaggart
47
Clause 2, page 2, line 35, leave out 'as' and insert 'that'.
Mr Julian Brazier
4
Clause 2, page 2, line 37, at end insert—
| '(aa) | indicate the types of risk likely to be encountered when undertaking the activity, but need not be exhaustive.'. |
Fiona Mactaggart
48
Clause 2, page 2, line 46, at end insert—
'(3A) The Statement of Inherent Risk shall be signed—
| (a) | by or on behalf of the person presenting the Statement; |
| (b) | if that person is an employee, on behalf of the voluntary organisation or volunteering body by whom he is employed; |
| (c) | if the person undertaking the activity is aged at least sixteen, by that person; |
| (d) | if the person undertaking the activity is aged less than sixteen but at least eleven, by that person and by his parent or guardian; |
| (e) | if the person undertaking the activity is aged less than eleven, by his parent or guardian.'. |
Mr Julian Brazier
66
Clause 2, page 2, line 46, at end insert—
'(3A) The Statement of Inherent Risk—
| (a) | may relate to the activity or activities which are regularly administered or managed by or under the control of the volunteer, employee, voluntary organisation or volunteering body or to an exceptional activity or activities including a school visit, and |
| (b) | need only be presented once to the adult person concerned or the parent or guardian of the child concerned.'. |
Fiona Mactaggart
49
Clause 2, page 2, line 47, leave out subsection (4).
Fiona Mactaggart
50
Clause 2, page 2, line 49, leave out from 'and' to 'in' in line 1 on page 3 and insert 'the Statement has been duly signed in accordance with subsection (3A),'.
Fiona Mactaggart
51
Clause 2, page 3, line 2, after 'duty' insert 'in respect of the participation by a person in an activity to which the Statement related'.
Fiona Mactaggart
52
Clause 2, page 3, line 3, leave out 'the employee's voluntary organisation or volunteering body,' and insert 'the employee, the voluntary organisation or volunteering body by whom he is employed, the voluntary organisation or the volunteering body'.
Mr Julian Brazier
7
Clause 2, page 3, leave out line 12 and insert 'the volunteer has shown a reckless disregard for safety.'.
Mr Julian Brazier
8
Clause 2, page 3, line 12, at end insert—
'(4A) A court shall not take the absence of a Statement of Inherent Risk into account in deciding whether a volunteer is negligent.'.
Fiona Mactaggart
55
Clause 2, page 3, line 12, at end insert—
'( ) In subsection (1) "prescribed activities" means such activities as may be prescribed by regulations made by the Secretary of State.
( ) Any such regulations 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.'.
Fiona Mactaggart
56
Clause 2, page 3, line 13, leave out subsection (5).
Fiona Mactaggart
57
Clause 2, page 3, line 16, leave out subsection (6).
Fiona Mactaggart
58
Clause 2, page 3, line 19, leave out subsection (7).
Fiona Mactaggart
59
Clause 2, page 3, line 25, at end insert—
'( ) In this section "guardian" means a guardian of a child within the meaning of the Children Act 1989 and includes a special guardian within the meaning of that Act.'.
Fiona Mactaggart
36
Page 2, line 18, leave out Clause 2.
Fiona Mactaggart
60
Page 4, line 16, leave out Clause 6.
Fiona Mactaggart
61
Clause 7, page 4, line 22, at end insert—
'(1A) This Act shall come into force on such day as the Secretary of State may appoint by order and different days may be so appointed for different purposes.'.
