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Promotion of Volunteering Bill


 

 

Promotion of Volunteering Bill

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A

Bill

[AS AMENDED IN STANDING COMMITTEE C]

To

Make provision for volunteering and voluntary organisations; and for

connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

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Interpretation

In this Act—

“charitable purposes” means purposes as are recognised as exclusively

charitable under the law of England and “charity” shall be construed

accordingly;

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“employee engaged in volunteering” (“employee”) means any natural

person employed by a voluntary organisation or volunteering body,

who shall carry out any additional responsibilities for, or provide any

additional services to, that organisation or body for the benefit of others

without payment or the expectation of payment whether in money or

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money’s worth beyond his contractual salary and the reimbursement

of any reasonable and proper expenses incurred by that person in

connection with the provision of those services;

“institution” means a body corporate or unincorporated association that

is formally constituted;

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“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;

“voluntary organisation” means—

(a)   

a charity; or

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(b)   

an institution other than a charity which is established for

benevolent or philanthropic purposes;

“volunteer” means—

 
Bill 11353/3
 
 

 

 

Promotion of Volunteering Bill

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(a)   

any natural person who shall provide to, or on behalf of, any

voluntary organisation or volunteering body any services,

under an arrangement concluded with the voluntary

organisation or volunteering body, without payment or the

expectation of payment whether in money or money’s worth,

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other than the reimbursement of any reasonable and proper

expenses incurred by that person in connection with the

provision of those services (other than a person acting in his

capacity as an employee of that organisation or body);

(b)   

a farmer or other land owner who shall permit any members of

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the public access to any land owned by the farmer or other land

owners for the purpose of carrying out any voluntary activity

on that land or for the purpose of any educational activity; or

(c)   

an instructor of the Combined Cadet Force, the Sea Cadet

Corps, the Army Cadet Force, the Air Training Corps or any

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other uniformed youth organisation administered by the

Armed Forces or Police whether or not such person is paid;

“volunteering body” means—

(a)   

an institution other than a voluntary organisation to the extent

that, whether or not in the course of its business, it provides

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services other than for commercial gain; and includes

commercial organisations which provide any services other

than for commercial gain; or

(b)   

any school or institute of further or higher education providing

out of school hours learning activities, including sports and

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adventure training.

2       

Statements of Inherent Risk

(1)   

A volunteer, employee, volunteering body or voluntary organisation may

present to any person who is to undertake any activity or activities

administered or managed by or under the control of the volunteer, the

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employee (or the voluntary organisation or voluntary body by whom he is

employed), the voluntary organisation or volunteering body, a statement (“the

Statement of Inherent Risk”) setting out the principal risks which are inherent

to the activity or activities undertaken, whether or not such risks shall involve

risks of personal injury or harm or risks to property.

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(2)   

The Statement of Inherent Risk shall—

(a)   

indicate the types of risk likely to to be encountered when undertaking

the activity, but need not be exhaustive;

(b)   

not purport to exempt or exclude the volunteer, employee, voluntary

body or voluntary organisation or any of its servants or agents from

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any criminal liability;

(c)   

not apply to—

(i)   

any activity which the adult person concerned is obliged to

undertake for contractual, employment or other compulsory

reasons, or

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(ii)   

school activities which the child concerned is obliged to

undertake or where there is no choice or alternative.

(3)   

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;

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Promotion of Volunteering Bill

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(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 that person, and

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(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.

(4)   

The Statement of Inherent Risk—

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(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

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parent or guardian of the child concerned.

(5)   

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;

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(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

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parent or guardian.

(6)   

Where in accordance with the provision of this Act any volunteer, employee,

voluntary organisation or volunteering body shall have produced a Statement

of Inherent Risk and the Statement has been duly signed in accordance with

subsection (5), in any subsequent proceedings for negligence or breach of

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statutory duty in considering any liability of the volunteer, the employee, the

voluntary organisation or volunteering body by whom he is employed, the

voluntary organisation or the volunteering body, a court shall—

(a)   

have regard to the Statement of Inherent Risk so as to recognise that

certain risks are inherent to activities and that accidents may occur

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without negligence;

(b)   

take note of the Statement of Inherent Risk in determining whether the

person or persons suffering harm had knowingly accepted that there

were risks involved; and

(c)   

only uphold any claim for negligence or breach of statutory duty where

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the volunteer has shown a reckless disregard for safety.

(7)   

A court shall not take the absence of a Statement of Inherent Risk into account

in deciding whether a volunteer is negligent.

(8)   

In this section “guardian” means a guardian of a child within the meaning of

the Children Act 1989 (c. 41) and includes a special guardian within the

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meaning of that Act.

 

 

 

 

Promotion of Volunteering Bill

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3       

Short title, commencement and extent

(1)   

This Act may be cited as the Promotion of Volunteering Act 2004.

(2)   

This Act extends to England and Wales only.

 

 

 
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