|
| |
| |
| |
| |
| |
| |
| |
[AS AMENDED IN STANDING COMMITTEE C] |
| |
| |
Make provision for volunteering and voluntary organisations; and for |
| |
| |
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:— |
| |
| |
| |
| “charitable purposes” means purposes as are recognised as exclusively |
| |
charitable under the law of England and “charity” shall be construed |
| |
| 5 |
| “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 |
| 10 |
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 |
| |
| 15 |
| “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— |
| |
| 20 |
(b) | an institution other than a charity which is established for |
| |
benevolent or philanthropic purposes; |
| |
| |
| |
| |
| |
|
| |
| |
| |
| |
(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, |
| 5 |
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 |
| 10 |
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 |
| 15 |
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 |
| 20 |
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 |
| 25 |
| |
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 |
| 30 |
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. |
| 35 |
(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 |
| 40 |
| |
| |
(i) | any activity which the adult person concerned is obliged to |
| |
undertake for contractual, employment or other compulsory |
| |
| 45 |
(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; |
| 50 |
| |
| |
|
| |
| |
| |
| |
(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 |
| 5 |
(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— |
| 10 |
(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 |
| 15 |
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; |
| 20 |
(c) | if the person undertaking the activity is aged at least sixteen, by that |
| |
| |
(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 |
| 25 |
| |
(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 |
| 30 |
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 |
| 35 |
| |
(b) | take note of the Statement of Inherent Risk in determining whether the |
| |
person or persons suffering harm had knowingly accepted that there |
| |
| |
(c) | only uphold any claim for negligence or breach of statutory duty where |
| 40 |
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 |
| 45 |
| |
| |
| |
