| Amendments proposed to the Promotion of Volunteering Bill, As Amended - continued | House of Commons |
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Non-application for injuries of maximum severity
Mr Andrew Dismore [R] NC25 To move the following Clause:—'This Act shall not apply in respect of civil proceedings for personal injury where the injuries concerned are of maximum severity within the meaning of the Judicial Studies Board Guidelines on personal injury damages.'.
Liability under Occupiers Liability Act 1957
Mr Andrew Dismore [R] NC26 To move the following Clause:—'Nothing in this Act shall remove or reduce liability under the Occupiers Liability Act 1957 from a farmer or landowner.'.
Legal effect
Mr Andrew Dismore [R] NC27 To move the following Clause:—'Nothing in this Act shall avoid the legal effect of the Unfair Contract Terms Act 1977.'.
Risk assessments
Mr Andrew Dismore [R] NC28 To move the following Clause:—'(1) It shall be the duty of any volunteer, employee or voluntary body to whom this act applies
(3) Failure to perform the risk assessment shall disentitle the volunteer, employee or voluntary body from reliance on any of the other provisions of this Act.'.
Exclusion of claims in respect of death or serious injury
Fiona Mactaggart NC30 To move the following Clause:—'(1) Nothing in this Act shall affect—
Exclusion of claims by protected persons
Fiona Mactaggart NC31 To move the following Clause:—'(1) A person to whom this Act applies may not present a statement of inherent risk to a protected person (or, if he is aged less than sixteen, to his parent or guardian). (2) Nothing in this Act shall affect a claim brought by or on behalf of a protected person. (3) A person is a "protected person" if he is—
Mr Julian Brazier 139 Page 1, line 1, leave out Clause 1.
Mr Andrew Dismore [R] 104 Page 1, line 2 [Clause 1], at end insert '"activity" means participation in amateur sport, adventure training, and any other amateur pursuit involving vigorous physical activity'.
Mr Andrew Dismore [R] 105 Page 1, line 2 [Clause 1], at end insert '"activity" means any amateur pursuit involving vigorous physical activity listed in regulations approved by both Houses of Parliament'.
Mr Andrew Dismore [R] 106 Page 1, line 2 [Clause 1], at end insert '"activity" means any amateur pursuit listed by order by the Secretary of State'.
Fiona Mactaggart 142 Page 1 [Clause 1], leave out lines 3 to 5.
Fiona Mactaggart 143 Page 1, line 6 [Clause 1], leave out from 'employee' to end of line 13 and insert '" means an employee of a voluntary organisation;'.
Mr Andrew Dismore [R] 30 Page 1, line 7 [Clause 1], after 'person' insert 'who has no other contractual arrangement with that organisation or body'.
Mr Andrew Dismore [R] 31 Page 1, line 7 [Clause 1], after 'person', insert 'who has no other contractual arrangement with that organisation or body and has had no such arrangement in the previous 3 years'.
Mr Andrew Dismore [R] 16 Page 1, line 7 [Clause 1], after 'organisation', insert 'who is not a director or office holder of the organisation'.
Mr Andrew Dismore [R] 7 Page 1, line 7 [Clause 1], after 'body', insert 'on a contract which provides for a maximum number of hours work per week'.
Mr Andrew Dismore [R] 9 Page 1, line 7 [Clause 1], after 'body', insert 'who is not a director or other office holder of that organisation or body'.
Mr Andrew Dismore [R] 8 Page 1, line 8 [Clause 1], after 'responsibilities', insert '(which are not responsibilities within his job description or job title)'.
Mr Andrew Dismore [R] 28 Page 1, line 8 [Clause 1], after 'responsibilities', insert 'evidenced in writing'.
Mr Andrew Dismore [R] 29 Page 1, line 9 [Clause 1], after 'services', insert 'evidenced in writing'.
Mr Andrew Dismore [R] 11 Page 1, line 12 [Clause 1], after 'expenses', insert 'limited to 1 per cent. of his basic contractual salary'.
Mr Andrew Dismore [R] 12 Page 1, line 13 [Clause 1], after 'expenses', insert 'as evidenced by vouched receipts'.
Fiona Mactaggart 144 Page 1 [Clause 1], leave out lines 14 and 15.
Mr Andrew Dismore [R] 13 Page 1, line 15 [Clause 1], after 'constituted', insert 'and registered with the Charities Commission'.
Fiona Mactaggart 145 Page 1 [Clause 1], leave out lines 16 to 18.
Mr Andrew Dismore [R] 10 Page 1, line 16 [Clause 1], after 'employed', insert '(but not on a contract which provides for overtime to be worked for payment or for time off in lieu)'.
Mr Andrew Dismore [R] 15 Page 1, line 17 [Clause 1], after 'organisation', insert 'on a fixed hours contract that does not provide for payment of overtime or time off in lieu of overtime'.
Mr Andrew Dismore [R] 14 Page 1, line 17 [Clause 1], leave out 'whether or not paid at the time'.
Fiona Mactaggart 146 Page 1, line 20 [Clause 1], leave out from beginning to end of line 22 and insert 'a body the activities of which are carried on otherwise than for profit, but does not include a public or local authority.'.
Mr Andrew Dismore [R] 107 Page 1, line 22 [Clause 1], after 'purposes', insert 'except in both cases, when that organisation has the character of a business'.
Mr Andrew Dismore [R] 128 Page 1, line 22 [Clause 1], after 'purposes', insert 'but excluding schools, youth organisations or youth clubs'.
Mr Andrew Dismore [R] 1 Page 1, line 22 [Clause 1], at end insert 'but in either case shall not include a school or other educational establishment.'.
Mr Andrew Dismore [R] 2 Page 1, line 22 [Clause 1], at end insert 'but in either case shall not include a church or other religious establishment.'.
Mr Andrew Dismore [R] 3 Page 1, line 22 [Clause 1], at end insert 'but in either case shall not include a housing assocation.'.
Mr Andrew Dismore [R] 4 Page 1, line 22 [Clause 1], at end 'but in either case shall not include any organisation established by central Government or a local authority.'.
Mr Andrew Dismore [R] 5 Page 1, line 22 [Clause 1], at end insert 'but in either case shall not include any organisation with a turnover in excess of £100,000 or such other figure as shall be prescribed by order.'.
Mr Andrew Dismore [R] 6 Page 1, line 22 [Clause 1], at end insert 'but in either case shall not include any organisation involved with training with firearms or other weapons.'.
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