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   'The presumption of exclusion of a finding of negligence or breach of statutory duty provided by section 2(6) of this Act shall be rebuttable by expert evidence.'.

New clause 7—Publicising the terms of section 2(6)—

   'The Secretary of State shall take such steps as he considers necessary to ensure the terms of section 2(6) are brought to the attention of persons who are intending to undergo activities covered by this Act.'.

New clause 11—Absence of statement—

   'In an action for damages for personal injury a court shall take into account the absence of a statement of inherent risk in circumstances where a statement might have been expected as evidence of the lack of a risk assessment for the activity concerned.'.

New clause 12—Application to catastrophic injuries—

   'This Act shall not apply in respect of civil proceedings for personal injury where the injuries concerned are catastrophic within the meaning of the Judicial Studies Board Guidelines on Personal Injury Damages.'.

New clause 16—Non-application to activities involving enforceable contracts—

   'This Act shall not apply to any activity where there is a contract enforceable in law to provide that activity between the person undertaking the activity and its provider.'.

New clause 17—Application only in respect of fast track procedures—

   'This Act shall only be taken into account by any court in considering a claim for negligence or breach of statutory duty resulting in personal injury if that claim is commenced in the fast track as provided for by the Civil Procedure Rules.'.

New clause 18—Liability under Occupiers Liability Act—

   'Nothing in this Act shall remove or reduce liability under the Occupiers Liability Act 1984 from a farmer or land owner.'.

New clause 19—Vicarious liability resulting from criminal conduct—

   'Nothing in this Act shall reduce or remove vicarious civil liability for personal injury (including psychological injury) from a voluntary body or voluntary organisation as a consequence of criminal conduct by a volunteer or employee of that body or organisation.'.

New clause 20—Continuing liability of local authority—

   'Nothing in this Act shall reduce or remove the liability for negligence or breach of statutory duty for personal injury caused by a local authority.'.

New clause 24—Insurance companies—

   'An insurance company shall not take the existence or non-existence of a statement of inherent risk into account when quoting a price for an insurance premium to a volunteering body or voluntary organisation.'.

 
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New clause 25—Non-application for injuries of maximum severity—

   '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.'.

New clause 26—Liability under Occupiers Liability Act 1957—

   'Nothing in this Act shall remove or reduce liability under the Occupiers Liability Act 1957 from a farmer or landowner.'.

New clause 28—Risk assessments—

'(1)   It shall be the duty of any volunteer, employee or voluntary body to whom this act applies

(a)   to undertake a risk assessment,

(b)   to identify risks or potential harm to people or a building,

(c)   to ensure that the risk assessment complies with any rules, advice or guidance of any body governing the activity,

(d)   to document any such risk assessment, and

(e)   to ensure that all those who undertake the risk assessment are suitably trained, qualified and experienced.

(2)   Failure to perform this duty shall be a criminal offence punishable on summary conviction to a fine at level 3.

(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.'.

New clause 30—Exclusion of claims in respect of death or serious injury—

'(1)   Nothing in this Act shall affect—

(a)   an action for damages under the Fatal Accidents Act 1976 (c.30); or

(b)   any other claim in respect of death or serious injury.

(2)   In this section, "serious injury" includes damage to an internal organ and impairment of a bodily function.'.

New clause 31—Exclusion of claims by protected persons—

'(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—

(a)   a person who has a learning difficulty, or

(b)   a person who has a mental disability.

(4)   For the purposes of this section, a person has a learning difficulty if——

(a)   he has a significantly greater difficulty in learning than the majority of persons of his age, or

(b)   he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided for persons of his age by schools or other institutions providing education or training.

(5)   For the purposes of this section, "mental disability" means a disability or disorder of the mind or brain, whether permanent or temporary, which results in an impairment or disturbance of mental functioning.'.

Amendment No. 139, in page 1, line 1, leave out Clause 1.

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