Clause 5 - Persons assisting those injured or suffering
Promotion of Volunteering Bill
4:25 pm
Mr David Amess (Southend West, Conservative)
With this it will be convenient to discuss the following amendments:
No. 19, in clause 5, page 4, line 8, after 'person' insert
'to whom this section applies'.
No. 20, in clause 5, page 4, line 14, after 'liable' insert
'in any civil proceedings'.
No. 21, in clause 5, page 4, line 14, after 'law' insert 'or otherwise'.
No. 22, in clause 5, page 4, line 14, leave out
'unless he intended to cause harm'
and insert—
'(2) Subsection (1) does not apply if the person providing assistance—
(a) intended to cause harm to the other person, or
(b) was reckless as to whether his action might cause him harm.
(3) For the purposes of subsection (2)(b) a person is reckless as to the consequences of his action if, and only if, he foresees the risk of the consequences and unreasonably proceeds with the action.'.
No. 23, in clause 5, page 4, line 15, at end insert—
'( ) Subsection (1) does not apply to a person acting in his capacity as a person provided by an employer to render first-aid to employees.'.
No. 24, in clause 5, page 4, line 15, at end insert—
'( ) Nothing in this section shall affect the operation of the Health and Safety at Work etc Act 1974 or any regulations under that Act.'.
No. 25, in clause 5, page 4, line 15, at end insert—
'( ) The Secretary of State may make provision by regulations as to the descriptions of person to whom this section applies.
( ) Any such regulations—
(a) may make different provision for different cases and circumstances, and
(b) 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.'.