Clause 1
Compensation Bill [Lords]
9:00 am
Peter Atkinson (Hexham, Conservative)
With this it will be convenient to discuss the following amendments:
No. 13, in page 1, line 11, at end add—
‘(2) In considering whether an activity is a desirable activity for the purposes of this Part, the court shall have particular regard to whether the claimant—
(a) willingly accepted a risk as his, or
(b) entered onto land or into premises with the intention of committing an offence.
(3) In determining whether a risk was accepted for the purposes of paragraph 2(a) the court shall decide using the same principles as in other cases in which one person owes a duty of care to another.'.
No. 14, in page 1, line 11, at end add—
‘(2) In considering whether an activity is a desirable activity for the purposes of this Part, the court shall have regard to the age of the claimant and in particular whether the claimant is—
(a) under 10 years of age, or
(b) under 14 years of age but can prove that he did not have the capacity to understand the nature of his actions.'.