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Education Bill [HL]

Part of the debate – in the House of Lords at 6:45 pm on 24th January 2005.

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Photo of Baroness Walmsley Baroness Walmsley Shadow Minister, Home Affairs 6:45 pm, 24th January 2005

moved Amendment No. 153ZA:

After Clause 112, insert the following new clause—


(1) A school or its servant or agent which, in addition to its curriculum, provides formal or informal educational activities for its students may provide to any parent or guardian a statement that the activities it provides may involve risks or personal injury or harm or risks to the property of the student.

(2) The statement shall be in writing and shall explain that the parent or guardian accept that participation of their child in the activities provided by the organisation may involve risks of personal injury or harm or risks to the property of the student.

(3) The risks shall only be those covered by the activity, including travel to and from the point where the organisation takes over the supervision of the student.

(4) The acceptance of the risks by the parent or guardian shall not exclude the organisation or its servants or agents from any criminal liability.

(5) The statement shall not apply to any activity which the student concerned is obliged to undertake.

(6) Where, in accordance with the Act, such a statement has been issued and accepted by the parent or guardian, this must be taken into account by any subsequent court proceeding for negligence or breach of duty, in considering the liability of the school or its servant or agent."