Charities (Protection and Social Investment) Bill [HL] — Report (Continued) — 20 Jul 2015 at 19:52

Amendment 18

Moved by Baroness Deech

18: After Clause 12, insert the following new Clause-

“Damages for torts by trustees or their employees

Damages for torts by trustees of unincorporated charities or their employees

(1) The Charities Act 2011 is amended as follows.

(2) After section 284 (when and how section 282 resolution takes effect) insert-

“284A Damages for torts by trustees or their employees

(1) This section applies where-

(a) a trustee of an unincorporated charity is liable in tort by reason of his conduct in his capacity as a trustee of that charity; or

(b) a person employed by a trustee or trustees of an unincorporated charity is liable in tort by reason of his conduct in the course of that employment.

(2) Where this section applies, a person entitled to damages for the tort shall be entitled to recover those damages from the assets of the charity.

(3) Subsection (2) shall not affect the liability of any trustee, employee, or any other person.

(4) Where a claim is made under subsection (2), the provisions of the Civil Liability (Contribution) Act 1978 shall apply as if the charity had legal personality.

(5) Where a claim is made under subsection (2), or a contribution is claimed from the assets of a charity under subsection (4), the charity may be named as a party and may be represented by its trustees or such other person as may be appointed by the court in any legal proceedings.””

Debate in Parliament | Source |