Moved by
Lord Hunt of Wirral
4: Clause 2, page 1, line 8, at end insert—
“(2) When assessing whether a voluntary organisation, charitable organisation or volunteer has been negligent or in breach of statutory duty, the court shall have regard to—
(a) the resources available to the volunteer, voluntary organisation or charitable organisation and the competing demands on those resources;
(b) the level of training and qualification which volunteers should be expected to undertake; and
(c) the provision of similar services by other voluntary organisations and charitable organisations.
(3) When assessing whether a state-funded organisation has been negligent or in breach of statutory duty, the court shall have regard to—
(a) the funding available to the organisation and the competing demands on that funding;
(b) the reasons for the allocation of resource by the organisation; and
(c) the level of provision of services by other similar state-funded organisations taking into account the prevailing conditions and funding constraints.”