division_name: Charities (Protection and Social Investment) Bill [HL] &#8212; <i>Report (Continued)</i>
motion: <p class="italic" pid="a.954.8/1" pwmotiontext="unrecognized">Amendment 18</p>
  
  <p class="italic" pid="a.954.8/2" pwmotiontext="unrecognized"> Moved by Baroness Deech</p>
  
  <p pid="a.954.8/3" pwmotiontext="unrecognized"><b>18:</b> After Clause 12, insert the following new Clause&#8212;</p>
  
  <p pid="a.954.8/4" pwmotiontext="unrecognized">&#8220;Damages for torts by trustees or their employees</p>
  
  <p pid="a.954.8/5" pwmotiontext="unrecognized">Damages for torts by trustees of unincorporated charities or their employees</p>
  
  <p pid="a.954.8/6" pwmotiontext="lines">(1) The Charities Act 2011 is amended as follows.</p>
  
  <p pid="a.954.8/7" pwmotiontext="lines">(2) After section 284 (when and how section 282 resolution takes effect) insert&#8212;</p>
  
  <p pid="a.954.8/8" pwmotiontext="unrecognized">&#8220;284A Damages for torts by trustees or their employees</p>
  
  <p pid="a.954.8/9" pwmotiontext="lines">(1) This section applies where&#8212;</p>
  
  <p pid="a.954.8/10" pwmotiontext="lines">(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</p>
  
  <p pid="a.954.8/11" pwmotiontext="lines">(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.</p>
  
  <p pid="a.954.8/12" pwmotiontext="lines">(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.</p>
  
  <p pid="a.954.8/13" pwmotiontext="lines">(3) Subsection (2) shall not affect the liability of any trustee, employee, or any other person.</p>
  
  <p pid="a.954.8/14" pwmotiontext="lines">(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.</p>
  
  <p pid="a.954.8/15" pwmotiontext="lines">(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.&#8221;&#8221;</p>