strathspey@strathspey.org:72092

Andrew C Aitchison

RE: Dancing clubs and insurance in the UK

Oct. 2, 2021, 6:09 p.m. (Message 72092)

On Fri, 1 Oct 2021, Pia Walker  wrote:

> I assume (i.e don't know 😊) that trustee insurance is so Board members
> are protected if an association / organisation is sued as a whole 
entity.

https://www.gov.uk/government/publications/charities-and-insurance-cc49/charities-and-ins
urance#trustee-indemnity-insurance
- which only applies to England and Wales and dates from 2012 - says:

   Trustee indemnity insurance (TII) covers trustees from having to
   personally pay legal claims that are made against them (by their
   charity or by a third party), for a breach of trust, or a breach of
   duty or negligence committed by them in their capacity as trustees.

   The main difference between TII and other types of insurance taken
   out for the benefit of the charity is that TII directly protects an
   individual trustee, rather than the charity itself. For that reason,
   TII is regarded as a form of personal benefit to a trustee and a
   charity will need a proper legal authority before it can buy it
   using its own funds. Many charities have long had this type of
   authority in their governing documents, but if not, s.189 of the
   Charities Act now provides a general power to buy TII using charity
   funds. The cost must be reasonable and trustees must be sure that
   TII is in the best interests of their charity.

-- 
Andrew C. Aitchison                                     Kendal, UK
                         xxxxxx@xxxxxxxxx.xx.xx