Not too sure on which way to go on this one and as such we seeking advice.
We are a newly created allotment society who operate on land owned by a large company.
Legally, is it down to us to arrange this insurance or is it down to the company?
Many thanks for any advice
Have you asked them?
NSALG membership gives you a good deal on PLI... :-X
Quote from: saddad on February 02, 2011, 11:54:17
Have you asked them?
NSALG membership gives you a good deal on PLI... :-X
Thanks for the quick reply. We are also asking the company today Saddad but I thought that it might be a good idea to sound out people on this board for an unbiased opinion. We have received a quote from NSALG and as you say it is a reasonable deal. However, if it isn't our responsibility then I don't particularly want to pay.
Occupier's Liability Act 1957 and 1984 says that the occupier owes the duty of care, so if the society is leasing the site then that almost certainly makes the society the occupier, though if you are managing the site under licence and the plot tenants' landlord is actually the company it's not so clear, but it's probably still you, though it would depend on the licence.
Quote from: Unwashed on February 02, 2011, 12:02:52
Occupier's Liability Act 1984 says that the occupier owes the duty of care, so if the society is leasing the site then that almost certainly makes the society the occupier, though if you are managing the site under licence and the plot tenants' landlord is actually the company it's not so clear, but it's probably still you, though it would depend on the licence.
Thanks Unwashed.
Agree. As far as I'm concerned, it's an essential - and not that expensive through NASLG - so get it for yourselves and at least you know you've got it.
And if you do anything as a Society outside the site - plant sales, school fairs, even a publicity event - then you'll need it. (And the organisers should ask to see a certificate and may need it displayed.)
And we've got employer's liability as well, to cover working parties and other communal activities. If you're on a new site, there'll be plenty of that, so get cover for it.
Quote from: Trevor_D on February 02, 2011, 13:19:53
Agree. As far as I'm concerned, it's an essential - and not that expensive through NASLG - so get it for yourselves and at least you know you've got it.
And if you do anything as a Society outside the site - plant sales, school fairs, even a publicity event - then you'll need it. (And the organisers should ask to see a certificate and may need it displayed.)
And we've got employer's liability as well, to cover working parties and other communal activities. If you're on a new site, there'll be plenty of that, so get cover for it.
good post, and I agree about the employers liability as well
our association has both
Thanks for all of the sound advice.
If you're ever doing demonstrations of gardening equipment off site then the Vintage Horticultural and Garden Machinery membership includes PLI providing they follow BAVCC code of practice....
Senex has had a heads up about Dan's policy.
we've just taken ours out with NSALG, 76.50 for 5,000,000 public and product liability, just in case the club's isn't any good ;D
Quote from: ceres on March 19, 2011, 16:30:57
Senex has had a heads up about Dan's policy.
Thank you Ceres. My appologies for any offence Senex. :)
Should we be putting a copy of the certificate on show on the notice board at the allotment?
we have ;D
There's no requirement to do it, but I can't see it would do any harm.
there is a requirement!
certificates of insurance must be displayed at all premises ( sites) where the insured carries out its business. ;)
Quote from: tonybloke on April 06, 2011, 22:53:14
there is a requirement!
certificates of insurance must be displayed at all premises ( sites) where the insured carries out its business. ;)
Isn't that for emloyer's liability insurance? I can't see that an allotment society is a business is it?
A copy of the employers liability insurance must be displayed at the premises insured - nothing to do whether you're a business or not.
And if you take part in any activity off the premises - plant sales at school fetes, for example - a copy of the public liability insurance must be displayed (and given to the organiser).
Thanks A4A members yet again- I did not know that- so it will be up by the end of the day! ;)
Many thanks for the answers
Quote from: Trevor_D on April 07, 2011, 07:17:50
A copy of the employers liability insurance must be displayed at the premises insured - nothing to do whether you're a business or not.
Yes, I agree. The requirement to display the employer's liability insurance comes from the Employers' Liability (Compulsory Insurance) Act 1969 so it's not a question of whether you're a business but whether you're an employer. However, allotment societies will often have employer's liability insurance for their volunteers, and volunteers aren't employees so there'll be no requirement as such to display the certificate.
Quote from: Trevor_D on April 07, 2011, 07:17:50
And if you take part in any activity off the premises - plant sales at school fetes, for example - a copy of the public liability insurance must be displayed (and given to the organiser).
I'm not familiar with this. Where does the requirement come from? Is there an actual requirement to insure these kinds of events?
Quote from: Unwashed on March 20, 2011, 19:04:27
Quote from: ceres on March 19, 2011, 16:30:57
Senex has had a heads up about Dan's policy.
Thank you Ceres. My appologies for any offence Senex. :)
Haven't a clue what your or Ceres' posts mean?
I'm no longer on the committee so not responsible for this, also Scottish law could foreseeably be totally different, however I am pretty sure my site has no public liability insurance. Any thoughts?
Most sites now do get public liability insurance.
Its a safe guard for everyone particularly the committee and trustees.
Of course Scottish law may differ :-\
I've heard that Council managed sites sometimes have insurance provided by the council, but if you are self managed it's much better to have the insurance.
for insurance purposes, volunteers are classed as workers, btw