Legal

Insurance

The CII's insurance provision automatically include local institutes' property damage including regalia, public and products liability, business interruption and Directors & Officers.

Details of the full cover are circulated to all institutes after renewal each year, and there is a charge to each institute based on membership size and whether they have any paid for employees.

Updated insurance verification letters for the forthcoming insurance period can be downloaded below.

All local institutes are covered for civil liability under the Professional Indemnity policy; Directors and Officers liability under the Directors and Officers Liability Policy and Employment Practices liability under the Directors and Officers Liability Policy.

The following is covered:

Professional Indemnity: The loss that the policyholder is personally and legally liable to pay on a claim – includes defence/investigation costs, damages, judgments, interest, claimant’s costs and settlement sums – subject to policy limit of £5m. Exclusions include fines and penalties; punitive; exemplary or aggravated damages, contributions (excess) of £50,000 or £5,000 (claim specific).

Directors and Officers Liability: The loss of an Insured Person- subject to policy limit of £5m. Exclusions include fines/penalties and losses uninsurable under English Law.

Employment Practices Liability: The loss of an Insured Person - subject to policy limit of £2m. Exclusions include fines/penalties; matters uninsurable under English Law and future salary following reinstatement; and deductible (excess) of £5,000.

Whilst it should be noted that there exists a potential safety net of insurance cover for discrimination claims brought against local institutes, that is not to say that significant efforts should not be made to improve the education and offering of a local institute council members in discrimination matters in order to fully minimise the risk of potential issues or claims arising.

Copyright Act 1988

The Copyright, Designs and Patents Act 1988, is the current UK copyright law. It gives the creators of literary, dramatic, musical and artistic works the right to control the ways in which their material may be used.

Local institutes will need to obtain permission from copyright holders before using copyright materials.

More information can be obtained from the www.gov.uk website.

For information on Licensing Bodies click Licensing bodies for an overview copywriting your institutes work click GOV - Copyright

Health Act 2009

The Act is best known for having introduced provisions for the creation of a ban on smoking in enclosed public places. This ban focuses on smoking:

In places of work.
In places that the public access to obtain goods and services, including private clubs.
In other places designated by Statutory Instrument.

The sections of the Act allowing a ban extend to England and Wales although the provisions implementing the ban came into effect separately in England and Wales. In England the ban took effect on 1 July 2007. The ban in Wales came into effect on 2 April 2007.

Smoking was banned separately in Northern Ireland and Scotland — in Northern Ireland by the Smoking (Northern Ireland) Order 2006 which took effect on 30 April 2007, and in Scotland (taking effect 26 March 2006) by the Smoking, Health and Social Care (Scotland) Act 2005.

All local institutes are required to conform to provisions of the Health Act, in particular those relating to the prohibition of smoking in certain premises, places and vehicles.

For more information on this visit Smokefree England

Rehabilitation of Offender Act 1974

The Rehabilitation of Offenders Act 1974 (c.53) of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period. Its purpose is that people do not have a lifelong blot on their records because of a relatively minor offence in their past.

Local institute officers are sometimes faced with queries from students, members and / or prospective members relating to various convictions.

Any such queries should be discussed with the CII Secretariat Department.

Visit GOV.UK for further information.