Re: The Criminal Justice Act 1988 Order 2008
Posted: Thu May 01, 2008 4:05 am
YES it certainly does on all points you've raised Haggis. You didn't say what type of policy you have. It may be that you have a Personal Accident Policy of some description? This will cover only yourself against loss, due to accidental injury sustained by your own actions as a result of training only. Were it the fault of another person, you would have to resolve the matter yourself, with he/she. Outside the training environment, it would be invalid as cover. Or it may cover you and another party. with limited liability protection, within the confines of training only. Again, outside this, it may be invalid as cover, in any further instance. And that renders you inadequately insured, which is unaccepable under the exemption clause.the_haggis wrote:One of the fuzzy areas I want to know more about: public liability insurance. As a paid up member of IMAF practising a recognised sword art I have insurance for the purposes of training. Is this likely to include public liability? Also - if you were to have access to private property to which the public have no access (paid or unpaid) then is public liability insurance still needed? Or would it have to be in place for you to legally transport your blade(s) to class?
As it stands it looks like the actual outcome of the act is to be determined by the insurance companies.Your thoughts?
Public Liability Insurance (PLI) is another policy type altogether. It covers you against claim/s by ANY other parties, where accidental injury to them and/or damage to their property results in loss where you are seen as the liable cause. In other words if you accidentally clobber someone or something in training, or wherever and you cause injury or damage that prevents them from earning their living, or enjoying reasonable quality of life as a result, it pays the likely compensation claim out, so you don't have to, if a successful claim was made against you. Hence the term PUBLIC LIABILTY = your liability risk to the public.
It is this policy you MUST have, along with your VALID licence, as a legal requirement of your exemption under the terms of the sword ban as it protects the public from your accidental actions,-or liabilities,-and you from having to compensate them out of your own pocket! If your policy does NOT offer you this level of cover, it is unlikely that you are insured under the requirements of the Law for MAs. YOU have the weapon, YOU are responsible for it AT ALL TIMES no matter where you are with it; that is the purpose of having this policy; it protects any person, property and yourself from any financial consequences of misadventure your use of a sword may cause.
Let's be perfectly clear. Your sword is now a banned and illegal weapon and the terms of exemption for MAs is that your licence AND PLI document only allows you to purchase further examples of this weapon for the purposes of training in a recognised martial art; and very little else other than a defence that allows you to convey or transport it, securely, from home, to club and back.
The fact that you may have access to private land, that is not owned by you, whether the public has right of way or not, is immaterial and gives you no excuse or "clause" for exempting yourself from the Law that governs everyone else when you step out the door, or finish, leave it and take your sword home on public highways. Also, you're membership of the IMAF is only half your exemption requirement, if this is recognised as a valid licence,- and you could still be prosecuted under the Act and your sword confiscated by the Police if you are found to be carrying it, covered up or not, in a public place without PLI. Conversely, having PLI but a lapsed or unpaid licence still leaves you halfway short; and that also lands you in the soup... BIG time!
Keep your licence up to date and get Public Liability Insurance ASAP. That's all you have to do. I hope this has de-fuzzed the situation for you Haggis. If anyone determines the outcome of this Act, mate, it will more likely be 'INJURY LAWYERS FOR YOU' and their ilk, than Insurance Companies.