Unfair Contract Terms Act 1977 (UCTA): Key legislation that restricts the extent to which liability for negligence can be excluded. Requires any exclusion clauses to pass a 'reasonableness test' and prohibits the exclusion of certain types of liability.
Consumer Rights Act 2015: While not directly applicable to volunteers, provides important principles regarding fairness and transparency in contracts that should be considered in drafting.
Health and Safety at Work Act 1974: Establishes organization's duty of care to volunteers and prohibits exclusion of liability for death or personal injury caused by negligence.
Occupiers' Liability Acts 1957 and 1984: Defines the duty of care owed to lawful visitors and establishes responsibility for premises safety.
Compensation Act 2006: Provides framework for negligence claims and includes provisions about considering deterrence of desirable activities.
Common Law Principles: Encompasses duty of care, voluntary assumption of risk (volenti non fit injuria), and reasonableness of terms principles from case law.
Data Protection Act 2018 and UK GDPR: Relevant when collecting and processing personal information from volunteers, establishing data protection requirements.
Equality Act 2010: Ensures the waiver doesn't discriminate against protected characteristics and maintains equal treatment of volunteers.
Mental Capacity Act 2005: Provides framework for assessing and protecting volunteers who may lack capacity to understand and agree to the waiver.
