Question

What are the legal duties and responsibilities of the members of a board of directors of a community and voluntary organisation? Thanks, Breda

Comments

Eva's picture

An explanation of the

An explanation of the responsibilities of directors can be found in this document which was presented to The Wheel's own board. 

<removed pending correction>Responsibilities and Duties of Directors (PDF 185kB) </removed pending correction>

Regards,

Eva

adrianjaungier1's picture

I read the document attached

I read the document attached from Arthur Cox and under section 3.11 (other important statutory obligations) there is a very important mistake.  The document quotes the Safety Health and Welfare at Work 1989 and employer obligations.  Considering the quoted statutory Instrument was replaced by the Safety,health and Welfare at Work Act 2005 and this document is dated 2007 this is a very serious error on the part of the author. I would have thought that this very important error would have been spotted before it was published. The relevant setion of the 2005 Act is section 80 and subsections.

Anthony Lindsay's picture

Hi Adrian,Thanks for bringing

Hi Adrian,

Thanks for bringing that to our attention.  I've removed the offending link pending investigation and correction.

Anthony

adrianjaungier1's picture

Morning Anthony, I think it

Morning Anthony,


I think it was important to point out this to you as it is factually not correct and may give readers a fasle security in relation to health and safety that is not there in law.  The law changed in 2005 to read:section 80 Safety Health and Welfare at Work Act 2005


 






80.—(1) Where an offence under any of the relevant statutory provisions has been committed by an undertaking and the doing of the acts that constituted the offence has been authorised, or consented to by, or is attributable to connivance or neglect on the part of, a person, being a director, manager or other similar officer of the undertaking, or a person who purports to act in any such capacity, that person as well as the undertaking shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.




 

(2) Where a person is proceeded against as aforesaid for such an offence and it is proved that, at the material time, he or she was a director of the undertaking concerned or a person employed by it whose duties included making decisions that, to a significant extent, could have affected the management of the undertaking, or a person who purported to act in any such capacity, it shall be presumed, until the contrary is proved, that the doing of the acts by the undertaking which constituted the commission by it of the offence concerned under any of the relevant statutory provisions was authorised, consented to or attributable to connivance or neglect on the part of that person.




 

(3) Where the affairs of a body corporate are managed by its members, subsections (1) and (2) shall apply in relation to the acts or defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.


 


I am very surprised and shocked to note the authors a well respected company did not spot this before it was sent out as a final copy

Anthony Lindsay's picture

There's also a treatment of

There's also a treatment of the roles and responsibilities in our Getting to Grips With Governance guide or our original good practice guide, Solid Foundations.