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Act 33, 2009 (XXXIII) – Act anent Immunities and Indemnities for Members of Church Courts and Committees, etc. 20th May 2009.

1. The General Assembly recognising the desirability of making express the immunities and indemnities to which members of General Assemblies and its Commissions, members of General Assembly committees and boards and, in particular, the Trustees serving at any time and from time to time on the Board of Trustees are entitled, and which have hitherto been implicit only, hereby enact as follows:-

(1) In the professed execution of the duties, trusts and powers conferred on the Board of Trustees by the General Assembly, no Trustee shall be personally liable for any loss or damage which may at any time arise or be occasioned by the failure or depreciation in value of the property, funds or securities in which the Board of Trustees may in good faith invest the whole or any part of the funds under their charge, or in which any such funds were found to be invested when the Board of Trustees entered upon the possession and management of the funds previously invested in the name of or for behoof of the General Trustees, nor for insolvency of debtors, nor for the acts, omissions, neglect or default of fellow Trustees or of any bankers, solicitors, factors or other agents employed by them, nor for any losses that might be incurred as a result of any legal action taken or defended by the Board of Trustees on behalf of the Church or any of its congregations, nor for any other loss or damage arising by reason of any other matter or thing excepting always wilful and individual fraud or criminal wrongdoing on the part of any Trustee who is sought to be made so liable.

(2) The General Assembly from the funds of the Church shall indemnify and keep indemnified the Trustees serving at any time and from time to time on the Board of Trustees against any and all personal loss by way of damages, legal expenses or otherwise arising in any claim, proceedings or other process at the instance of any party whether in respect of alleged fault, breach of contract, breach of trust or otherwise relating to the discharge by the Trustees of the duties, trusts and powers conferred on them by the General Assembly, provided always that in the matter concerned such discharge shall have been in good faith. No such indemnities shall be granted in respect of any personal loss suffered by any Trustee by reason of that Trustee’s wilful and individual fraud or criminal wrongdoing.

(3) Members of General Assemblies, Commissions of Assembly, committees and boards (including members of any sub-committees of such committees and boards) of the General Assembly with delegated responsibility for the discharge of specific investment or other management functions, as also any employee or officer of the Church acting in an administrative capacity on the instructions of the General Assembly or the Board of Trustees or any committees (including sub-committees of such committees) of the General Assembly or the Board of Trustees, shall be entitled to the same immunities and indemnities, mutatis mutandis, as are extended to Trustees in terms of numbered paragraphs (1) and (2) above.

The General Assembly repeal Act XIV, 2000.