Indemnities BRd 2
CHAPTER 60
INDEMNITIES
(MOD Sponsor: Directorate of Safety & Claims)
CONTENTS
Para
J.6001. General
J.6002. Passengers in Service Transport
J.6003. Visitors to Service Establishments, etc.
J.6004. Use of Service Facilities (Including Service Transport Other than Road
Transport) for Unofficial and Recreational Activities
J.6005. Testing and Evaluation of Commercial Equipment
J.6006. Use of MOD Property by the Media
J.6007. Adventurous Training Expeditions
J.6008. Service Participation in Non-Service Band Engagements, Air Displays etc.
J.6009. Service Assistance to Outside Organizations
ANNEXES
[Link] 60A:Indemnity Forms for Passengers
60-1
November 2007 Edition
BRd 2 Indemnities
CHAPTER 60
INDEMNITIES
J.6001. General
1. As a general rule, when a facility or service is granted to another party which does not
materially benefit the Ministry of Defence, or where the balance of the benefit is to the other
party, steps should be taken to ensure that the Ministry of Defence is indemnified against
risks which might arise. The purpose of an indemnity (which is sometimes incorporated
into an insurance policy, licence or contract) is to transfer to another party the financial
consequences of the Department’s legal liability together with any other expenses which
may be incurred, and which would otherwise fall to be paid from funds authorized by
Parliament for Defence purposes. Instructions on the more typical circumstances in which
indemnities are required are given in this section.
2. No amendment is to be made to an approved form of indemnity without the agreement
of the appropriate Ministry of Defence authority.
3. On occasions, indemnities may be sought by other parties when facilities or services
are granted by them to the Ministry of Defence. In such circumstances reference is to be
made to the appropriate Ministry of Defence authority before any agreement is entered
into.
4. The Ministry of Defence authorities to whom questions concerning indemnities should
be referred are:
a. Directorate of Safety & Claims - General policy for the Services.
b. DE - Use of Ministry of Defence land and property.
c. DE&S, D Def CP - Procurement contract matters.
J.6002. Passengers in Service Transport
1. Passengers whose carriage in Service transport is clearly in the interests of the
Ministry of Defence may be regarded as ‘MOD sponsored’. Examples of MOD sponsored
passengers are as follows:
a. Service personnel, Ministry of Defence civilians and other Crown servants carried
in the course of duty.
b. Persons engaged in a Ministry of Defence supply contract whose carriage is
necessary to the contract. (Such carriage should normally be subject to the
conditions of the relevant contract).
c. Persons whose carriage is officially approved by DNR, DAR or DofR(RAF) with a
view to future recruitment.
d. Persons carried in an emergency on urgent compassionate grounds.
60-2
November 2007 Edition
Indemnities BRd 2
e. Persons carried for public relations reasons which have been approved by D Def
Pub staff or the relevant front line command.
f. Representatives of the news media where their carriage is of public relations
benefit to the Service and where their carriage has been approved by D Def Pub
staff.
g. Families carried in vessels on Royal Navy Families days.
2. Further instructions covering the carriage of passengers in Service vehicles are given
in JSP 800, Vol 5 Defence Service road Transport Regulations.
3. Passengers whose carriage in Service transport is not sponsored by MOD must pay
a charge which must include an insurance element in accordance with the MOD
Guidelines on Income Generation.
J.6003. Visitors to Service Establishments, etc.
1. No indemnity is required from persons wishing to enter Service establishments, units,
ships or other Ministry of Defence premises in the course of duty, on approved business
(e.g. for recruiting, welfare, open days or other purposes connected with the Services) or
in order to make bona fide visits to persons serving in establishments, units, ships, etc.
However, because the Ministry of Defence may be liable to pay compensation in the event
of accidents occurring to visitors whilst on Ministry of Defence premises, action is to be
taken, where this is practicable, to ensure that visitors are not exposed to any obvious
hazards. This is particularly important when visitors are in an unfamiliar environment such
as a ship, dockyard, workshop etc.
2. Liabilities arising from visits by contractors’ personnel will normally be covered in the
terms and conditions of the appropriate Defence contract.
J.6004. Use of Service Facilities (Including Service Transport Other than Road
Transport) for Unofficial and Recreational Activities
1. When approval is given for the use of Service facilities including transport (other than
road transport - see J.6002., sub para 2 above) for unofficial or recreational purposes then
an indemnity is normally required.
2. Reference should be made to the following instructions for recreational and other
unofficial use of Service facilities:
a. By non-Service organizations for activities such as dances, sports meetings,
driver training and testing, rallies etc. (See JSP 362, Defence Lands Handbook).
b. For civil flying, use of Ministry of Defence airfields including civil participation in
Open Day and At Home air displays. (See JSP 360, Regulations for Civil Flying
at MOD Airfields and Charges for non-UK Military Aircraft using MOD Airfields).
c. By Service clubs and Service personnel for unofficial activities. (See JSP 362,
Defence Lands Handbook).
60-3
November 2007 Edition
BRd 2 Indemnities
3. Further advice may be obtained from Directorate of Safety & Claims or from the
appropriate Defence Estates Office.
J.6005. Testing and Evaluation of Commercial Equipment
1. Where a commercial organization offers equipment to a Service establishment for
testing and evaluation with a view to furthering sales or in the hope of influencing
subsequent Ministry of Defence procurement, it will usually be appropriate for the
department to seek an indemnity from the supplier against accidents which might occur
during or as a consequence of the trials. The indemnity requirements will normally be
included in a formal loan agreement, but in the absence of such an agreement the
establishment’s finance officer is to be notified and Directorate of Safety & Claims and
DE&S, D Def CP are to be consulted as necessary.
J.6006. Use of MOD Property by the Media
1. When Defence Public Relations staff are considering approval for representatives of
the media to be admitted on to Ministry of Defence property for the purpose of producing
feature films, documentaries or drama series then advice on indemnities is to be sought
from Directorate of Safety & Claims at an early stage. No indemnity is required when
representatives of the media are admitted on to Ministry of Defence property for the
purpose of covering the normal activities of the Services, e.g. for news reports or similar
duties. If any doubt exists as regards the necessity for indemnification then Directorate of
Safety & Claims is to be contacted.
J.6007. Adventurous Training Expeditions
1. Details of insurance requirements for adventurous training expeditions and a form of
indemnity for civilian participants are contained in BR 4024, Adventurous Training in the
Royal Navy.
J.6008. Service Participation in Non-Service Band Engagements, Air Displays etc.
1. Service Bands. Reference should be made to Chapter 95 and Joint Service
publications - Instructions for Bands (Army Code No. 14170), and Instructions for Bands
(Army Code No. 14270) for details of indemnity and insurance requirements which apply
when Service bands participate in engagements for the benefit of non-Service
organizations, i.e. Category II and Category IV engagements.
2. Air Displays. The indemnity and insurance arrangements with which organizers of
non-Service air displays are required to comply are contained in JSP 551, Vol 1, Military
Flight Safety Regulations.
60-4
November 2007 Edition
Indemnities BRd 2
J.6009. Service Assistance to Outside Organizations
1. Instructions governing particular occasions when Service personnel are provided to
render approved forms of assistance to civil authorities and other outside organizations,
together with the relevant indemnity and insurance requirements, are contained in the
following references:
a. Military aid to the civil community. (See Chapter 48 and JSP 373.)
b. For the provision of supplies and extraneous services (including loan of
personnel) by the RN and RM on repayment. (See Chapter 85.)
2. Details of indemnity requirements for other types of assistance which are not covered
in this section may be obtained from the appropriate MOD authority. (See Para J.6001..)
60-5
November 2007 Edition