The Adventure Activities Licensing Regulations 1996

UK Statutory Instrument 1996 No. 772 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 18 March 1996
In force from: 16 April 1996
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: Activity Centres (Young Persons' Safety) Act 1995

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations provide for the licensing of persons in respect of the provision of facilities for adventure activities. “Facilities for adventure activities” is defined in regulation 2; subject to certain exceptions they are facilities which consist of or include some element of instruction or leadership to persons under the age of 18 in connection with their engagement in an adventure activity. An “adventure activity” is caving, climbing, trekking or watersports (all of which are themselves defined in regulation 2). These regulations come into force on 16th April 1996 but under transitional provisions in regulation 19 a person is not required to hold a licence before 1st August 1996. Regulation 3 prescribes the persons who are required to hold a licence; subject to the exceptions contained in paragraph (2) a person is required to hold a licence if he provides facilities for adventure activities in return for payment or (under certain circumstances) if the provider is a local authority. Under certain circumstances a separate licence is required in respect of each activity centre if facilities are provided at or from more than one activity centre. Regulations 4–7 provide for application for licences, the licensing authority’s consideration of licences, the grant of licences and the conditions to be attached to licences. Regulation 8 provides for the cases where the licensing authority may vary or revoke a licence. Regulation 9 places a duty on the licensing authority to consider and, if necessary, investigate any complaint relating to the provision of facilities for adventure activities by licence-holders. Regulation 10 makes provision for certain functions of the licensing authority to be exercised by suitably experienced or qualified persons. Regulation 11 makes provision for the licensing authority to keep a register of licences which is to be open to public inspection. Regulation 14 makes provision for appeals to the Secretary of State against the refusal of a licence and against the imposition of certain conditions, the revocation or variation of a licence or the refusal to vary a licence. Regulation 15 provides that if after 1st October 1997 an application for a licence has been made but no decision has been taken after three months no licence is needed until the decision has been taken and for the continuation of a licence under certain circumstances where an application has been made for a renewal of the licence. Regulation 16 provides for offences; it is an offence to do anything for which a licence is required otherwise than in accordance with the licence; it is also an offence to make certain false statements for the purpose of obtaining or holding a licence. Regulation 17 applies certain provisions of the Health and Safety at Work etc. Act 1974 for the purpose of providing for enforcement of these Regulations. Regulation 18 provides for the licensing authority to make an annual report. Regulation 19 contains transitional provisions; under certain circumstances a licence is not required until 1st October 1997 or 3 months after the date of the application for the licence whichever is the later. Schedule 1 provides for fees payable by applicants for licences and for variation of licences. Schedule 2 prescribes the procedure to be followed where the licensing authority expresses to any person any opinion as to remedial action which should be taken and the procedure to be followed before the licensing authority refuses to grant or vary, imposes certain conditions on, or revokes a licence. A copy of the compliance cost assessment prepared in respect of these Regulations can be obtained from the Health and Safety Executive, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy has been placed in the library of each House of Parliament.

Offences created by this instrument

It is an offence for a person to do anything for which a licence is required to be held by him under these Regulations… regulation 16(1) · Status not determined · Strict liability
It is an offence for a person for the purposes of obtaining or holding a licence— a to make a statement to the… regulation 16(2) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Activity Centres (Young Persons' Safety)(Northern Ireland) Order 1997 Lords · Lords Chamber · 7 April 1998 · Lord Dubs
rose to move, That the draft order laid before the House on 25th November 1997 be approved. The noble Lord said: My Lords, the draft order will introduce provisions comparable with those already in force in Great Britain under the Activity Centres (Young Persons' Safety) Act of 1995. The Great Britain Act was introduced following the Lyme Bay tragedy when four young people lost their lives. Although no fatalities have occurred in Northern Ireland, young people are occasionally injured, and, with the growing popularity of outdoor pursuits among young people, it is important to minimise the…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

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Other instruments from 1996