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The Adventure Activities (Enforcing Authority) Regulations 2004

S.I. 2004/1359 · Made 14 May 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HEALTH AND SAFETY

Made 14th May 2004

Laid before Parliament 19th May 2004

Coming into force 9th June 2004

The Secretary of State for Education and Skills, acting in relation to England, Scotland and Wales, in exercise of the powers conferred on the Secretary of State by section 18(2) of the Health and Safety at Work etc. Act 1974f1, having consulted the Health and Safety Commission (“the Commission”) and such other bodies as appear to the Secretary of State to be appropriate in accordance with section 50(1) of that Act, hereby makes the following Regulations–

Annotations to the whole text

Footnotes

f1

1974 c. 37; as applied with modification by regulation 17 of the Adventure Activities Licensing Regulations 2004.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Application of Health and Safety (Enforcing Authority) Regulations 1998
  3. 3Revocation
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Adventure Activities (Enforcing Authority) Regulations 2004 and shall come into force on 9th June 2004.

(2)

In these Regulations, “the 2004 Regulations” means the Adventure Activities Licensing Regulations 2004f1.

2Application of Health and Safety (Enforcing Authority) Regulations 1998

(1)

The Health and Safety (Enforcing Authority) Regulations 1998f1 shall, subject to paragraph (2) below, apply in respect of the enforcement of the 2004 Regulations.

(2)

Where, by virtue of paragraph (1) above, a local authority is responsible for the enforcement of the 2004 Regulations in relation to premises, it shall be responsible for such enforcement in relation to the provision of facilities for adventure activities (within the meaning of the 2004 Regulations)–

(a)

at those premises; and

(b)

from those premises if the premises are, at the time in question, primarily used for, or as a base for, the provision of instruction or leadership in sporting, recreational or outdoor activities;

and references in the said Regulations of 1998 to an enforcing authority for premises shall be construed accordingly.

3Revocation

The Adventure Activities (Enforcing Authority and Licensing Amendment) Regulations 1996f1 are hereby revoked.

Signature

Ivan Lewis

Parliamentary Under Secretary of State,

Department for Education and Skills

14th May 2004

Explanatory note

(This note is not part of the Regulations)

These Regulations revoke and re-enact with necessary amendments the Adventure Activities (Enforcing Authority and Licensing Amendment) Regulations 1996 which are revoked.

The Regulations apply, with modifications, the Health and Safety (Enforcing Authority) Regulations 1998 (which allocate enforcement responsibilities between local authorities and the Health and Safety Executive) in respect of the enforcement of the Adventure Activities Licensing Regulations 2004.