Title and commencement1
1
This Order may be cited as the Activity Centres (Young Persons' Safety) (Northern Ireland) Order 1998.
2
This Order shall come into operation on the expiration of two months from the day on which it is made.
Interpretation2
1
The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
Adventure activities: licensing3
1
The Department, after consultation with theF2 Executive, shall by order designate a person ( “the licensing authority”) to exercise such functions as may be prescribed by regulations relating to the licensing of persons providing facilities for adventure activities.
2
In this Article “facilities for adventure activities” means such facilities, for such sporting, recreational or outdoor activities, as may be prescribed by regulations; but the expression does not include—
a
facilities which are provided exclusively for persons who have attained the age of 18; or
b
facilities which do not consist of, or include some element of, instruction or leadership.
3
Regulations may make provision as to—
a
the cases or circumstances in which persons providing facilities for adventure activities are, or are not, required to hold a licence;
b
any requirements relating to safety (whether applying to facilities for adventure activities or to other facilities) which must be satisfied by an applicant for a licence;
c
the conditions subject to which licences are granted (which may include conditions relating to inspection by the licensing authority and conditions imposing requirements of the kind referred to in sub-paragraph (b));
d
the variation of such conditions;
e
the renewal, variation, transfer and revocation of licences by the licensing authority;
f
the charging by the licensing authority of such fees in connection with licences as may be specified in the regulations;
g
the making of payments by the licensing authority into the Consolidated Fund;
h
the investigation by the licensing authority of complaints concerning licence-holders;
i
the exercise of functions of the licensing authority by persons authorised by it;
j
the keeping, and availability for inspection by the public, of a register of licences;
k
the bringing of appeals to the Department against such decisions of the licensing authority as may be specified in the regulations; and
l
the procedure to be followed on, and the orders which may be made on determination of, such appeals.
4
In exercising its functions under regulations made under this Article the licensing authority shall have regard to any guidance given to it from time to time by theF2 Executive; and before giving guidance under this paragraph theF2 Executive shall consult such persons (if any) as theF2 Executive considers it appropriate to consult.
Offences4
1
Regulations may provide for it to be an offence—
a
to do anything for which a licence is required under the regulations, otherwise than in accordance with a licence; or
b
for the purposes of obtaining or holding a licence—
i
to make a statement to the licensing authority (or someone acting on its behalf) knowing it to be false in a material particular; or
ii
recklessly to make a statement to the licensing authority (or someone acting on its behalf) which is false in a material particular.
2
A person convicted of an offence under regulations made under paragraph (1) shall be liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment—
i
for an offence under regulations made under paragraph (1)(a), to imprisonment for a term not exceeding two years, or a fine, or both;
ii
for an offence under regulations made under paragraph (1)(b), to a fine.
3
Regulations under paragraph (1)—
a
may provide defences to be available in proceedings for an offence under the regulations;
b
may make, in relation to provisions of the regulations, provision which applies (with or without modifications), or has a similar purpose to that of, any of the provisions of the [1978 NI 9.] Health and Safety at Work (Northern Ireland) Order 1978 set out in paragraph (4).
4
The provisions mentioned in paragraph (3)(b) are—
a
Articles 17(7) and 33 (venue);
b
Articles 20 to 22 and 28 (enforcement authorities and inspectors);
c
Articles 23 to 26 (improvement and prohibition notices);
d
Article 27 (power to deal with cause of imminent danger);
e
Articles 29 and 30 (obtaining and disclosure of information);
f
Article 31(1)(e) to (j), (n) and (o) F3and (2) (and the related provisions of Schedule 3A) (ancillary offences);
g
Article 32(2) to (4) (extension of time for bringing summary proceedings);
h
Article 34(1) (offences due to the fault of other persons);
i
Articles 35 and 36 (restriction on institution of proceedings and prosecutions by inspectors);
j
Articles 37 and 38 (onus of proving limits of what is practicable etc., and evidence); and
k
Article 39 (power of court to order cause of offence to be remedied and, in certain cases, forfeiture).
Supplementary provisions5
1
An order under Article 3(1) revoking a previous order may include transitional or incidental provision (including provision for the transfer of property, rights and liabilities from the old licensing authority to the new).
2
Regulations under Article 3 or 4 shall be made by the Department and may include transitional provisions.
3
Before making regulations under Article 3 or 4 the Department shall consult theF4 Executive and such other bodies (if any) as the Department considers it appropriate to consult.
4
TheF4 Executive may from time to time submit to the Department such proposals as theF4 Executive considers appropriate for the making of regulations under Article 3 or 4; and where the Department proposes to make regulations in the form submitted under this paragraph, the requirement under paragraph (3) to consult theF4 Executive shall not apply.
5
Nothing in, or done by virtue of, this Order or regulations under it shall prejudice any of the relevant statutory provisions (whenever made) as defined in Article 2(2) of the [1978 NI 9.] Health and Safety at Work (Northern Ireland) Order 1978 or anything done by virtue of any of those provisions.
6
An order or regulations under Article 3 or 4 shall be subject to negative resolution.
7
The Department may make grants to the licensing authority in respect of such of that authority's expenses under this Order as are not met by fees; and grants under this paragraph may be made subject to such conditions, including conditions as to repayment, as the Department may determine.
functions transfs.by SR 1998/481