Adventure Activities Licensing Regulations 2004 (Update on the Scheme)
The aim of adventure activities licensing is to provide assurances to the public about the safety of those activity providers who have been granted a licence. In this way it is expected that young people will be able to continue to enjoy exciting and stimulating activities outdoors without being exposed to avoidable risks of death or disabling injury. A licence indicates that the provider has been inspected by the Adventure Activities Licensing Service on behalf of the Adventure Activities Licensing Authority, with particular attention being paid to their safety management systems with young people, and has been able to demonstrate compliance with nationally accepted standards of good practice in the delivery of adventure activities to young people, with due regard to the benefits and risks of the activity.’ Northern Ireland has opted out of the statutory licensing scheme and has decided to adopt a non-statutory adventure mark scheme which many of the N.I providers now hold.
The reason for this article is that if you are planning to operate within England, Scotland or Wales you should read the following section to see if the law applies to you.
Persons who are required to hold a licence
(1) A person who provides facilities for adventure activities is required to hold a licence if that person—
(a)provides such facilities in return for payment; or
(b)is a local authority and provides the facilities to an educational establishment in respect of the pupils of such an establishment;
and where that person provides those facilities at or from more than one activity centre, and operates those activity centres at the same time throughout any period of 28 days or more, a separate licence shall be required in respect of the facilities provided at or from each such centre.
(2) A person is not required to hold a licence in respect of facilities for adventure activities where those facilities are provided—
(a)by a voluntary association—
(i)to its members;
(ii)to the members of some other voluntary association pursuant to an agreement between the associations; or
(iii)to persons who are not its members for the purpose only of encouraging interest in its activities or attracting new members; provided that such facilities shall not be provided, in respect of any one person, on more than three days in any period of twelve months;
(b)by an educational establishment to pupils of that establishment;
(c)to young persons who are, during their participation in the activities in question, accompanied—
(i)by an individual who is their parent or guardian or who has parental responsibility for them within the meaning of the Children Act 1989(1); or
(ii)by an individual who has parental rights within the meaning of the Law Reform (Parent and Child) (Scotland) Act 1986(2) in respect of them or, on and after the day on which section 1 of the Children (Scotland) Act 1995(3) has come into force, has parental responsibilities for them within the meaning of that section; or
(d)under the authority of a licence held by some other person.
The good news for clubs is that you are not required to hold a license to run a trip within England, Scotland or Wales.
For more information www.hse.gov.uk/aala