The Adventure Activities Licensing Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-enact with modifications the Adventure Activities Licensing Regulations 1996. The Regulations provide for the licensing of persons in respect of the provision of facilities for adventure activities (as defined). The Regulations apply to England, Scotland and Wales.

In addition to minor and drafting amendments, the Regulations make the following changes of substance.

The Regulations provide for the payment of a single fee on application for a licence or a renewal of a licence (regulation 5). The specified fee is £620. This replaces the former requirement for a basic fee of £200 on application and an additional inspection fee calculated on the basis of £200 plus a further sum of £30 per hour based on the number of hours of inspection, subject to a maximum inspection fee of £1,200. In respect of an application for a variation of a licence, the former charge of £100 is now waived.

The Regulations—

(a) provide for an existing licence, in specified circumstances, to continue in force for a maximum period of three months (regulation 7(1) and 15(2));

(b) provide that, in granting a licence on application for renewal, the licensing authority may rely on an inspection carried out within 12 months prior to the date of expiry (regulation 7(2);

(c) enable the relevant national authority (as defined) to determine an appeal by referring any matter back to the licensing authority (regulation 15(6));

(d) require the licensing authority to send an annual report to the relevant national authority in addition to the Health and Safety Commission (regulation 18).

The Regulations provide for transitional provisions in relation to the payment of fees (regulation 19).

A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Department for Education and Skills, Pupil Safety & School Security Team, 2B1, Sanctuary Buildings, Great Smith Street, London SW1P 3BT. A copy has been placed in the library of each House of Parliament.