Adventure Activities Standards Authority Act 2001

PART I Preliminary and General

1 Short title and commencement.

1.—(1) This Act may be cited as the Adventure Activities Standards Authority Act, 2001.

(2) This Act shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

2 Interpretation.

2.—(1) In this Act—

“adventure activities” has the meaning assigned to it by section 8;

“adventure activities operator” has the meaning assigned to it by section 9;

“the Authority” means the body established by section 11;

“the Director” means the chief officer of the Authority;

“the establishment day” means the day appointed by the Minister under section 10;

“functions” includes powers and duties and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

“inspector” means an inspector appointed under section 36;

“the Minister” means the Minister for the Marine and Natural Resources;

“prescribed” means prescribed by regulations made by the Minister;

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.

(2) (a) In this Act, a reference to a section or schedule is a reference to a section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended.

(b) In this Act, a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

3 Orders and regulations.

3.—(1) An order under this Act may contain such consequential, ancillary or subsidiary provisions as the Minister considers necessary or expedient.

(2) The Minister may by order amend or revoke an order made under this Act (other than an order under section 1 or 10), including an order made under this subsection.

(3) Where it is proposed to make an order under this Act (other than an order under section 1 or 10), a draft of the order shall be laid before each House of the Oireachtas, and the order shall not be made until a resolution approving the draft has been passed by each such House.

(4) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

4 Offences.

4.—(1) Any person who contravenes section 17(6) shall be guilty of an offence.

(2) Any person who contravenes section 32(1) or 33(7) shall be guilty of an offence.

(3) A person who wilfully gives, for the purpose of entry in the register of a particular, information which he or she knows to be false or misleading in a material respect or makes any such false or misleading statement reckless as to its truth or otherwise, shall be guilty of an offence.

(4) A person who obstructs or interferes with an inspector when the inspector is exercising a power under section 36, or who fails or refuses to comply with a request or requirement of an inspector under that section, shall be guilty of an offence.

(5) A person who wilfully gives to an inspector information which he or she knows to be false or misleading in a material respect or makes any such false or misleading statement reckless as to its truth or otherwise, shall be guilty of an offence.

(6) A person who continues to operate as an adventure activities operator in respect of a specified adventure activity after he or she has been directed to suspend or cease that adventure activity in accordance with the provisions of any scheme made under section 35 shall be guilty of an offence.

(7) Where an offence under this Act is committed by a body corporate or by a person acting on behalf of a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to have been facilitated by any neglect on the part of any director, manager, secretary or other officer of such body, such a person shall also be guilty of an offence.

5 Penalties.

5.—(1) A person guilty of an offence under section 4(1) shall be liable, on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding six months or, at the discretion of the court, to both such fine and such imprisonment.

(2) A person guilty of an offence under section 4(2), 4(3), 4(4) or 4(5) shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding six months or, at the discretion of the court, to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £10,000 or to imprisonment for a term not exceeding two years or, at the discretion of the court, to both such fine and such imprisonment.

(3) A person guilty of an offence under section 4(6) shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500, together with a fine not exceeding £50 per day for each day on which the failure to comply with the direction continues, provided however that the fines shall not exceed £1,500 in total, or to imprisonment for a term not exceeding six months or, at the discretion of the court, to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £10,000, together with a fine not exceeding £500 per day for each day on which the failure to comply with the direction continues, or to imprisonment for a term not exceeding two years or, at the discretion of the court, to both such fine and such imprisonment.

6 Prosecution of offences.

6.—An offence under this Act may be prosecuted summarily by the Authority.

7 Expenses.

7.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of monies provided by the Oireachtas and the expenses incurred by the Minister for Finance in the administration of this Act shall be paid out of monies provided by the Oireachtas.

PART II Adventure Activities Standards Authority

8 Adventure activities.

8.—(1) “Adventure activities” means any one or more of the following activities, that is to say:

(a) hill-walking in areas more than 300 metres above sea level;

(b) orienteering in areas more than 300 metres above sea level;

(c) caving;

(d) dinghy sailing;

(e) kayaking;

(f) canoeing;

(g) surfing with a surf board;

(h) wind-surfing;

(i) scuba-diving;

(j) snorkelling;

(k) abseiling;

(l) archery;

(m) rock climbing.

(2) The Minister may, after consultation with the Authority, by order amend the definition of adventure activities contained in subsection (1), whether by adding to or deleting from the list of adventure activities specified in subsection (1), or otherwise.

(3) References in this Act to subsection (1) or to a provision of that subsection shall be construed in accordance with any amendment under this section.

9 Adventure activities operator.

9.—(1) “Adventure activities operator” means a person who provides to members of the public for payment or reward—

(a) training, instruction, supervision or leadership in an adventure activity,

(b) facilities (including equipment for hire at a specified location) for the carrying on of an adventure activity, or

(c) any two or more of the services specified in paragraphs (a) and (b).

(2) The Minister may, after consultation with the Authority, by order amend the definition of adventure activities operator contained in subsection (1).

(3) References in this Act to subsection (1) or to a provision of that subsection shall be construed in accordance with any amendment under this section.

10 Establishment day.

10.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.

11 Establishment of Adventure Activities Standards Authority.

11.—(1) On the establishment day there shall stand established a body to be known as Údarás um Chaighdeáin do Ghníomhaíochtaí Eachtraíochta or, in the English language, the Adventure Activities Standards Authority, and in this Act referred to as “the Authority”, to perform the functions conferred on it by this Act.

(2) The provisions of the Schedule shall have effect with respect to the Authority.

12 Power of Minister to vary paragraph 2 of Schedule.

12.—(1) The Minister may, after consultation with the Authority, by order vary the number of members of the Authority for the time being standing specified in paragraph 2 of the Schedule.

(2) References in this Act to paragraph 2 of the Schedule shall be construed in accordance with any order made under this section.

(3) An order under this section shall only be made after consultation with any other Minister of the Government who, having regard to his or her function, ought, in the opinion of the Minister, to be consulted.

13 Power of Minister to vary paragraph 8 of Schedule.

13.—(1) The Minister may, after consultation with the Authority, by order vary the number of ordinary members of the Authority that may be nominated by any person and the persons that may nominate ordinary members of the Authority for the time being standing specified in paragraph 8 of the Schedule.

(2) References in this Act to paragraph 8 of the Schedule or to a provision of that paragraph shall be construed in accordance with any order made under this section.

(3) An order under this section shall only be made after consultation with any other Minister of the Government who, having regard to his or her function, ought, in the opinion of the Minister, to be consulted.

14 Functions of Authority.

14.—(1) The functions of the Authority shall, subject to the provisions of this Act, be to promote, encourage, foster, facilitate and regulate the safe operation of adventure activities in the State.

(2) Without prejudice to the generality of subsection (1), the principal powers of the Authority shall be—

(a) to promote, encourage, foster and facilitate activities and measures directed towards the safe operation of adventure activities in the State;

(b) to administer such schemes, grants and other financial facilities for the promotion, encouragement, fostering, facilitation and regulation of the safe operation of adventure activities as may be authorised from time to time by the Minister, with the consent of the Minister for Finance;

(c) to advise the Minister on any matter relating to its functions.

(3) In carrying out its functions, the Authority shall keep itself informed of general developments and of any policies and objectives of the Government that may have a bearing on those functions.

(4) The Authority may provide or procure the provision of educational, training and advisory services for the purpose of enabling it to perform any of its functions.

(5) The Authority may carry out such research or investigations as it considers necessary or expedient for the performance of its functions.

(6) The Authority shall have all such powers as are necessary or expedient for the purposes of its functions.

(7) Such functions of, services to be provided by or activities to be carried out by, the Authority as it may determine may be performed, provided or carried out by or in conjunction with such other person as the Authority may, with the consent of the Minister, determine.

15 Conferral of additional functions on Authority.

15.—The Minister may, if he or she so thinks fit, by order—

(a) confer on the Authority such additional functions connected with the functions for the time being of the Authority or the services or activities that the Authority is authorised for the time being to provide or carry on as he or she considers appropriate, and

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on the Authority of functions under this section or the performance by the Authority of functions so conferred (including provision for the transfer to the Authority of any property held by the Minister for the purposes of functions conferred on the Authority under this section).

16 Investigations and special reports.

16.—(1) (a) The Authority may at any time direct any of its staff or any other competent person as it considers appropriate to investigate the circumstances surrounding any accident, incident, occurrence or situation or any other matter related to the general purposes of this Act and make a report to it, to be known and in this section referred to as “a special report”, on such matter.

(b) The purposes of an investigation under this subsection shall be to determine the cause of the accident, incident, occurrence, or situation and the adequacy of any codes of practice published or approved of under section 34 with a view to recommending changes, where appropriate, and shall not be for the purposes of attributing blame or responsibility for the accident, incident, occurrence, situation or other matter.

(c) A person who is not an inspector undertaking an investigation under this section shall, for the purposes of such investigation, have all the powers of an inspector under this Act.

(2) In the case of an investigation and special report made under subsection (1) (otherwise than by a member of the staff of the Authority), the Authority may pay to the person making it such fees and expenses as the Minister may, with the approval of the Minister for Finance, determine.

(3) The Authority may, to such extent as the Minister may determine, defray the costs, other than those incurred under subsection (2), if any, incurred in the preparation of a special report.

(4) A copy of a special report made under subsection (1) shall be presented to the Minister as soon as may be and the Authority shall cause such report to be made public within a reasonable time and in such manner as it thinks fit.

(5) The Authority shall not have power to direct an investigation into an accident at a place of work (within the meaning of the Safety, Health and Welfare at Work Act, 1989) or in Irish waters (within the meaning of the Merchant Shipping (Investigation of Marine Casualties) Act, 2000) save with the consent of the Minister given with the concurrence of any other Minister of the Government he or she considers appropriate.

17 Preparation of draft report and observations of affected persons.

17.—(1) Before publishing a report under section 16, the Authority shall send a draft of the report or sections of the draft report to any person who, in its opinion, is likely to be adversely affected by the publishing of the report or sections or, if that person is deceased, then such person as appears to the Authority best to represent the interest of that person.

(2) A person to whom the Authority sends a draft in accordance with subsection (1) may, within a period of 28 days commencing on the date on which the draft is sent to the person, or such further period, not exceeding 28 days, as the Authority in its absolute discretion thinks fit, submit to the Authority in writing his or her observations on the draft.

(3) A person to whom a draft has been sent in accordance with subsection (1) may apply to the Authority for an extension, in accordance with subsection (2), of the period in which to submit his or her observations on the draft.

(4) Observations submitted to the Authority in accordance with subsection (2) shall be included in an appendix to the published report, unless the person submitting the observations requests in writing that the observations not be published.

(5) Where observations are submitted to the Authority in accordance with subsection (2), the Authority may, at its discretion—

(a) alter the draft before publication or decide not to do so, or

(b) include in the published report such comments on the observations as it thinks fit.

(6) A person to whom a draft has been sent in accordance with subsection (1) shall not publish or publicise, or cause to have published or publicised, the draft or its contents, except with the prior consent in writing of the Authority.

18 Power to direct an inquiry.

18.—(1) The Authority may, where it considers it necessary to do so and with the consent of the Minister, direct an inquiry to be held into any accident, incident, occurrence or situation or any other matter related to the general purposes of this Act.

(2) The following provisions shall have effect in relation to an inquiry under this section—

(a) the Authority shall appoint a competent person to hold the inquiry, and may appoint any person possessing legal or special knowledge to act as assessor to assist in the inquiry;

(b) the person or persons appointed (hereinafter referred to as “the tribunal”) shall hold the inquiry in such manner and under such conditions as the tribunal may think appropriate for enabling it to conduct the inquiry, and for enabling the tribunal to make its report;

(c) the tribunal shall have for the purposes of the inquiry all the powers of a judge of the District Court when hearing a prosecution for an offence under this Act, and all the powers of an inspector under this Act, and in addition, power—

(i) to enter and inspect any premises or place the entry or inspection whereof appears to the tribunal requisite for the said purposes;

(ii) by summons signed by the tribunal to require the attendance of all such persons as it thinks fit to call before it and examine for the said purposes, and to require answers or returns to such inquiries as it thinks fit to make;

(iii) to require the production in legible form of all records, whether kept in manual form or otherwise, books, papers and documents which it considers necessary for the said purposes;