In forceAmended2020 Revised Edition

Contents

Amusement Rides Safety Act 2011 · 2020 Revised Edition · Part 4 · Major Modification of Amusement Rides

24. Application for and issue of modification permit

Feedback & support

Amended

Last amended by an amending law of 2023.

(1)

An application for a modification permit must —

(a)

be made to the Commissioner in such form and manner as the Commissioner may require;

(b)

be submitted to the Commissioner together with such documents and particulars as the Commissioner may require; and

(c)

be accompanied by the prescribed fee.

(2)

A person who wishes to obtain a modification permit must, before making an application under subsection (1) —

(a)

appoint a qualified person to —

(i)

review the design and specifications and the proposed modification method and programme of the major modification of the amusement ride and certify that they conform to the prescribed requirements;

(ii)

supervise the modification works; and

(iii)

inspect and certify the amusement ride under section 30 upon the completion of its major modification,for which purpose either the same qualified person may be appointed to carry out all of the functions mentioned in sub‑paragraphs (i), (ii) and (iii), or a different qualified person may be appointed to carry out each of those functions;

(b)

where applicable, apply, in accordance with section 5 or 5A of the Building Control Act 1989, to the Commissioner of Building Control for approval of the plans of any building works relating to any building which forms part of the amusement ride to be modified or to which the amusement ride is connected, or (as the case may be) ensure that the conditions in section 5AA(2) of that Act are satisfied in relation to such plans; and

(c)

apply, in accordance with section 36, to the Commissioner of Civil Defence for approval of the design and plans of the fire and rescue management system of the amusement ride as proposed to be modified.

(3)

Upon receiving an application under subsection (1) and the accompanying documents and particulars, the Commissioner may —

(a)

subject to subsection (4), issue a modification permit to the applicant —

(i)

in such form or manner as the Commissioner may determine; and

(ii)

subject to such conditions as the Commissioner thinks fit to impose;

(b)

in writing direct the applicant, at the applicant’s own expense and within the time specified in the direction, to —

(i)

make such alterations or amendments as the Commissioner may require to either or both the design and specifications and the proposed modification method and programme of the major modification;

(ii)

take such measures as the Commissioner may specify for the purpose of ensuring that the modification works will conform to the prescribed requirements; and

(iii)

resubmit the application for the modification permit upon having made those alterations or amendments or taken those measures; or

(c)

refuse to issue the modification permit, in which case the Commissioner must, if requested to do so by the applicant, state in writing the reasons for the refusal.

(4)

The Commissioner must not issue a modification permit unless the Commissioner is satisfied that —

(a)

the applicant —

(i)

is a fit and appropriate person to be issued a modification permit; and

(ii)

satisfies the prescribed requirements;

(b)

the design and specifications and the proposed modification method and programme of the major modification have been reviewed in accordance with section 46 by a qualified person appointed by the applicant under subsection (2)(a)(i) and certified by the qualified person as conforming to the prescribed requirements;

(c)

where applicable, the plans of any building works relating to any building which forms part of the amusement ride to be modified, or to which the amusement ride is to be connected, have been approved or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA of the Building Control Act 1989;

(d)

the design and plans of the fire and rescue management system of the amusement ride as proposed to be modified have been approved by the Commissioner of Civil Defence under section 36(3)(a); and

(e)

the modification works will be carried out under the supervision of a qualified person appointed by the applicant under subsection (2)(a)(ii) (whether or not the qualified person is the same qualified person mentioned in paragraph (b) or a different qualified person).

(5)

If any direction given by the Commissioner under subsection (3)(b) is not complied with within the time specified in the direction, or such further period as the Commissioner may allow, the Commissioner may dismiss the application.

Terms defined in s 2

amusement ride
Defined · s 2
“amusement ride” means any mechanised or power‑driven device or any combination of such devices, together with any machinery, equipment and plant connected thereto or used in connection therewith, which —(a)is designed to carry patrons on, along, around, over or through a fixed or restricted course, or within a defined area, for the primary purpose of giving those patrons amusement, pleasure, thrills or excitement; and(b)is available for use by members of the public upon their payment of a fee or otherwise,whether or not that device or combination of devices is erected to remain as a lasting part of any premises or is regularly relocated, and —(c)includes such other device or combination of devices as may be prescribed to be an amusement ride for the purposes of this Act; but(d)does not include any —(i)coin-operated ride;(ii)playground equipment; or(iii)device or combination of devices which is prescribed as not being an amusement ride for the purposes of this Act;
Open s 2
building
Defined · s 2
“building” has the meaning given by the Building Control Act 1989, and includes any part of an amusement ride which is declared to be a building under paragraph (g) of the definition of “building” in section 2(1) of that Act;
Open s 2
building works
Defined · s 2
“building works” has the meaning given by section 2(1) of the Building Control Act 1989;
Open s 2
Commissioner
Defined · s 2
“Commissioner” means the Commissioner of Amusement Rides Safety appointed under section 3(1);
Open s 2
Commissioner of Building Control
Defined · s 2
“Commissioner of Building Control” means the appropriate Commissioner of Building Control appointed under section 3(1) of the Building Control Act 1989;
Open s 2
Commissioner of Civil Defence
Defined · s 2
“Commissioner of Civil Defence” means the Commissioner of Civil Defence appointed under section 6 of the Civil Defence Act 1986 and includes any public officer or member of the Civil Defence Force designated by the Commissioner of Civil Defence to act in his or her place for the purposes of this Act;
Open s 2
design and specifications
Defined · s 2
“design and specifications” means —(a)in relation to an amusement ride — the design and specifications (including any plans and calculations) of or relating to —(i)the machinery, equipment and plant connected to, or used in connection with, the amusement ride;(ii)the structure and components of the amusement ride;(iii)the materials used to construct the amusement ride;(iv)the stability and structural integrity of the amusement ride; and(v)such other aspects of the amusement ride as may be prescribed; and(b)in relation to any major modification to be carried out on an amusement ride — the design and specifications (including any plans and calculations) in accordance with which any aspect of the amusement ride mentioned in paragraph (a)(i) to (v) is to be modified pursuant to the major modification;
Open s 2
fire and rescue management system
Defined · s 2
“fire and rescue management system”, in relation to an amusement ride, means any installation, apparatus or equipment (whether integrated as part of the amusement ride or otherwise) and the protocols and instructions for the activation, operation and use thereof, which are designed to be used for —(a)addressing —(i)any occurrence of fire on the amusement ride or any part thereof (including the spread of smoke or any other harmful emission arising from such fire);(ii)any occurrence arising from the operation of the amusement ride that results or is likely to result in any person being injured, stranded or trapped on or in any part of the amusement ride; and(iii)such other occurrence arising from the operation of the amusement ride as may be prescribed;(b)giving warning of any occurrence mentioned in paragraph (a), or of the likelihood of any such occurrence;(c)providing a means of rescue, escape or evacuation of persons from the amusement ride in the event of any occurrence mentioned in paragraph (a); and(d)providing access to any premises or place for the purpose of addressing any occurrence mentioned in paragraph (a);
Open s 2
major modification
Defined · s 2
“major modification”, in relation to an amusement ride, means any manner of change to the structure or mechanism of the amusement ride which is prescribed as a major modification for the purposes of this Act;
Open s 2
modification method and programme
Defined · s 2
“modification method and programme”, in relation to the major modification of an amusement ride, means the method and programme to be followed for the major modification of the amusement ride, and includes all safety assessments and tests to be carried out during or upon the completion of the modification works;
Open s 2
modification permit
Defined · s 2
“modification permit” means a permit issued by the Commissioner under section 24 authorising the major modification of an amusement ride;
Open s 2
modification works
Defined · s 2
“modification works” means all works relating to the major modification or minor modification (as the case may be) of an amusement ride, but does not include any building works relating to the construction or modification of any building which forms part of the amusement ride or to which the amusement ride is connected;
Open s 2
prescribed requirements
Defined · s 2
“prescribed requirements” means the requirements (if any) prescribed by any provision of this Act or by the regulations and, where appropriate, includes such codes, standards and specifications as may be adopted by those regulations pursuant to section 73;
Open s 2
qualified person
Defined · s 2
“qualified person” means a person who —(a)is registered as a specialist professional engineer in the discipline of amusement ride engineering under the Professional Engineers Act 1991; and(b)has in force a specialist practising certificate issued under that Act;
Open s 2