In force2020 Revised Edition

Contents

Amusement Rides Safety Act 2011 · 2020 Revised Edition · Part 9 · Provisions Relating to Offences and Prosecution

59. Presumptions and defences

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(1)

In any proceedings instituted under this Act for —

(a)

the commencement or carrying out of any installation works, modification works or relocation works; or

(b)

the operation of any amusement ride,on any premises in contravention of the provisions of this Act, the owner of the premises at the time the installation works, modification works, relocation works or the operation of the amusement ride was commenced or carried out is presumed, until the contrary is proved, to be the person commencing or carrying out the installation works, modification works, relocation works or the operation of the amusement ride, as the case may be.

(2)

Where anything is required under this Act to be done by the person responsible for, or the ride manager of, an amusement ride, and there is more than one person responsible for the amusement ride or more than one such ride manager, it is a defence to any prosecution for failing to do that thing for the accused to prove —

(a)

that that thing was done by another person responsible for the amusement ride or by another ride manager of the amusement ride, as the case may be; or

(b)

that any notice or order in respect of that thing required under this Act to be served on the person responsible for the amusement ride or on the ride manager of the amusement ride was served on another person responsible for that amusement ride or on another ride manager of that amusement ride (as the case may be) and not on the person charged.

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
installation works
Defined · s 2
“installation works” means all works relating to the installation 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
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
owner
Defined · s 2
“owner” means —(a)in relation to any premises — the person for the time being receiving the rents or profits for the lease of the premises, whether on the person’s own account or as agent or trustee for any other person, or who would so receive the rents or profits if the premises were so leased, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960; and(b)in relation to an amusement ride — the person for the time being receiving the rents or profits for the lease of the amusement ride, whether on the person’s own account or as agent or trustee for any other person, or who would so receive the rents or profits if the amusement ride were so leased;
Open s 2
person responsible
Defined · s 2
“person responsible”, in relation to an amusement ride, means —(a)the person who holds the operating permit in respect of the amusement ride; or(b)if no person holds an operating permit in respect of the amusement ride for the time being — any of the following persons:(i)the owner of the amusement ride or the person who has the charge, management or control of the amusement ride;(ii)the owner of the premises on which the amusement ride is installed;(iii)where the amusement ride is installed in an approved place within the meaning of section 2 of the Public Entertainments Act 1958, and despite the amusement ride not being a public entertainment within the meaning of that section, the holder of a licence under that Act in respect of the public entertainment that is provided at that approved place;(iv)the person who is allowed by virtue of section 75 to operate the amusement ride without an operating permit; or(v)any other person who is prescribed to be the person responsible for the amusement ride for the purposes of this Act;
Open s 2
premises
Defined · s 2
“premises” means any place or building or part thereof, whether privately owned or not, to which the general public or any section of the general public is permitted to have access, whether on payment of a fee or otherwise;
Open s 2
relocation works
Defined · s 2
“relocation works” means all works relating to the relocation of an amusement ride, including the disassembling and reassembling of the amusement ride for the purposes of such relocation;
Open s 2
ride manager
Defined · s 2
“ride manager”, in relation to an amusement ride, means a person appointed under section 16 to oversee, manage and supervise the daily routine operation and maintenance of the amusement ride;
Open s 2

Report

Read on from s 60

Part 10

Miscellaneous

Read on from Part 10