Health and Safety at Work (Adventure Activities) Regulations 2016

4 Meaning of adventure activity

(1)

Subject to subclauses (2) to (5), in these regulations, adventure activity

(a)

means an activity—

(i)

that is provided to a participant in return for payment; and

(ii)

that is land-based or water-based; and

(iii)

that involves the participant being guided, taught how, or assisted to participate in the activity; and

(iv)

the main purpose of which is the recreational or educational experience of the participant; and

(v)

that is designed to deliberately expose the participant to a serious risk to his or her health and safety that must be managed by the provider of the activity; and

(vi)

in which—

(A)

failure of the provider’s management systems (such as failure of operational procedures or failure to provide reliable equipment) is likely to result in a serious risk to the participant’s health and safety; or

(B)

the participant is deliberately exposed to dangerous terrain or dangerous waters; and

(b)

includes, for example, an activity listed in Schedule 2, but only to the extent that paragraph (a) applies to it.

(2)

An adventure activity does not include any of the following:

(a)

an activity for which a maritime document is required:

(b)

an activity for which instruction is given only in relation to the supply of equipment for use in the activity:

(c)

use of a passenger ropeway:

(d)

use of an amusement device:

(e)

abseiling or climbing, if done indoors:

(f)

ice-skating on a human-made surface:

(g)

a snow activity that is done indoors or within a patrolled ski area.

(3)

An adventure activity does not include an activity provided by a sports club or recreation club to—

(a)

a member of the club; or

(b)

a member of another sports club or recreation club under an agreement between the clubs; or

(c)

a person who is not a member of the club, if the activity—

(i)

is provided only to encourage membership of the club or interest in the club’s activities, or only for the purposes of a competition; and

(ii)

is provided to any 1 person on no more than 12 days in any 12-month period.

(4)

An adventure activity does not include an activity provided by an association representing a sports club or recreation club to—

(a)

a member of the association or of any of the clubs; or

(b)

a member of another association, or of any sports clubs or recreation clubs represented by the other association, under an agreement between the associations; or

(c)

a person who is not a member of the association, or of any of the clubs it represents, if the activity—

(i)

is provided only to encourage membership of the association or interest in the association’s activities, or for the purposes of a competition; and

(ii)

is provided to any 1 person on no more than 12 days in any 12-month period.

(5)

An adventure activity does not include an activity provided by a registered school or a tertiary education provider to—

(a)

a student of the school or provider; or

(b)

a student of another school or provider under an agreement between the schools or providers; or

(c)

a person who is not a student of the school or provider, if the activity—

(i)

is provided only to encourage enrolment with the school or provider or interest in the activities of the school or provider; and

(ii)

is provided to any 1 person on no more than 12 days in any 12-month period.

(6)

In this regulation,—

maritime document has the same meaning as in section 2(1) of the Maritime Transport Act 1994

passenger ropeway has the same meaning as in Schedule 1 of the Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regulations 1999

registered school has the same meaning as in section 2(1) of the Education Act 1989

tertiary education provider has the same meaning as in section 159(1) of the Education Act 1989.

Compare: SR 2011/367 r 4