Issue: Who are the relevant HSW enforcing authorities with regards to providers of adventure activities? N.B. Neither the Licensing Authority nor the Licensing Service has any authority to investigate accidents and can only investigate complaints relevant to licensable activities. They may, however, be asked to assist HSE/LA enforcers. The only sanction available to AALA/S is the refusal to issue or to revoke or amend an existing licence.
This guidance note is intended as a basic guide to the allocation of providers to health and safety enforcing authorities. The general principles of allocation are set out in regulation but the enforcing authorities (HSE and local authorities) can arrange to transfer enforcement allocation between them if is seems reasonable and sensible to do so on a case by case basis. The following table sets out the allocation splits likely to be encountered by Inspectors:
| HSE enforced | Local authority enforced |
|---|---|
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Some local authorities have established charitable or other trusts to operate their leisure and related facilities and may have transferred the assets as well as the management to the trust. In these cases, the local authority may still be the de facto controlling mind of the trust and enforcement is likely to be with the HSE. In cases of doubt, advice should be sought through the Enforcement Liaison Officer at the local HSE office.
Enforcement and investigation responsibilities for activities at sea and in some inland waters are complex, both the Maritime and Coastguard Agency and the Marine Accidents Investigation Branch can have roles to play. In many cases the MCA will be the enforcing authority rather than HSE. The MAIB is an investigating body and has no enforcement role. Some waterborne activities can be out with the scope of the licensing regime altogether. More detail and enforcement guidance can be found in OC 780/1 and the MoU between HSE and the MCA and MAIB (available on the HSE website).
Although any provision by the Crown is exempt from licensing, enforcement of general HSW matters will remain with HSE.
Jurisdiction over enforcement concerning an accident will generally be taken by the authority responsible for the administrative or operational base. In the case of a fatal accident, the local police force will always have initial primacy in the investigation but the relevant Work Related Deaths Protocol should be invoked at the earliest opportunity.
The Adventure Activities (Enforcing Authority) Regulations 2004 provide for local authority enforcement of the licensing regulations both at the premises and wherever activities run from those premises are taking place.
