Issue: Providers are required by the Adventure Activities Licensing Regulations 2004, regulation 9(1)(c) to be advised by competent persons on safety matters.
1. The provider is therefore obliged to nominate an appropriate Technical Advisor for each activity unless they are appropriate to act as their own Technical Advisor. 'Appropriate' here, would include able and available.
2. Providers are advised to seek the agreement of the individuals themselves either verbally or preferably in writing.
3. This agreement should be to consider offering advice or services, if requested. Even so, there is no obligation on the Technical Advisor to do so.
4. A provisional contract or understanding may be appropriate should advice or services be offered. There is no obligation to do so but both parties may feel more comfortable with a formal agreement.
5. The provider may request advice or services either:
6. The provider should choose the most appropriate technical advisor for any given task. This may or may not be the nominated technical advisor.
7. The nominated technical advisor may decline any particular request for their advice or services.
8. Once an agreement is reached to provide advice or services then both parties are advised to put it in writing outlining, amongst other things, the limits of the advice or service.
9. All providers should be aware of the Licensing Service’s 'Technical Advisor's Pack' which is a collection of various information and articles written on the subject of technical advisors (available from AALS on request).
10. In some circumstances it may be possible for someone who inspects a provider for a National Governing Body to be that provider's nominated technical advisor.
11. These circumstances would require the NGB Approval inspector to be able and available to carry out work or to give advice.
12. This working does not force the NGB inspector to carry out any particular piece of work which arises. They may, of course, decline. However, if it was manifestly obvious that they would not be able or available then they could not be considered as appropriate.
13. Realistically, this is likely only to apply to inspectors for the BCU Centre Approval Scheme.
