STATUTORY INSTRUMENTS

S.I. No. 449 of 2003

PLANNING AND DEVELOPMENT ACT, 2000 (CERTIFICATION OF FAIRGROUND EQUIPMENT) REGULATIONS, 2003

Dublin

Published by the Stationery Office

S.I. No. 449 of 2003

PLANNING AND DEVELOPMENT ACT, 2000 (CERTIFICATION OF FAIRGROUND EQUIPMENT) REGULATIONS, 2003

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by section 262 of the Planning and Development Act 2000 ( Section 14 of the Planning and Development (Amendment) Act, 2002 , hereby makes the following regulations:

1.     These Regulations may be cited as the Planning and Development Act, 2000 (Certification of Fairground Equipment) Regulations 2003

2.     These regulations, shall come into effect on 1 October, 2003

3.     In these Regulations, save where the context otherwise requires:-

“the Act” means the Planning and Development Act 2000 ( No 30 of 2000 )

“authorised person” means a person standing authorised by the Minister for the purposes of determining applications for certificates of safety;

“certificate of safety” means a certificate of safety for fairground equipment in accordance with section 239 of the Act;

“fairground equipment” means fairground equipment as defined in section 239 of the Act;

“funfair” means a funfair as defined in section 239 of the Act;

“funfair guidance document” means a funfair guidance document within the meaning of Article 3 of these regulations;

“the Minister” means the Minister for the Environment, Heritage and Local Government;

4.(1) The Minister may publish, or arrange to have published on his behalf, a document to be known as a “funfair guidance document” for the purpose of providing guidance on matters to be taken into account in determining applications for certificates of safety, including guidance on compliance by fairground equipment with such safety standards, codes of practice or related documents as may be considered necessary for the grant of a certificate of safety.

(2)    Subject to the provisions of sub-article (3) of this article, compliance with guidance contained in a funfair guidance document shall, prima facie, indicate compliance with the standard of safety required to grant a certificate of safety.

(3)    The provision of any guidance contained in a funfair guidance document published under sub-article (1) of this article concerning the manner of testing or safety of a particular material, method of assembly, power supply or other specification, shall not be construed as prohibiting compliance with the standard of safety required to grant a certificate of safety by the use of any other testing, material, method of assembly, power supply or other specification.

(4)    A funfair guidance document may set out the types of fairground equipment in respect of which certificates of safety are not required under these regulations.

5.(1) The Minister may from time to time designate in a funfair guidance document the persons standing authorised to determine applications for certificates of safety.

(2)    Persons authorised to determine applications for certificates of safety shall take account of the guidance contained in a funfair guidance document in determining applications for certificates of safety.

6.(1) A certificate of safety shall be in the form set out in a funfair guidance document or a form substantially to the like effect.

(2)    Applications for certificates of safety shall be accompanied by such plans, specifications, test results or other information as the funfair guidance document, or the authorised person who is to determine the application, may reasonably require.

7.(1) A certificate of safety shall be valid for a period of fourteen months from the date of issue of such certificate or any shorter period as may be specified by an authorised person.

(2)    A certificate of safety shall not be required in respect of any funfair equipment before 1 March, 2004.

8.(1) On receipt of an application for a certificate of safety, an authorised person shall decide whether to accept and process such application, and shall inform the applicant within five working days if the application is not to be accepted and processed by the authorised person or if additional information must be provided before the application be accepted.

(2)    An authorised person shall, having decided to accept and process an application for a certificate of safety:-

(a)         consider the application; and

(b)         grant the certificate, with of without conditions, or refuse to grant the certificate as the case may be.

8.(3) Where an authorised person decides to grant a certificate of safety:-

(a)      the form set out in a funfair guidance document or a form substantially to the like effect, shall be the form of every such certificate; and

(b)      the authorised person shall cause the certificate to be sent to the applicant, and shall retain a copy of the certificate and shall cause a copy of the certificate to be sent to the Minister.

(c)      The certificate of safety shall be retained by the authorised person and the owner for a period of not less than 10 years.

(d)      Where equipment is transferred to a new owner, certificates of safety must be transferred with the equipment.

8.(4) Where an authorised person decides to refuse to grant a certificate of safety, the authorised person shall notify the applicant in writing of their decision and the reasons therefor.

(5)    An authorised person shall determine an application for a certificate of safety within such period and for such fee as may be agreed between the applicant and the authorised person.

9.     A person who intends to hold or organise a funfair, other than at a place where the operation of funfair equipment has been authorised under a permission under Part III of the Act or Part IV of the Local Government (Planning and Development) Act, 1963 , shall, notwithstanding section 239 (7) (a) of the Act, give two working days notice in writing to the local authority in whose functional area the funfair is to be held. This notice shall be accompanied by a valid certificate of safety and shall include details of the location and dates on which the funfair is to be held in accordance with Section 239 (7) (b) of the Planning and Development Act, 2000 .

10.   The following class of fairground equipment shall be exempt from the provisions of section 239 of the Planning and Development Act, 2000 as amended by section 14 of the Planning and Development (Amendment) Act, 2002 ; namely, playground equipment provided by a local authority.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations deal with matters of procedure, administration and control in relation to applications for, and grant of, certificates of safety for funfair equipment.