Adventure Activities Standards Authority Act, 2001

Codes of practice.

34.—(1) The Authority may and, at the request of the Minister, shall—

(a) prepare and publish codes of practice, or

(b) approve of a code of practice or any part of a code of practice drawn up by any other body

for the purpose of providing practical guidance with respect to the safe operation of each of the adventure activities specified in section 8 (1).

(2) The Authority shall, before publishing or approving of a code of practice, consult with the Minister and any person or body that appears to the Authority to be appropriate, or that may be prescribed.

(3) Where the Authority publishes or approves of a code of practice or approves of any part of a code of practice, it shall publish a notice to that effect in the Iris Oifigiúil, specifying the adventure activity in relation to which the code is published or approved of and the date from which the code shall have effect.

(4) The Authority may, after consultation with the Minister and any person or body that appears to the Authority to be appropriate, or that may be prescribed—

(a) amend or revoke a code of practice prepared and published by it under this section, or

(b) withdraw its approval of any code of practice or part of a code of practice approved of by it under this section.

(5) Where the Authority amends or revokes, or withdraws its approval of a code of practice or any part of a code of practice published or approved of under this section, it shall publish a notice to that effect in the Irish Oifigiúil.

(6) An adventure activities operator shall comply with a code of practice or any part of a code of practice published or approved of under this section.

(7) A failure by an adventure activities operator to observe a code of practice or any part of a code of practice published or approved of under this section shall not of itself render that person liable to any civil or criminal proceedings.

(8) A document bearing the seal of the Authority and purporting to be a code of practice or part of a code of practice published or approved of by the Authority under this section shall be admissible in evidence in any proceedings under this Act.