239.—(1) In this section—

“fairground equipment” includes any fairground ride or any similar equipment which is designed to be in motion for entertainment purposes with members of the public on or inside it, any equipment which is designed to be used by members of the public for entertainment purposes either as a slide or for bouncing upon, and any swings, dodgems and other equipment which is designed to be in motion wholly or partly under the control of, or to be put in motion by a member of the public or any equipment which may be prescribed, in the interests of public safety, for the purposes of this section;

“funfair” means an entertainment where fairground equipment is used.

(2) The organiser of a funfair and the owner of fairground equipment used at a funfair shall take such care as is reasonable in the circumstances, having regard to the care which a person attending the funfair may reasonably be expected to take for his or her own safety, and, if the person is at the event in the company of another person, the extent of the supervision and control the latter person may be expected to exercise over the former person’s activities to ensure that persons on the land in connection with the funfair do not suffer injury or damage by reason of any danger arising out of the funfair or associated activities.

(3) It shall be the duty of every person being on land in connection with a funfair to which this section applies to conduct himself or herself in such a way as to ensure that as far as is reasonably practicable any person on the land is not exposed to danger as a consequence of any act or omission of his or hers.

(4) (a) An organiser of a funfair or an owner of fairground equipment shall not make available for use by the public any fairground equipment unless such equipment has a valid certificate of safety in accordance with regulations made under subsection (5).

(b) An organiser of a funfair or owner of fairground equipment who makes available for use by the public any fairground equipment otherwise than in accordance with paragraph (a), shall be guilty of an offence.

(5) The Minister shall by regulations provide for such matters of procedure, administration and control as appear to the Minister to be necessary or expedient in relation to applications for and the grant of certificates of safety for fairground equipment.

(6) Without prejudice to the generality of subsection (5), regulations under that subsection may provide for—

(a) the class or classes of persons who are entitled to grant certificates of safety,

(b) the matters to be taken into account in determining applications for safety certificates,

(c) the payment of a prescribed fee for an application for a certificate of safety,

(d) the period of validity of a certificate of safety, and

(e) any class of fairground equipment to be exempt from the provisions of this section.

F1141[(6A) Regulations under this section may be made to any extent by reference to a document published by or on behalf of the Minister.]

(7) (a) A person who intends to hold or organise a funfair, other than at a place where the operation of funfair equipment has been authorised by a permission under Part III of this Act or Part IV of the Act of 1963 or is not otherwise an unauthorised use, shall give 2 weeks notice (or such other period of notice as may be prescribed) in writing to the local authority in whose functional area the funfair is to be held.

(b) The notice referred to in paragraph (a) shall be accompanied by a valid certificate of safety for the fairground equipment to be used at the funfair and shall give details of the names of the organiser of the funfair, the owner or owners of the fairground equipment to be used at the funfair and the location and dates on which the funfair is to be held.

(8) (a) Where a local authority has reason to believe that a funfair is taking place, or is likely to take place, which is not in compliance with subsection (4) or (7), the authority may serve a notice on any person it believes to be holding, organising or otherwise materially involved in the organisation of the funfair.

(b) A notice under paragraph (a) may require, as appropriate—

(i) the immediate cessation of any activity or any preparations which are being made in relation to the funfair within a specified time,

(ii) the immediate cessation of the use of any fairground equipment without a valid certificate of safety,

(iii) the removal, within a specified time, of any fairground equipment, temporary buildings or structures, plant, machinery or similar equipment which the authority believes is intended to be used in relation to the funfair, and

(iv) the restoration of the land to its prior condition within a specified time.

(c) A person who is served with a notice under paragraph (a) and who fails to comply with the requirements of the notice shall be guilty of an offence.

(d) Where a person fails to comply with a notice served on the person under this section, the local authority concerned may, through its employees or agents—

(i) give effect to the terms of the notice, and

(ii) where necessary for that purpose, enter on the land concerned,

and may recover the expenditure reasonably incurred by it in so doing from the person as a simple contract debt in any court of competent jurisdiction.

(e) A person who obstructs or impedes the local authority in the performance of its functions under paragraph (d) shall be guilty of an offence.