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A REPORT BY THE TASK GROUP SET UP TO REVIEW THE LICENSING PROVISIONS CONTAINED IN THE CIVIC GOVERNMENT (SCOTLAND) ACT 1982
5. SECTION 38 - BOAT HIRE
This part of the Act provides licensing authorities with an optional power to licence vessels let on hire in the course of a trade or business for the carrying of passengers for pleasure, recreational, educational or sporting purposes and used for day trips. The powers relate to both inland and tidal waters. The provisions also specify those circumstances when a licence is not required and conditions which licensing authorities must attach to such licences, in addition to their general powers to do so.
5.1 These provisions were reviewed in 2003/4 by the Scottish Executive in the context of their interface with the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) (Amendment) Regulations 2000, which introduced a code of practice for the safety of small boats operating to sea within 20 miles of a nominated departure point and carrying no more than 12 passengers. In summary, and for the record, the Scottish Executive sought to establish whether there was any conflict between the 1982 Act provisions and the 2000 Regulations. No such conflict was identified. In essence, notwithstanding the requirement for some vessels to obtain Code Certification by virtue of the 2000 Regulations - this relates solely to the seaworthiness and safety of the boat - licensing authorities can still require a separate licence under the 1982 Act. The latter provides licensing authorities with the necessary scope to undertake a check on the suitability of the operator to undertake such a business ("fit and proper person check") and to ensure that the necessary public liability insurance is in place. However, in undertaking this review, the Scottish Executive identified a need to re-examine the exemption provisions contained at section 38(4)(a) of the 1982 Act for boats with load line certificates.
Conclusion
In light of the recent review undertaken by the Scottish Executive, the Task Group concluded that no further action was required by them and that the boat hire provisions should remain an optional activity.
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