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Make
provision for the wearing of protective headgear by children while
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riding cycles; to prescribe
offences and penalties; and for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Causing
or permitting a child under 16 to ride a cycle on a road without
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(1) |
Except as provided by regulations,
it is an offence for any person to whom this |
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subsection applies to cause
or permit a child under the age of 16 years to ride |
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(b) |
in any park, garden or recreation
ground to which the public have |
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unless
the child is wearing protective headgear of such description as
may be |
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specified in regulations,
in such manner as may be so specified. |
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(2) |
Subsection (1) above applies
to the following persons— |
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(i) |
for the purposes of Part
1 of the Children and Young Persons |
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Act 1933 (c. 12) has
responsibility for the child, or |
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(ii) |
for the purposes of article
5 of the Children (Northern Ireland) |
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Order 1995 (SI 1995/755
(NI 2) has parental responsibilities in |
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relation to the child,
or |
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(iii) |
in relation to Northern
Ireland has care of the child or is, |
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otherwise than by virtue
of article 5 of the Children (Northern |
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Ireland) Order 1995, legally
obliged to maintain the child, or |
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(iv) |
for the purposes of Part
2 of the Children and Young Persons |
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(Scotland) Act 1937 (c. 37)
has parental responsibilities (within |
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the meaning given by section
1(3) of the Children (Scotland) Act |
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1995 (c. 36) (parental
responsibilities)) in relation to the child, or |
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has charge or care of the
child; |
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(b) |
any owner of the cycle, if
the owner is above the age of 15 years; |
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(c) |
any
person other than its owner who has custody of or is in possession
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of the cycle immediately before
the child rides it, if that person is above |
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(d) |
where the child is employed,
his employer and any other person to |
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whose orders the child is
subject in the course of his employment. |
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(3) |
A person guilty of an offence
under subsection (1) above is liable on summary |
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conviction to a fine not
exceeding level 1 on the standard scale. |
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(1) |
The Secretary of State may
by regulations made by statutory instrument— |
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(a) |
provide that section 1
of this Act shall not apply in relation to children |
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of any prescribed description,
or in relation to the riding of cycles in |
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such circumstances as may
be prescribed; |
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(b) |
prescribe for the purposes
of that section (by reference to shape, |
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construction or any other
quality) the descriptions of protective |
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headgear to be worn by children
of any prescribed description in |
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prescribed circumstances;
and |
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(c) |
prescribe for those purposes
the manner in which such headgear is to |
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(2) |
Any statutory instrument
containing regulations under this section shall be |
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subject to annulment in pursuance
of a resolution of either House of |
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“cycle”
means a bicycle, a tricycle or a cycle having four or more wheels
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not
being in any case a motor vehicle; |
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“regulations”
means regulations under section 2
of this Act; and |
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(a) |
in
England and Wales, has the meaning given by section 192(1) |
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of
the Road Traffic Act 1988 (c. 52) (general interpretation
of |
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(b) |
in
Northern Ireland, has the meaning given by article 1(2) of the
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Road
Traffic (Northern Ireland) Order 1995 (SI 1995/2994 (NI |
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(c) |
in
Scotland, has the meaning given by section 151(1) of the |
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Roads
(Scotland) Act 1984 (c. 54) (interpretation). |
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(1) |
This Act shall come into
force on such a day as the Secretary of State may by |
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order made by statutory instrument
appoint, and different days may be |
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appointed for different purposes. |
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(2) |
Before exercising the power
under subsection (1) in relation to the coming into |
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force in England and Wales
of any provision of this Act, the Secretary of State |
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shall consult the National
Assembly for Wales. |
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(3) |
Before
exercising the power under subsection (1) in relation to the coming
into |
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force in Northern Ireland
of any provision of this Act, the Secretary of State |
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shall consult the relevant
Northern Ireland department. |
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(4) |
Before exercising the power
under subsection (1) in relation to the coming into |
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force in Scotland of any
provision of this Act, the Secretary of State shall consult |
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(1) |
This Act may be cited as
the Protective Headgear for Young Cyclists Act 2004. |
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(2) |
This Act extends to Scotland
and Northern Ireland. |
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