Martlew bill/Text

Protective Headgear for Young Cyclists Bill

Protective Headgear for Young Cyclists Bill 1

A

Bill

To

Make provision for the wearing of protective headgear by children while

riding cycles; to prescribe offences and penalties; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1      	Causing or permitting a child under 16 to ride a cycle on a road without

protective headgear

(1)  	Except as provided by regulations, it is an offence for any person to whom this

subsection applies to cause or permit a child under the age of 16 years to ride

a cycle— 5

(a) on a road, or

(b) in any park, garden or recreation ground to which the public have

access without payment,

unless the child is wearing protective headgear of such description as may be

specified in regulations, in such manner as may be so specified. 10

(2)  	Subsection (1) above applies to the following persons—

(a) any person who—

(i) for the purposes of Part 1 of the Children and Young Persons

Act 1933 (c. 12) has responsibility for the child, or

(ii) for the purposes of article 5 of the Children (Northern Ireland) 15

Order 1995 (SI 1995/755 (NI 2) has parental responsibilities in

relation to the child, or

(iii) in relation to Northern Ireland has care of the child or is,

otherwise than by virtue of article 5 of the Children (Northern

Ireland) Order 1995, legally obliged to maintain the child, or	20

(iv) for the purposes of Part 2 of the Children and Young Persons

(Scotland) Act 1937 (c. 37) has parental responsibilities (within

the meaning given by section 1(3) of the Children (Scotland) Act

1995 (c. 36) (parental responsibilities)) in relation to the child, or

has charge or care of the child; 25

(b) any owner of the cycle, if the owner is above the age of 15 years;

Bill 21 53/3

Protective Headgear for Young Cyclists Bill 2

(c) any person other than its owner who has custody of or is in possession

of the cycle immediately before the child rides it, if that person is above

the age of 15 years;

(d) where the child is employed, his employer and any other person to

whose orders the child is subject in the course of his employment. 5

(3)  	A person guilty of an offence under subsection (1) above is liable on summary

conviction to a fine not exceeding level 1 on the standard scale.

2      	Regulations

(1)  	The Secretary of State may by regulations made by statutory instrument—

(a) provide that section 1 of this Act shall not apply in relation to children 10

of any prescribed description, or in relation to the riding of cycles in

such circumstances as may be prescribed;

(b) prescribe for the purposes of that section (by reference to shape,

construction or any other quality) the descriptions of protective

headgear to be worn by children of any prescribed description in	15

prescribed circumstances; and

(c) prescribe for those purposes the manner in which such headgear is to

be worn.

(2)  	Any statutory instrument containing regulations under this section shall be

subject to annulment in pursuance of a resolution of either House of	20

Parliament.

3      	Interpretation

In this Act—

“cycle” means a bicycle, a tricycle or a cycle having four or more wheels

not being in any case a motor vehicle;

25

“regulations” means regulations under section 2 of this Act; and

“road”—

(a) in England and Wales, has the meaning given by section 192(1)

of the Road Traffic Act 1988 (c. 52) (general interpretation of

Act),

30

(b) in Northern Ireland, has the meaning given by article 1(2) of the

Road Traffic (Northern Ireland) Order 1995 (SI 1995/2994 (NI

18)); and

(c) in Scotland, has the meaning given by section 151(1) of the

Roads (Scotland) Act 1984 (c. 54) (interpretation).

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4      	Commencement

(1)  	This Act shall come into force on such a day as the Secretary of State may by

order made by statutory instrument appoint, and different days may be

appointed for different purposes.

(2)  	Before exercising the power under subsection (1) in relation to the coming into 40

force in England and Wales of any provision of this Act, the Secretary of State

shall consult the National Assembly for Wales.

Protective Headgear for Young Cyclists Bill 3

(3)  	Before exercising the power under subsection (1) in relation to the coming into

force in Northern Ireland of any provision of this Act, the Secretary of State

shall consult the relevant Northern Ireland department.

(4)  	Before exercising the power under subsection (1) in relation to the coming into

force in Scotland of any provision of this Act, the Secretary of State shall consult 5

the Scottish Ministers.

5      	Short title and extent

(1)  	This Act may be cited as the Protective Headgear for Young Cyclists Act 2004.

(2)  	This Act extends to Scotland and Northern Ireland.