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Commencement Orders bringing legislation that affects this Act into force:
[F18(1)Subject to sub-paragraphs (2) and (3), managing any of the following facilities, including any of those facilities provided in sports centres or leisure centres or on other premises where facilities not mentioned in this sub-paragraph are also provided, falls within section 2(2)(ee) above—E+W+S
(a)swimming pools, skating rinks, gymnasia;
(b)tennis courts, squash courts, badminton courts, pitches for team games, athletics grounds;
(c)tracks and centres for bicycles (whether motorised or not), golf courses, putting greens, bowling greens, bowling centres, bowling alleys;
(d)riding centres, courses for horse racing, artificial ski slopes, centres for flying, ballooning or parachuting, and centres for boating or water sports on inland or coastal waters.
(2)Managing any of the facilities described in sub-paragraph (1) shall not fall within section 2(2)(ee) above if the facilities are provided—
(a)on premises not predominantly used for sport or physical recreation;
(b)on premises occupied by educational institutions.
(3)Managing any of the facilities described in sub-paragraph (1) shall not fall within section 2(2)(ee) above—
(a)if that facility is provided—
(i)in England or Wales under [F2section 508 of the Education Act 1996 (whether or not also provided under [F3section 15A or 15B] of that Act)] and whether or not also provided under section 19 of the Local Government (Miscellaneous Provisions) Act 1976; or
(ii)in Scotland under section 6 or 17 of the Education (Scotland) Act 1980, whether or not also provided under section 15(2) of the Local Government and Planning (Scotland) Act 1982; and
(b)(i)where the facility is on premises on which no other facility described in sub-paragraph (1) is provided, if educational institutions have used it exclusively in the immediately preceding financial year for more than 600 hours; or
(ii)where the facility is on premises on which two or more of the facilities described in sub-paragraph (1) are provided, if educational institutions have used exclusively in the immediately preceding financial year facilities of at least half of the descriptions provided (whether concurrently or at different times) and the aggregate periods of their exclusive use in that year of the facilities so described exceeds 600 hours.
(4)For the purposes of sub-paragraph (1), without prejudice to the generality of the term, “managing” includes arranging—
(a)for instruction in the sport or other physical recreational activity provided;
(b)for supervision of the sport or activity;
(d)the hiring out of equipment for use at the facility;
(e)the marketing and promotion of the facility;
(f)the taking of bookings;
(g)the collection of, and accounting for, fees and charges;
(h)the physical security of the premises;
(j)the cleaning and proper maintenance of the facility other than the external parts of buildings;
and also includes assuming responsibility for heating, lighting and other service charges in relation to the facility.
(5)In this paragraph, “educational institutions”—
in England and Wales, means schools which are [F4community, foundations or voluntary schools or community or foundation special schools]; and institutions for the provision of higher or further education, or both, which are either maintained by the local education authority or are substantially dependent for their maintenance on assistance from the local education authority; and
in Scotland means public schools, or special schools, under the management of the education authority and any other institutions provided and maintained by the education authority for the provision of further education; and
in England, Wales and Scotland, for the purposes of sub-paragraph (2)(b) only, includes nursery schools.]
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