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Manual Handling Operations Regulations – 1992
The manual handling operations regulations have come into force to emphasize the fact of how important it is to lift things the correct way, this can be anything from lifting, moving or setting up equipment. This act states that you must keep a straight back at all times when lifting moving or setting up equipment. This law will come in to certain sports for example ice skating because when skaters are doing paired figure skating they may require to lift there partner up in the air and they will have to be taught correctly before they can attempt at this move.
Safety at Sports Grounds – 1975
The safety at sports grounds act came into force because there was an accident at Rangers FC stadium (Ibrox). This happened because fans were leaving the stadium and when they heard that Rangers had scored a late goal they all rushed back in too the stadium and due to the stairway not being wide fans began to stumble and get crushed with fans running on them and more fans falling then and “steel barriers crumpling under the impact” this has had an affect on stadiums now as they are all seated now so this accident can not happen again. There have been more changes to stadium these days due to this legislation as stair ways have had to become wider and a steward is at every stairway.
http://www.rangers.premiumtv.co.uk/page/HistoryDetail/0,,5~460,00.html
P2) Describe the legal factors and regulatory bodies that influence health and safety in sport.
When taking health and safety into consideration there is a lot of people who are involved in making sure that nothing goes wrong with the procedure or the act. Even though legislations have been passed there are still fatalities “In 2005-06 220 workers were killed and 361 members of the public fatally injures”.
Stafford - Brown H et al - BTEC National Diploma in Development Coaching & Fitness - 2007 pg 34
Legal Factors
Before a legislation can be passed it will have to go through a structure of laws and through courts, each court deals with different types of charges and each court has its own importantance they are as follows;
Magistrates Court - This court is the lowest level of court in England and Wales, these courts deal with minor offences (fines of up to £5,000 and imprisonment of up to 51 weeks)
These courts have a tribunal and they consist of;
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Justices of peace - these are appointed to keep the peace in the court
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District judge - these are known as “ judge” and they are the judge of the district court, these have limited authority to enforce the law
Crown Court - This court deals with the more serious offensives e.g. murders. These courts deal with decisions or appeals from Magistrates court cases, they can also sentence people who have been to the Magistrates court when sitting in a crown court you will find different people to if you were satin a Magistrates court, these people consist of;
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High Court Judge - The judges in the High Court are known formally as Justices of Her Majesty's High Court of Justice
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Circuit Judges - in the sitting order these are placed below the high court judge but above the district judges and recorders, these can be appointed as deputy high court judge
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Recorders - A recorder otherwise known as a barrister or a solicitor these have the same power as a circuit judge, if needed a recorder may be a part time high court judge
House of Lords - also known as “The Lords” this is the upper house in parliament of the united kingdom, this is the highest court in England and deals with appeals on important issues that took place in the court of appeal. The House of Lords currently have 751 members that will be able to judge the case.
European Court of Justice - this court is the highest court in the EU, this has the last say, this court can over rule any other and can change the verdict when needed. When you are in the European court of justice you stand before a president.
Laws
Statutory Law – This law is set by governing bodies, if you were to break this law you will be likely to be arrested by the police and will face prosecution.
Civil Law – This law does not involve the police and deals with the rights of a private citizen, this law can also be involved when a person is suing a company or if somebody does not abide by the health and safety at work act and is injured the company will be liable to face prosecution. Compensation can also occur in these cases.
Case Law – This law is when a similar case has occurred and the company/party gets prosecuted or sued. This law is also known as decisional law
In Loco Parentis – In Loco Parentis means “In place of the parent” this law was originally founded from a British common law. This law basically means that the person/organisation will have to take on the roles and responsibilities. When a person takes on this law they are expected to use the same standards as a responsible parent would.
Negligence – This law is when a person fails to meet the demands of a standard of care. This is not only for parents this can also be staff for example a supervisor not completing a full risk assessment of a situation and then a member of there company becoming injured or even dieing. If a person is found responsible for negligence they can be liable for being blamed for any injuries or damages.
Regulatory bodies
A Regulatory body is set up to help to make sure what they run is being ran properly and is fully health and safety checked these people will be informed of these procedures;
1. Police
2. Employers
3. Facilities
In the UK the health and safety commission is in charge of health and safety regulations and to enforce these regulations a health& safety executive and local authorities are needed.
Also when a facility s being used staff are required to inspect the facility first, and the health and safety officer will be required to make sure that the facility is being run properly, if the facility is not being run accordingly to the legislation then measures will have to be taken and if they are not met then the facility could face being closed down until it can meet the demands of the legislation