s 46 Standard of skill, care and diligence to be exercised by qualified persons
46.—(1) Subject to subsection (2), every qualified person appointed for the purposes of this Act to —(a) review and certify —(i) the design and specifications and the proposed installation method and programme of an amusement ride; or (ii) the design and specifications and the proposed modification method and programme of the major modification of an amusement ride; (b) supervise any installation works, modification works or relocation works; (c) inspect and certify any amusement ride; or (d) carry out any other function under this Act in respect of an amusement ride, must, when carrying out that function, exercise the standard of skill, care and diligence that could reasonably be expected to be exercised by a specialist professional engineer having the requisite specialised knowledge and experience in carrying out functions of a similar nature, scope and complexity. (2) Except as otherwise provided by subsections (3) and (5), a qualified person must appoint and consider the opinion and advice of a conformity assessor for the purpose of —(a) reviewing and certifying —(i) the design and specifications and the proposed installation method and programme of a major amusement ride; or (ii) the design and specifications and the proposed modification method and programme of the major modification of a major amusement ride; (b) supervising any installation works or modification works in respect of a major amusement ride; (c) inspecting and certifying any major amusement ride; or (d) carrying out any other function under this Act in respect of a major amusement ride. (3) The Commissioner may, on the application of a qualified person, waive the requirement for the qualified person to consult and consider the opinion and advice of a conformity assessor as required under subsection (2) if the Commissioner is satisfied that the qualified person has the requisite qualifications, skill, expertise and experience to carry out the functions mentioned in that subsection without the assistance of a conformity assessor. (4) A qualified person who fails to comply with subsection (2) does not commit an offence, but —(a) the Commissioner may refuse to accept any certificate issued by the qualified person in respect of any major amusement ride for the purposes of any provision of this Act unless the Commissioner has granted a waiver to the qualified person under subsection (3); and (b) in any proceedings under this Act in which the question arises as to whether the qualified person has or has not exercised the standard of skill, care and diligence required of him or her, the failure of the qualified person to comply with subsection (2) is to be taken into consideration in the determination of that question. (5) Subsection (2) does not apply to a qualified person for the purposes of section 34(4)(b) or (8)(a).