AI-assisted research summary: This ordinance lets the Governor declare Crown land as public recreation grounds, gives the Governor in Council regulation-making power, assigns a Council Committee management responsibility, and creates offences for damaging, obstructing, misusing, or using a closed recreation ground.
ST HELENA REVISED EDITION OF THE LAWS 2017 RECREATION & TOURISM PUBLIC RECREATION GROUNDS ORDINANCE, 19381 Ordinance 9 of 1938 In force 1 4 December 1938 Amended by Ordinances 2 of 1968,, 1 of 2001 Subsidiary legislation: PUBLIC RECREATION GROUND ORDERS Legal Notices 3 of 1940, 8 of 1953, 9 of 1957, 12 of 1957 and 6 of 2016 PUBLIC RECREATION GROUNDS (CLOSING) REGULATIONS, 1954 Legal Notice 13 of 1954 Amended by L.N. 4/1967, L.N. 6/1984 and L.N. 15/1999 PUBLIC RECREATION GROUNDS (MANAGEMENT AND CONTROL) REGULATIONS, 1999 Legal Notice 16 of 1999 Amended by L.N. 26/2009 __________________________ PUBLIC RECREATION GROUNDS ORDINANCE, 1938 ARRANGEMENT OF SECTIONS 1. Short title 2. Interpretation 3. Reservation of lands 4. Powers of the Governor in Council 5. Offences AN ORDINANCE to regulate the use of recreation and playgrounds. Short title 1. This Ordinance may be cited as the Public Recreation Grounds Ordinance, 1 Under section 10 of the Revised Edition of the Laws Ordinance, 1999 this text is authoritative and is the sole authentic edition in respect of the law contained in it as at 1 November 2017. 2 1938. Interpretation 2. In this Ordinance, and in any regulations made under it, unless the context otherwise requires— “child” means a person who is under the age of 10 years; “young person” means a person who is 10 years of age or over and under the age of 16 years. Reservation of lands 3. The Governor may declare any Crown land to be a public recreation ground and reserve the use of any portion of such land so declared to be a children’s or young persons’ playground. Powers of the Governor in Council 4. The Governor in Council may make regulations providing for— (a) the uses to which public recreation grounds may be put; (b) the times of day that they are to be open to the public; (c) the closing of any public recreation ground; (d) the general management and control of public recreation grounds and for all other matters connected with them. Offences 5. It is an offence for a person to— (a) wilfully damage any public recreation ground or any article of equipment on a public recreation ground; (b) obstruct persons lawfully using a public recreation ground; (c) use a public recreation ground contrary to the regulations; (d) use a public recreation ground when it is closed. Penalty: A fine of £100. _________________________ PUBLIC RECREATION GROUNDS ORDINANCE, 1938 PUBLIC RECREATION GROUND ORDERS (Section 3) The following places have been declared as public recreation grounds reserved for the use of children or young people— (a) the upper half of the Lower Graveyard (b) Francis Plain ___________ PUBLIC RECREATION GROUNDS ORDINANCE, 1938 PUBLIC RECREATION GROUNDS (CLOSING) REGULATIONS, 1954 3 (Section 4) Citation 1. These Regulations may be cited as the Public Recreation Grounds (Closing) Regulation, 1954. Temporary closing for purposes of public interest or welfare 2. On application by any organisation, group of persons or individual member of the public, the Council Committee may, in their discretion, order the temporary closing to the public of the whole or any part of any public recreation ground or playground to enable such public recreation ground or playground to be used for a specific purpose on a day or days to be specified, if such purpose is, in the opinion of the Council Committee, one of public interest or welfare. Temporary closing for purposes of management, maintenance or development 3. The Council Committee may, in their discretion, order the temporary closing to the public of the whole or any part of any public recreation ground or playground for the purposes of management, maintenance or development for a period or periods that the Committee considers necessary. ___________ PUBLIC RECREATION GROUNDS ORDINANCE, 1938 PUBLIC RECREATION GROUNDS (MANAGEMENT AND CONTROL) REGULATIONS, 1999 (Section 4) Citation 1. These Regulations may be cited as the Public Recreation Grounds (Management and Control) Regulations, 1999. Management and control of recreation and playgrounds 2. (1) A Council Committee (“the Committee”) is to be responsible for the general management and control of public recreation grounds and playgrounds. (2) The Committee may, in respect of the Public Recreation Ground known as Francis Plain, delegate the day to day responsibility for management and control to a public officer employed within the Education Department. Committee to determine certain matters 3. The Committee may prescribe— (a) rules and procedures for the use of Francis Plain; and (b) fees payable for the use of Francis Plain. ____________________ 4