Recreational Diving

The sport of amateur diving is loosely regulated in the islands by two organisations, PADI (the Professional Association of Dive Instructors) and BSAC (the British Sub-Aqua Club).  Both organisations operate strict training regimes which include both theory and practical instruction and whilst this instruction can be on a non-commercial basis, the popularity of the sport has seen BSAC and PADI approved schools being set up to operate on a commercial basis.

Health & Safety legislation does not extend to the private individual diving for recreational purposes, however when that individual is being taught by a trained instructor who is charging a fee for monetary gain, the law is applicable.

The instructor and school have explicit duties to their students in exactly the same way that the States of Guernsey Education Council have to school children whilst in their care; or Beau Sejour have to customers attending a concert in the sports hall.

It was therefore decided that in order to clarify the duties of instructors operating for gain that the Approved Code of Practice made in the United Kingdom, under “The Diving at Work Regulations, 1997”, should be approved with certain amendments locally.

The code of practice, written in co-operation with BSAC and PADI, is therefore very relevant to the local diving scene. However, failure to observe the code is not an offence in itself but it can be taken as proving that the defendant has failed to comply with the Health and Safety at Work (General) (Guernsey) Ordinance, 1987, unless he can demonstrate that he has complied with the Ordinance in some alternative and equally effective way.