This news update has been published to draw members' attention to important late-breaking news.

As sports will probably be aware, from next year all persons in sport who have contact with children or vulnerable adults will need to register with the new Independent Safeguarding Authority or risk committing an offence – as will the body or club organizing the activity.

This will apply not only to coaches, but also to those merely transporting children or vulnerable adults to events. The board feels that this particular aspect of the legislation may well create chaos and lead to a drastic reduction in available volunteers.

The board of WSA feels strongly that this is an over-reaction.

It is the board's view that in sport the registration formalities should only apply to those with a closer and more regular contact with children, such as coaches – where, in fairness, there is a greater risk of an abuser "grooming" a victim by means of the coaching relationship developed. Dependency relationships of this kind are not created by simply giving lifts. In such situations parental responsibility should be paramount.

The board wishes to make this the official position of WSA and to lobby vigorously and publicly for modification.

This is of course an emotive issue, and the WSA therefore wishes to consult its members before proceeding. Please indicate your views on this matter by completing our consultation form which can be downloaded using the following link:
Download Consultation Form (476 Kb Word Document)

Please return the completed form to Wendy Yardley, the Welsh Sports Association, Welsh Institute of sport, Sophia Gardens, Cardiff CF11 9SW on or before 12th October 2009.

The Local Transport Act 2008 has introduced provisions that have a significant effect on sports governing bodies and clubs.

Before January 2009 those transporting persons in a vehicle with between 9-16 seats where hire or reward was involved needed to obtain a Section 19 Permit from the Vehicle & Operator Services Agency (VOSA) Hillcrest House, 386 Harehills Lane, Leeds LS9 6NF, email permits@vosa.gov.uk, or telephone 0113 254 3209.

Hire or reward is deemed to include any situation where the passenger makes a contribution direct or indirect to the cost of the travel – for example a passenger making a contribution to the cost of the trip in any way.

It appears that this legislation now applies to ALL vehicles including smaller vehicles such as cars or MPVs - where there is a hire or reward element as above.

The WSA understands that Section 19 permits cost £11 each and have to be displayed on the vehicle travelling. The permits normally take 2-3 weeks to obtain, and last 5 years from issue. A club or governing body can apply for as many as they wish and then issue them to the vehicle drivers. It appears there may also be an obligation for the organization to be satisfied that the vehicle is roadworthy, and has an MOT, and is properly insured.

An offence is committed if the Section 19 permit is not displayed on the vehicle and insurance cover could be void.

It remains the case, as it has always been, that careful checks should always be made with the vehicle insurers, especially where financial contributions are being made, to ensure that the policy covers the trip and all passengers involved.

Sports are urged to urgently review their procedures and operations. They should contact VOSA to check whether they need permits. Furthermore they should ensure that all individuals within their sport who could be affected are alerted, including for example their club organizers. Further detailed guidance can be obtained from VOSA.

The WSA understands that there are separate requirements where vehicles are operated abroad. VOSA itself does not apparently deal with this and information and guidance documents should be obtained from a separate department namely IRFO who can be contacted on 01223 531051.

The WSA will be seeking further ministerial clarification as to the interpretation of this legislation, and will lobby on the matter as best it can, but in the interim all those involved should ensure they are protected.

Please Note. The WSA does not itself supply legal advice. Sports need to satisfy themselves that their arrangements are in order and seek proper advice if required.

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