When the UK officially left the EU’s regulatory framework in January 2021, trade regulations, customs declarations, and the flow of goods across the Channel dominated public discourse. That discussion did not focus much on the amusement park sector. However, Brexit produced a truly intriguing regulatory environment for UK theme parks, which is still developing in ways that industry experts consider, despite the fact that the general public hardly ever does.
The Health and Safety Executive and a document known as HSG175—Fairgrounds and Amusement Parks: Guidance on Safe Practice—form the foundation of the UK’s theme park safety system. This guidelines, which are updated on a regular basis, specify how ride operators should handle risk, what inspection standards are applicable, and how occurrences should be reported. It is part of the larger framework of the Health and Safety at Work Act 1974, which continues to serve as the legal basis for all workplace safety laws in the United Kingdom. When Brexit occurred, none of that altered. The ADIPS annual certification program, HSE’s jurisdiction, and the inspection requirements all carried on as before.
The UK’s relationship to the evolution of that framework has changed. European safety regulations, especially the EN 13814 series pertaining to fairground rides and the more general EU Machinery Directive regulating the design and certification of equipment, influenced UK practice during the UK’s membership in the EU. They were developed with participation from British standards bodies. Manufacturers and operators in the UK created them. This alignment was useful because it allowed equipment that was approved in one jurisdiction to relocate and function in another without incurring substantial re-certification expenses.
Although it no longer automatically accepts new EU developments, the UK has maintained the EU-derived standards that were in place at the time of leaving from January 2021. The UK now has the autonomy to decide whether and when to implement amendments to EN 13814 or the EU’s Machinery Directive, which it has been doing. HSE and industry input from organizations like FJAC, which unites regulators, operators, local governments, and the traveling fairground industry, inform the British Standards Institution’s conclusion.
In actuality, the divergence has happened gradually as opposed to instantly. Because the UK hasn’t changed from the baseline it inherited, the same standards are essentially applied on both sides of the Channel. However, manufacturers who sell equipment into both markets face a challenge due to the real possibility of increasing divergence. Before their products can be installed at Thorpe Park or Alton Towers, a Dutch ride manufacturer that designs to the most recent EU standards must determine whether those standards are now in line with UK regulations. The changes are tolerable for the time being. They could become increasingly important after ten years of autonomous standard development.
Since Brexit, the British Association of Leisure Parks, Piers and Attractions, or BALPPA, has been negotiating this environment on behalf of UK operators in talks over the future of the domestic framework. In general, the association believes that the current HSE framework is effective and that the UK’s autonomous approach to standards development can yield results suitable for the particular circumstances of the home market. That argument has some validity because the UK has its own incident history, inspection culture, and set of operator traits that don’t always translate to continental European practice.
