C5C6C7C8C9C10C11C12C13C14C15C16C17C18E3C19C20C1C2C3C28C27 Part I Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere

Annotations:
Extent Information
E3

For the application of Pt. I to Northern Ireland see s. 84(1).

Modifications etc. (not altering text)
C5

Pt. 1 (ss. 1–54) extended by S.I. 1981/1011, reg. 9, 1983/1919, reg. 3

Pt. 1 (ss. 1-54) modified (E.W.S.) (1.2.1996) by 1995 c. 25, s. 5(5)(b) (with ss. 115, 117); S.I. 1996/186, art. 2

Pt. 1 (ss. 1-54) modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 33(5)(c) (with s. 7(6), 115, 117); S.I. 1996/186, art. 3

Pt. 1 (ss. 1-54) amended (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Pt. 1 (ss. 1-54) amended (E.W.S.) (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 10(1)(a)(3); S.I. 1996/218, art. 2

C6

Pt. 1 (ss. 1–54) extended by Gas Act 1986 (c. 44, SIF 44:2), ss. 18, 48(3)(4)

C9

Pt. 1 (ss. 1–54) amended by S.I. 1988/1222, regs. 3, 4

C10

Pt. 1 (ss. 1–54) extended by S.I. 1989/1671, reg. 4

C11

Pt. 1 (ss. 1–54) amended by S.I. 1989/1810, reg. 3 (which S.I. was revoked (1.2.1993) by S.I. 1992/3217, reg. 25).

C12

Pt. 1 (ss. 1–54) amended by S.I. 1990/1380, reg. 3

Pt. 1 (ss. 1-54) saved by Highland Regional Council (Harbours) Order Confirmation Act (c. xii), s. 1, Sch. s. 61(1)(f)

Pt. 1 (ss. 1-54) definition applied (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 206(3)(g), 223(2)

Pt. 1 (ss. 1-54) saved by London Underground (Safety Measures) Act 1991 (c. xviii), s. 11(2)

Pt. 1 (ss. 1-54) saved by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. 1 Pt. XII para. 67(2)

C13

Pt. 1 extended by S.I. 1978/752, reg. 3

Pt. 1 (ss. 1-54): transfer of functions (E.W.) (1.4.1996) by 1995 c. 25, s. 2(1)(g)(2)(c) (with ss. 115, 117); S.I. 1996/186, art. 3

Pt. 1 (ss. 1-54): transfer of functions (S.) (12.10.1995) by 1995 c. 25, s. 21(1)(g) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

Pt. 1 (ss. 1-54): transfer of functions (E.W.S.) (12.10.1995) by 1995 c. 25, s. 21(2)(a) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

C14

Pt. 1 (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), S. 1(1)

C15

Pt. 1 (ss. 1-54) amended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 1(1)

Pt. 1 (ss. 1-54) amended (E.W.S.) (2.2.1994) by 1993 c. 43, s. 117(1)(6), 150(1)(e); S.I. 1994/202, art. 2

C16

Pt. 1 (ss. 1-54) extended (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 4

C17

Pt. 1 (ss. 1-54) modified (E.W.S.) (1.1.1993) by S.I. 1992/2051, reg. 16(2)

C18

Pt. 1 (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 2(1)

Pt. 1 (ss. 1-54) extended (E.W.S.) (2.2.1994) by 1993 c. 43, ss. 117(2)(6), 150(1)(e); S.I. 1994/202, art. 2

C19

Pt. 1 (ss. 1-54) applied (with modifications) (14.4.1999) by S.I. 1999/860, reg. 2

C20

Pt. 1 (ss. 1-54) applied (1.7.1999) by S.I. 1999/1517, reg. 12(3), Sch. 4 para. 12(3)(c)

Pt. 1: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table C

C1

Pt. 1 restricted (S.) (1.10.2006) by 2005 asp 5, ss. 70, 90; S.I. 2006/458, art. 2 (subject to art. 3)

C2

Pt. 1 modified (prosp.) by Energy Act 2008 (c. 32), ss. 99(1), 110

C3

Pt. 1: power to repeal or modify conferred (prosp.) by Energy Act 2008 (c. 32), ss. 99(1)(2), 110

Health and safety regulations and approved codes of practice

E1C21C22C23C4C24C25C29C2616 Approval of codes of practice by F3the Executive.

1

For the purpose of providing practical guidance with respect to the requirements of any provision of F1any of the enactments or instruments mentioned in subsection (1A) below , F3the Executive may, subject to the following subsection F4. . .

a

approve and issue such codes of practice (whether prepared by it or not) as in its opinion are suitable for that purpose;

b

approve such codes of practice issued or proposed to be issued otherwise than by F3the Executive as in its opinion are suitable for that purpose.

F21A

Those enactments and instruments are—

a

sections 2 to 7 above;

b

health and safety regulations, except so far as they make provision exclusively in relation to transport systems falling within paragraph 1(3) of Schedule 3 to the Railways Act 2005; and

c

the existing statutory provisions that are not such provisions by virtue of section 117(4) of the Railways Act 1993.

2

F3The Executive shall not approve a code of practice under subsection (1) above without the consent of the Secretary of State, and shall, before seeking his consent, consult—

a

any government department or other body that appears to F3the Executive to be appropriateF5...F5...F5...; and

b

such government departments and other bodies, if any, as in relation to any matter dealt with in the code, F3the Executive is required to consult under this section by virtue of directions given to it by the Secretary of State.

3

Where a code of practice is approved by F3the Executive under subsection (1) above, F3the Executive shall issue a notice in writing—

a

identifying the code in question and stating the date on which its approval by F3the Executive is to take effect; and

b

specifying for which of the provisions mentioned in subsection (1) above the code is approved.

4

F3The Executive may—

a

from time to time revise the whole or any part of any code of practice prepared by it in pursuance of this section;

b

approve any revision or proposed revision of the whole or any part of any code of practice for the time being approved under this section;

and the provisions of subsections (2) and (3) above shall, with the necessary modifications, apply in relation to the approval of any revision under this subsection as they apply in relation to the approval of a code of practice under subsection (1) above.

5

F3The Executive may at any time with the consent of the Secretary of State withdraw its approval from any code of practice approved under this section, but before seeking his consent shall consult the same government departments and other bodies as it would be required to consult under subsection (2) above if it were proposing to approve the code.

6

Where under the preceding subsection F3the Executive withdraws its approval from a code of practice approved under this section, F3the Executive shall issue a notice in writing identifying the code in question and stating the date on which its approval of it is to cease to have effect.

7

References in this Part to an approved code of practice are references to that code as it has effect for the time being by virtue of any revision of the whole or any part of it approved under this section.

8

The power of F3the Executive under subsection (1)(b) above to approve a code of practice issued or proposed to be issued otherwise than by F3the Executive shall include power to approve a part of such a code of practice; and accordingly in this Part “code of practice” may be read as including a part of such a code of practice.

E2C21C22C23C4C29C2616 Approval of codes of practice by F3the Executive.

1

For the purpose of providing practical guidance with respect to the requirements of any provision of sections 2 to 7 or of health and safety regulations or of any of the existing statutory provisions, F3the Executive may, subject to the following subsection F4. . .

a

approve and issue such codes of practice (whether prepared by it or not) as in its opinion are suitable for that purpose;

b

approve such codes of practice issued or proposed to be issued otherwise than by F3the Executive as in its opinion are suitable for that purpose.

2

F3The Executive shall not approve a code of practice under subsection (1) above without the consent of the Secretary of State, and shall, before seeking his consent, consult—

a

any government department or other body that appears to F3the Executive to be appropriateF5...; and

b

such government departments and other bodies, if any, as in relation to any matter dealt with in the code, F3the Executive is required to consult under this section by virtue of directions given to it by the Secretary of State.

3

Where a code of practice is approved by F3the Executive under subsection (1) above, F3the Executive shall issue a notice in writing—

a

identifying the code in question and stating the date on which its approval by F3the Executive is to take effect; and

b

specifying for which of the provisions mentioned in subsection (1) above the code is approved.

4

F3The Executive may—

a

from time to time revise the whole or any part of any code of practice prepared by it in pursuance of this section;

b

approve any revision or proposed revision of the whole or any part of any code of practice for the time being approved under this section;

and the provisions of subsections (2) and (3) above shall, with the necessary modifications, apply in relation to the approval of any revision under this subsection as they apply in relation to the approval of a code of practice under subsection (1) above.

5

F3The Executive may at any time with the consent of the Secretary of State withdraw its approval from any code of practice approved under this section, but before seeking his consent shall consult the same government departments and other bodies as it would be required to consult under subsection (2) above if it were proposing to approve the code.

6

Where under the preceding subsection F3the Executive withdraws its approval from a code of practice approved under this section, F3the Executive shall issue a notice in writing identifying the code in question and stating the date on which its approval of it is to cease to have effect.

7

References in this Part to an approved code of practice are references to that code as it has effect for the time being by virtue of any revision of the whole or any part of it approved under this section.

8

The power of F3the Executive under subsection (1)(b) above to approve a code of practice issued or proposed to be issued otherwise than by F3the Executive shall include power to approve a part of such a code of practice; and accordingly in this Part “code of practice” may be read as including a part of such a code of practice.