SCHEDULE 8Enforcement powers of the Health and Safety Executive under the 1974 Act

Modifications to the 1974 Act2

The sections of the 1974 Act referred to in paragraph 1 are to apply as if—

a

references to “relevant statutory provisions” were references to—

i

the provisions of the 1974 Act set out in paragraph 1, as modified by this paragraph; and

ii

these Regulations;

b

references to “risk” were references to “risk” within the meaning of regulation 2(4) of these Regulations;

c

in section 19—

i

in subsection (1), for “Every enforcing authority” there were substituted “ The Executive ”;

ii

in subsection (1), “within its field of responsibility” were omitted;

iii

in subsection (2)(a), for “specified; and” there were substituted “ so specified. ”;

iv

in subsection (2), paragraph (b) were omitted; and

v

in subsection (3), for “enforcing authority which appointed him” there were substituted “ Executive ”;

d

in section 20—

i

in subsection (1), “within the field of responsibility of the enforcing authority which appointed him” were omitted;

ii

in subsection (2)(c)(i), for “his (the inspector's) enforcing authority” there were substituted “ the Executive ”;

iii

in subsection 2(h), for “him to have caused or to be likely to cause danger to health or safety”, there were substituted “contravene the relevant statutory provisions or present a risk; and

iv

subsection (3) were omitted;

e

in section 21—

i

before paragraph (a), there were inserted—

za

is placing on the market a lift, or making available on the market a safety component for lifts, which presents a risk;

ii

after “specifying the”, there were inserted “ risk, or ”; and

iii

after “requiring that person to”, there were inserted “ address the risk or ”;

f

for section 22(2) there were substituted—

2

An inspector may serve a notice (in this Part referred to as “a prohibition notice”) on a person if, as regards any activities to which this section applies, the inspector is of the opinion that, as carried on or likely to be carried on by or under the control of the person in question, the activities involve or, as the case may be, will involve—

a

a risk; or

b

a contravention of a relevant statutory provision.

g

in section 23, subsections (3), (4) and (6) were omitted;

h

in section 25A(1)—

i

for “any enforcing authority or inspector”, there were substituted “ the Executive or an inspector ”; and

ii

for “the authority”, there were substituted “ the Executive ”;

i

in section 26, for each of the following references there were substituted “ the Executive ”

i

“the enforcing authority which appointed him”;

ii

“that authority”; and

iii

“the authority”;

j

in section 27—

i

in subsection (1)(a), “or” were omitted;

ii

in subsection (1)(b) were omitted;

iii

in subsection (1), “or, as the case may be, to the enforcing authority in question” were omitted;

iv

subsection (3)(a) were omitted; and

v

in subsection (3)(b) for “functions; and” there were substituted “ functions. ”;

k

in section 27A(2)—

i

for “an enforcing authority” there were substituted “ the Executive ”; and

ii

the words from “, other than the Office for Nuclear Regulation” to the end were omitted;

l

in section 28—

i

in subsection (1)(a), “, other than the Officer for Nuclear Regulation (or an inspector appointed by it),” were omitted;

ii

in subsection (1)(a), “, by virtue of section 43A(6) below” were omitted;

iii

in subsection (3)(a), “or any enforcing authority” were omitted;

iv

in subsection (4), “or an enforcing authority” were omitted;

v

in subsection (4), “(including, in the case of an enforcing authority, any inspector appointed by it)” were omitted;

vi

in subsection (5)(a), “or the purposes of the enforcing authority in question in connection with the relevant statutory provisions” were omitted;

vii

in subsection (7), “14(4)(a) or” were omitted;

viii

in subsection (7), for paragraph (b), there were substituted—

b

for the purposes of any legal proceedings or for the purposes of a report of any such proceedings;

ix

subsection (9B) were omitted;

m

in section 33—

i

in subsection (1), paragraphs (a) to (i) and (k) to (m) were omitted;

ii

for subsection (2), there were substituted—

2

A person guilty of an offence under section 33 is liable on summary conviction—

i

in England and Wales, to a fine or imprisonment for a term not exceeding 3 months, or to both;

ii

in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 3 months, or to both;

iii

subsection (3) were omitted;

n

in section 34—

i

in subsection (1), paragraphs (a) and (b) were omitted;

ii

in subsection (1), for the words from “and it appears” to the end, there were substituted “ and it appears from the investigation or, in a case falling within paragraph (d), from the proceedings at the inquiry, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject-matter of the investigation or inquiry, summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months of the conclusion of the investigation or inquiry. ”; and

iii

subsections (3) to (6) were omitted;

o

in section 35, for “any enforcing authority”, there were substituted “ the Executive ”;

p

in section 39(1), for “enforcing authority which appointed him” there were substituted “ Executive ”; and

q

in section 42, subsections (3A), (4) and (5) were omitted.