Health and Safety at Work etc. Act 1974

15 Health and safety regulations. U.K.

[F1 (1) Subject to the provisions of section 50, the Secretary of State F2 . . . shall have power to make regulations under this section for any of the general purposes of this Part (and regulations so made are in this Part referred to as “health and safety regulations”).]

(2) Without prejudice to the generality of the preceding subsection, health and safety regulations may for any of the general purposes of this Part make provision for any of the purposes mentioned in Schedule 3.

(3) Health and safety regulations—

(a) may repeal or modify any of the existing statutory provisions;

(b) may exclude or modify in relation to any specified class of case any of the provisions of sections 2 to 9 or any of the existing statutory provisions;

(c) may make a specified authority or class of authorities responsible, to such extent as may be specified, for the enforcement of any of the relevant statutory provisions.

(4) Health and safety regulations—

(a) may impose requirements by reference to the approval of [F3 the Executive] or any other specified body or person;

(b) may provide for references in the regulations to any specified document to operate as reference to that document as revised or re-issued from time to time.

(5) Health and safety regulations—

(a) may provide (either unconditionally or subject to conditions, and with or without limit of time) for exemptions from any requirement or prohibition imposed by or under any of the relevant statutory provisions;

(b) may enable exemptions from any requirement or prohibition imposed by or under any of the relevant statutory provisions to be granted (either unconditionally or subject to conditions, and with or without limit of time) by any specified person or by any person authorised in that behalf by a specified authority.

(6) Health and safety regulations—

(a) may specify the persons or classes of persons who, in the event of a contravention of a requirement or prohibition imposed by or under the regulations, are to be guilty of an offence, whether in addition to or to the exclusion of other persons or classes of persons;

(b) may provide for any specified defence to be available in proceedings for any offence under the relevant statutory provisions either generally or in specified circumstances;

(c) may exclude proceedings on indictment in relation to offences consisting of a contravention of a requirement or prohibition imposed by or under any of the existing statutory provisions, sections 2 to 9 or health and safety regulations;

(d) may restrict the punishments [F4 (other than the maximum fine on conviction on indictment)] which can be imposed in respect of any such offence as is mentioned in paragraph (c) above.

[F5 (e) in the case of regulations made for any purpose mentioned in section 1(1) of the Offshore Safety Act 1992, may provide that any offence consisting of a contravention of the regulations, or of any requirement or prohibition imposed by or under them, shall be punishable on conviction on indictment by imprisonment for a term not exceeding two years, or a fine, or both.]

(7) Without prejudice to section 35, health and safety regulations may make provision for enabling offences under any of the relevant statutory provisions to be treated as having been committed at any specified place for the purpose of bringing any such offence within the field of responsibility of any enforcing authority or conferring jurisdiction on any court to entertain proceedings for any such offence.

(8) Health and safety regulations may take the form of regulations applying to particular circumstances only or to a particular case only (for example, regulations applying to particular premises only).

(9) If an Order in Council is made under section 84(3) providing that this section shall apply to or in relation to persons, premises or work outside Great Britain then, notwithstanding the Order, health and safety regulations shall not apply to or in relation to aircraft in flight, vessels, hovercraft or offshore installations outside Great Britain or persons at work outside Great Britain in connection with submarine cables or submarine pipelines except in so far as the regulations expressly so provide.

(10) In this section “specified” means specified in health and safety regulations.

Textual Amendments

F1 S. 15(1) substituted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 6

F2 Words in S. 15(1) repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2(with art. 6)

F3 Words in s. 15(4)(a) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 7 (with art. 21, Sch. 2)

F4 Words inserted by Criminal Law Act 1977 (c. 45), Sch. 12

F5 S. 15(6)(e) inserted (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 4(1)(6).

Modifications etc. (not altering text)

C1 Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C2 S. 15 extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), ss. 1(2), 2(2).

S. 15 extended (31.10.1994) by 1994 c. 21, s. 55(1)(3) (with s. 40(7)); S.I. 1994/2553, art. 2

S. 15 applied (19.10.1994) by S.I. 1994/2479, reg. 3

S. 15 applied (31.1.1995) by S.I. 1994/3247, reg. 16(1)(a)

C3 Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)

C4 S. 15 modified (20.9.2001) by S.I. 2001/2975, reg. 19

C5 S. 15(1) extended (E.W.S) (2.2.1994) by 1993 c. 43, ss. 117(3)(6), 150(1)(e); S.I. 1994/202, art. 2

C6 S. 15(7): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(a), 5 (with s. 3(5))