Health and Safety at Work etc. Act 1974

82 General provisions as to interpretation and regulations. U.K.

(1) In this Act—

(a) “Act” includes a provisional order confirmed by an Act;

(b) “contravention” includes failure to comply, and “contravene” has a corresponding meaning;

(c) “modifications” includes additions, omissions and amendments, and related expressions shall be construed accordingly;

(d) any reference to a Part, section or Schedule not otherwise identified is a reference to that Part or section of, or Schedule to, this Act.

(2) Except in so far as the context otherwise requires, any references in this Act to an enactment is a reference to it as amended, and includes a reference to it as applied, by or under any other enactment, including this Act.

(3) Any power conferred by Part I or II or this Part to make regulations—

(a) includes power to make different provision by the regulations for different circumstances or cases and to include in the regulations such incidental, supplemental and transitional provisions as the authority making the regulations considers appropriate in connection with the regulations; and

(b) shall be exercisable by statutory instrument, which [F1 (unless [F2 subsection (3A), (3B) or (4)] applies)] shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F3 (3A) In the case of a statutory instrument which also contains regulations under section 74 of the Energy Act 2013 (nuclear regulations), subsection (3) is subject to section 113 of that Act (subordinate legislation).]

[F4 (3B) Regulations under section 3(2) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.]

[F5 (4) The first regulations under section 43A(1) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.]

Textual Amendments

F1 Words in s. 82(3)(b) inserted (10.9.2003) by Railways and Transport Safety Act 2003 (c. 20), s. 105(3)(a)

F2 Words in s. 82(3)(b) substituted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), ss. 1(5)(a), 115(2)(a) (with s. 1(6)); S.I. 2015/1732, art. 2(a)

F3 S. 82(3A) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 13(3); S.I. 2014/251, art. 4

F4 S. 82(3B) inserted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), ss. 1(5)(b), 115(2)(a) (with s. 1(6)); S.I. 2015/1732, art. 2(a)

F5 S. 82(4) inserted (10.9.2003) by Railways and Transport Safety Act 2003 (c. 20), s. 105(3)(b)

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 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) (as amended by S.I. 2009/1750, art. 2(2)(4))

C3 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

C4 Ss. 80-82 applied by S.I. 2001/2127 art. 8A 8B (as inserted (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))