Health and Safety at Work etc. Act 1974

1974 c. 37

E12 C365 C366 C367 C368 C369 C370 C371 C31 C185 C619An Act to make further provision for securing the health, safety and welfare of persons at work, for protecting others against risks to health or safety in connection with the activities of persons at work, for controlling the keeping and use and preventing the unlawful acquisition, possession and use of dangerous substances, and for controlling certain emissions into the atmosphere; to make further provision with respect to the employment medical advisory service; to amend the law relating to building regulations, and the Building (Scotland) Act 1959; and for connected purposes.

[31st July 1974]

Annotations:

Extent Information

E12

For the application of this Act to Northern Ireland see s. 84(1); Pt. III of this Act (except s. 75 and Sch. 7) does not extend to Scotland see s. 84(2).

Modifications etc. (not altering text)

C365

Act applied (15.12.1999) by 1996 c. 18, Pt. VIII, s. 72(4) (as substituted (15.12.1999) by 1999 c. 26, ss. 7, 8, 9, Sch. 4 Pt. I; S.I. 1999/2830, art. 2(2))

Act extended (11.10.1999) by S.I. 1999/2550, reg. 3

C366

Act applied by S.I. 1988/778, reg. 11(1)

C367

Act applied by S.I. 1990/13, reg. 11(5)

Act applied in part (1.9.1993) by S.I. 1993/1746, reg. 18(1)(a).

Act extended (1.1.1994) by S.I. 1993/2379, reg. 9(a).

Act extended (1.12.1993) by S.I. 1993/2714, reg. 9(4)(a).

Act applied (31.1.1994) by S.I. 1993/3050, art. 21(1)(a) (with art. 3).

Act applied (with modifications) (29.7.1994) by S.I. 1994/1806, regs. 3(1), 12

Act applied in part (15.3.1995) by S.I. 1995/263, arts. 3-8, 10

Act applied (with modifications) (18.7.1995) by S.I. 1995/1629, art. 30(3)(b)(5)

C368

Act: specified provisions applied (with modifications) (29.11.1992) by S.I. 1992/2415, reg. 4(1)

C369

Act: specified provisions applied (1.1.1993) by S.I. 1992/2997, reg.6

C370

Act: specified provisions applied (with modifications) (E.W.S.) (1.1.1993) by S.I. 1992/3060, reg. 15(1)

C371

Act: specified provisions applied (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 21(1)

C31

Act excluded (E.W.) (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), arts. 1(3), 47 (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)

C185

Act modified (30.5.2007) by The National Assembly for Wales Commission (Crown Status) (No. 2) Order 2007 (S.I. 2007/1353), art. 2

C619

Act modified (E.W.S) (26.3.2015) by S.I. 2015/430, regs. 1(1), 5

C372 C373 C374 C375 C376 C377 C378 C379 C380 C381 C382 C383 C384 C385 E13 C386 C387 C32 C222 C223Part I Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere

Annotations:

Extent Information

E13

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

Modifications etc. (not altering text)

C372

Pt. 1 (ss. 1–54) extended by S.I. 1981/1011, reg. 9; and by S.I. 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

C373

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

C374

Pt. 1 (ss. 1–54) applied by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 para. 6(2)

C375

Pt. 1 (ss. 1–54) amended by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36

C376

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

C377

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

C378

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).

C379

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)

C380

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

C381

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

C382

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

C383

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

C384

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

C385

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

C386

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

C387

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

C32

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

C222

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

C223

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

Preliminary

C388 C389 C2291 Preliminary.

1

The provisions of this Part shall have effect with a view to—

a

securing the health, safety and welfare of persons at work;

b

protecting persons other than persons at work against risks to health or safety arising out of or in connection with the activities of persons at work;

C390c

controlling the keeping and use of explosive or highly flammable or otherwise dangerous substances, and generally preventing the unlawful acquisition, possession and use of such substances; F115and

F115d

controlling the emission into the atmosphere of noxious or offensive substances from premises of any class prescribed for the purposes of this paragraph.

C3912

The provisions of this Part relating to the making of health and safety regulations F116. . . and the preparation and approval of codes of practice shall in particular have effect with a view to enabling the enactments specified in the third column of Schedule 1 and the regulations, orders and other instruments in force under those enactments to be progressively replaced by a system of regulations and approved codes of practice operating in combination with the other provisions of this Part and designed to maintain or improve the standards of health, safety and welfare established by or under those enactments.

C3923

For the purposes of this Part risks arising out of or in connection with the activities of persons at work shall be treated as including risks attributable to the manner of conducting an undertaking, the plant or substances used for the purposes of an undertaking and the condition of premises so used or any part of them.

4

References in this Part to the general purposes of this Part are references to the purposes mentioned in subsection (1) above.

General duties

C393 C394 C2302 General duties of employers to their employees.

C3951

It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

C3952

Without prejudice to the generality of an employer’s duty under the preceding subsection, the matters to which that duty extends include in particular—

a

the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;

b

arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;

c

the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;

d

so far as is reasonably practicable as regards any place of work under the employer’s control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks;

e

the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.

C396 C3953

Except in such cases as may be prescribed, it shall be the duty of every employer to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the health and safety at work of his employees and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all of his employees.

C3974

Regulations made by the Secretary of State may provide for the appointment in prescribed cases by recognised trade unions (within the meaning of the regulations) of safety representatives from amongst the employees, and those representatives shall represent the employees in consultations with the employers under subsection (6) below and shall have such other functions as may be prescribed.

F1175

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

It shall be the duty of every employer to consult any such representatives with a view to the making and maintenance of arrangements which will enable him and his employees to co-operate effectively in promoting and developing measures to ensure the health and safety at work of the employees, and in checking the effectiveness of such measures.

7

In such cases as may be prescribed it shall be the duty of every employer, if requested to do so by the safety representatives mentioned in F118subsection (4) above, to establish, in accordance with regulations made by the Secretary of State, a safety committee having the function of keeping under review the measures taken to ensure the health and safety at work of his employees and such other functions as may be prescribed.

C398 C399 C2313 General duties of employers and self-employed to persons other than their employees.

1

It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

C400 C401 C402 C4032

It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.

3

In such cases as may be prescribed, it shall be the duty of every employer and every self-employed person, in the prescribed circumstances and in the prescribed manner, to give to persons (not being his employees) who may be affected by the way in which he conducts his undertaking the prescribed information about such aspects of the way in which he conducts his undertaking as might affect their health or safety.

C404 C405 C2324 General duties of persons concerned with premises to persons other than their employees.

1

This section has effect for imposing on persons duties in relation to those who—

a

are not their employees; but

b

use non-domestic premises made available to them as a place of work or as a place where they may use plant or substances provided for their use there,

and applies to premises so made available and other non-domestic premises used in connection with them.

2

It shall be the duty of each person who has, to any extent, control of premises to which this section applies or of the means of access thereto or egress therefrom or of any plant or substance in such premises to take such measures as it is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the premises, all means of access thereto or egress therefrom available for use by persons using the premises, and any plant or substance in the premises or, as the case may be, provided for use there, is or are safe and without risks to health.

3

Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to—

a

the maintenance or repair of any premises to which this section applies or any means of access thereto or egress therefrom; or

b

the safety of or the absence of risks to health arising from plant or substances in any such premises;

that person shall be treated, for the purposes of subsection (2) above, as being a person who has control of the matters to which his obligation extends.

4

Any reference in this section to a person having control of any premises or matter is a reference to a person having control of the premises or matter in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).

F119 C406 C407 C2335 General duty of persons in control of certain premises in relation to harmful emissions into atmosphere.

1

F120Subject to subsection (5) below, It shall be the duty of the person having control of any premises of a class prescribed for the purposes of section 1(1)(d) to use the best practicable means for preventing the emission into the atmosphere from the premises of noxious or offensive substances and for rendering harmless and inoffensive such substances as may be so emitted.

2

The reference in subsection (1) above to the means to be used for the purposes there mentioned includes a reference to the manner in which the plant provided for those purposes is used and to the supervision of any operation involving the emission of the substances to which that subsection applies.

3

Any substance or a substance of any description prescribed for the purposes of subsection (1) above as noxious or offensive shall be a noxious or, as the case may be, an offensive substance for those purposes whether or not it would be so apart from this subsection.

4

Any reference in this section to a person having control of any premises is a reference to a person having control of the premises in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not) and any duty imposed on any such person by this section shall extend only to matters within his control.

F1215

The foregoing provisions of this section shall not apply in relation to any process which is a prescribed process as from the date which is the determination date for that process.

6

For the purposes of subsection (5) above, the “determination date” for a prescribed process is—

a

in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;

b

in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.

7

In subsections (5) and (6) above “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.

C408 C409 C410 C411 C412 C2346 General duties of manufacturers etc. as regards articles and substances for use at work.

F122 C413 C414 C4151

It shall be the duty of any person who designs, manufactures, imports or supplies any article for use at work or any article of fairground equipment—

a

to ensure, so far as is reasonably practicable, that the article is so designed and constructed that it will be safe and without risks to health at all times when it is being set, used, cleaned or maintained by a person at work;

b

b

in the case of an article or substance manufactured outside the United Kingdom, was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who manufactured the article or substance.

C4169

Where a person (“the ostensible supplier”) supplies any F132article or substance to another (“the customer”) under a hire-purchase agreement, conditional sale agreement or credit-sale agreement, and the ostensible supplier—

a

carries on the business of financing the acquisition of goods by others by means of such agreements; and

b

in the course of that business acquired his interest in the article or substance supplied to the customer as a means of financing its acquisition by the customer from a third person (“the effective supplier”),

the effective supplier and not the ostensible supplier shall be treated for the purposes of this section as supplying the article or substance to the customer, and any duty imposed by the preceding provisions of this section on suppliers shall accordingly fall on the effective supplier and not on the ostensible supplier.

F13310

For the purposes of this section an absence of safety or a risk to health shall be disregarded in so far as the case in or in relation to which it would arise is shown to be one the occurrence of which could not reasonably be foreseen; and in determining whether any duty imposed by virtue of paragraph (a) of subsection (1), (1A) or (4) above has been performed regard shall be had to any relevant information or advice which has been provided to any person by the person by whom the article has been designed, manufactured, imported or supplied or, as the case may be, by the person by whom the substance has been manufactured, imported or supplied.

C417 C418 C2357 General duties of employees at work.

It shall be the duty of every employee while at work—

a

to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and

b

as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.

C419 C420 C2368 Duty not to interfere with or misuse things provided pursuant to certain provisions.

No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions.

C421 C422 C2379 Duty not to charge employees for things done or provided pursuant to certain specific requirements.

No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions.

The Health and Safety Commission and the Health and Safety Executive

F60 C423 C424 C23810 Establishment of the Executive.

1

There shall be a body corporate to be known as the Health and Safety Executive (in this Act referred to as “the Executive”).

2

The provisions of Schedule 2 shall have effect with respect to the Executive.

3

The functions of the Executive and of its officers and servants shall be performed on behalf of the Crown.

4

For the purpose of any civil proceedings arising out of those functions—

a

in England and Wales and Northern Ireland, the Crown Proceedings Act 1947 shall apply to the Executive as if it were a government department within the meaning of that Act, and

b

in Scotland, the Crown Suits (Scotland) Act 1857 shall apply to the Executive as if it were a public department within the meaning of that Act.

to ensure that its activities are in accordance with proposals approved by the Secretary of State; and

c

to give effect to any directions given to it by the Secretary of State.

6

The Executive shall provide a Minister of the Crown on request—

a

with information about its activities in connection with any matter with which the Minister is concerned; and

b

with advice on any matter with which he is concerned, where relevant expert advice is obtainable from any of the officers or servants of the Executive, but which is not relevant to the general purposes of this Part.

F62 C427 C428 C24012 Control of the Executive by the Secretary of State.

1

The Secretary of State may approve any proposals submitted to him under section 11(5)(a) with or without modifications.

2

The Secretary of State may at any time give to the Executive—

a

such directions as he thinks fit with respect to its functions, or

b

such directions as appear to him requisite or expedient to give in the interests of the safety of the State.

3

The Secretary of State may not under subsection (2) give any directions with regard to the enforcement of the relevant statutory provisions in any particular case.

4

The reference to directions in subsection (2)(a)—

a

includes directions modifying the Executive's functions, but

b

does not include directions conferring functions on the Executive other than any functions of which it was deprived by previous directions given under subsection (2)(a).

F63 C429 C430 C38 C24113 Powers of the Executive.

C431 C432 E7 C224 C24214 Power of the Commission to direct investigations and inquiries.

1

This section applies to the following matters, that is to say any accident, occurrence, situation or other matter whatsoever which F64the Executive thinks it necessary or expedient to investigate for any of the general purposes of this Part or with a view to the making of regulations for those purposes; and for the purposes of this subsection it is immaterial whether the Executive is or is not responsible for securing the enforcement of such (if any) of the relevant statutory provisions as relate to the matter in question.

F652

The Executive may at any time—

a

investigate and make a special report on any matter to which this section applies; or

b

authorise another person to investigate and make a special report into any such matter.

2A

The Executive may at any time, with the consent of the Secretary of State, direct an inquiry to be held into any matter to which this section applies.

3

4

Regulations made for the purposes of subsection (3) above may in particular include provision—

a

conferring on the person holding any such inquiry, and any person assisting him in the inquiry, powers of entry and inspection;

b

conferring on any such person powers of summoning witnesses to give evidence or produce documents and power to take evidence on oath and administer oaths or require the making of declarations;

c

requiring any such inquiry to be held otherwise than in public where or to the extent that a Minister of the Crown so directs.

F675

6

F68The Executive—

a

b

C4387

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.

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

F74The 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 F74the Executive withdraws its approval from a code of practice approved under this section, F74the 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 F74the Executive under subsection (1)(b) above to approve a code of practice issued or proposed to be issued otherwise than by F74the 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.

E5 C439 C440 C441 C24416 Approval of codes of practice by F74the Executive.

ii

assigned to the Executive or to local authorities for the purpose of removing any uncertainty as to what are by virtue of this subsection their respective responsibilities for the enforcement of those provisions;

and any regulations made in pursuance of paragraph (b) above shall include provision for securing that any transfer or assignment effected under the regulations is brought to the notice of persons affected by it.

3

be entitled to exercise the powers so specified only within the field of responsibility of the authority which appointed him.

C4563

So much of an inspector’s instrument of appointment as specifies the powers which he is entitled to exercise may be varied by the enforcing authority which appointed him.

4

An inspector shall, if so required when exercising or seeking to exercise any power conferred on him by any of the relevant statutory provisions, produce his instrument of appointment or a duly authenticated copy thereof.

Nothing in this section shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, as the case may be, on an order for the production of documents in an action in the Court of Session.

C86 C459 C90 C91 C460 C89 C88 C87 C15 C188 C249 C326 C306 C34621 Improvement notices.

If an inspector is of the opinion that a person—

a

is contravening one or more of the relevant statutory provisions; or

b

has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated,

he may serve on him a notice (in this Part referred to as “an improvement notice”) stating that he is of that opinion, specifying the provision or provisions as to which he is of that opinion, giving particulars of the reasons why he is of that opinion, and requiring that person to remedy the contravention or, as the case may be, the matters occasioning it within such period (ending not earlier than the period within which an appeal against the notice can be brought under section 24) as may be specified in the notice.

C92 C93 C94 C95 C461 C462 C16 C228 C250 C327 C307 C34722 Prohibition notices.

1

This section applies to any activities which are being or are F141likely to be carried on by or under the control of any person, being activities to or in relation to which any of the relevant statutory provisions apply or will, if the activities are so carried on, apply.

2

If as regards any activities to which this section applies an inspector is of the opinion that, as carried on or F141likely 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 risk of serious personal injury, the inspector may serve on that person a notice (in this Part referred to as “a prohibition notice”).

3

A prohibition notice shall—

a

state that the inspector is of the said opinion;

b

specify the matters which in his opinion give or, as the case may be, will give rise to the said risk;

c

where in his opinion any of those matters involves or, as the case may be, will involve a contravention of any of the relevant statutory provisions, state that he is of that opinion, specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion; and

d

direct that the activities to which the notice relates shall not be carried on by or under the control of the person on whom the notice is served unless the matters specified in the notice in pursuance of paragraph (b) above and any associated contraventions of provisions so specified in pursuance of paragraph (c) above have been remedied.

F1424

A direction contained in a prohibition notice in pursuance of subsection (3)(d) above shall take effect—

a

at the end of the period specified in the notice; or

b

if the notice so declares, immediately.

C114 C115 E3 C465 C466 C116 C468 C469 C36 C37 C189 C251 C328 C308 C34823 Provisions supplementary to ss. 21 and 22. C113

C1211

In this section “a notice” means an improvement notice or a prohibition notice.

C1222

A notice may (but need not) include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates; and any such directions—

a

may be framed to any extent by reference to any approved code of practice; and

b

may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the contravention or matter.

3

Where any of the relevant statutory provisions applies to a building or any matter connected with a building and an inspector proposes to serve an improvement notice relating to a contravention of that provision in connection with that building or matter, the notice shall not direct any measures to be taken to remedy the contravention of that provision which are more onerous than those necessary to secure conformity with the requirements of any building regulations for the time being in force to which that building or matter would be required to conform if the relevant building were being newly erected unless the provision in question imposes specific requirements more onerous than the requirements of any such building regulations to which the building or matter would be required to conform as aforesaid.

In this subsection “the relevant building”, in the case of a building, means that building, and, in the case of a matter connected with a building, means the building with which the matter is connected.

C4704

Before an inspector serves in connection with any premises used or about to be used as a place of work a notice requiring or likely to lead to the taking of measures affecting the means of escape in case of fire with which the premises are or ought to be provided, he shall consult the F35fire and rescue authority .

In this subsection F35fire and rescue authorityF36, in relation to premises, means—

a

where the Regulatory Reform (Fire Safety) Order 2005 applies to the premises, the enforcing authority within the meaning given by article 25 of that Order;

b

in any other case, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area where the premises are (or are to be) situated.

C1235

Where an improvement notice or a prohibition notice which is not to take immediate effect has been served—

a

the notice may be withdrawn by an inspector at any time before the end of the period specified therein in pursuance of section 21 or section 22(4) as the case may be; and

b

the period so specified may be extended or further extended by an inspector at any time when an appeal against the notice is not pending.

6

In the application of this section to Scotland—

a

in subsection (3) for the words from “with the requirements” to “aforesaid” there shall be substituted the words—

a
to any provisions of the building standards regulations to which that building or matter would be required to conform if the relevant building were being newly erected; or
b
where the sheriff, on an appeal to him under section 16 of the Building (Scotland) Act 1959—
i
against an order under section 10 of that Act requiring the execution of operations necessary to make the building or matter conform to the building standards regulations, or
ii
against an order under section 11 of that Act requiring the building or matter to conform to a provision of such regulations,
has varied the order, to any provisions of the building standards regulations referred to in paragraph (a) above as affected by the order as so varied,
unless the relevant statutory provision imposes specific requirements more onerous than the requirements of any provisions of building standards regulations as aforesaid or, as the case may be, than the requirements of the order as varied by the sheriff.

b

after subsection (5) there shall be inserted the following subsection—

5A
In subsection (3) above ”building standards regulations’ has the same meaning as in section 3 of the Building (Scotland) Act 1959.

C107 C108 E1 C465 C109 C110 C111 C112 C36 C37 C25123 Provisions supplementary to ss. 21 and 22. C106

C1241

In this section “a notice” means an improvement notice or a prohibition notice.

C1252

A notice may (but need not) include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates; and any such directions—

a

may be framed to any extent by reference to any approved code of practice; and

b

may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the contravention or matter.

3 C4704

In this subsection “fire authority” has the meaning assigned by section 43(1) of the M2Fire Precautions Act 1971.

C1265

Where an improvement notice or a prohibition notice which is not to take immediate effect has been served—

a

the notice may be withdrawn by an inspector at any time before the end of the period specified therein in pursuance of section 21 or section 22(4) as the case may be; and

b

the period so specified may be extended or further extended by an inspector at any time when an appeal against the notice is not pending.

6

In the application of this section to Scotland—

a

in subsection (3) for the words from “with the requirements” to “aforesaid” there shall be substituted the words—

a
to any provisions of the building standards regulations to which that building or matter would be required to conform if the relevant building were being newly erected; or
b
where the sheriff, on an appeal to him under section 16 of the Building (Scotland) Act 1959—
i
against an order under section 10 of that Act requiring the execution of operations necessary to make the building or matter conform to the building standards regulations, or
ii
against an order under section 11 of that Act requiring the building or matter to conform to a provision of such regulations,
has varied the order, to any provisions of the building standards regulations referred to in paragraph (a) above as affected by the order as so varied,
unless the relevant statutory provision imposes specific requirements more onerous than the requirements of any provisions of building standards regulations as aforesaid or, as the case may be, than the requirements of the order as varied by the sheriff.

b

after subsection (5) there shall be inserted the following subsection—

5A
In subsection (3) above ”building standards regulations’ has the same meaning as in section 3 of the Building (Scotland) Act 1959.

C117 C463 C464 E2 C465 C466 C467 C468 C469 C36 C37 C190 C251 C328 C309 C34923 Provisions supplementary to ss. 21 and 22.

C1181

In this section “a notice” means an improvement notice or a prohibition notice.

C1192

A notice may (but need not) include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates; and any such directions—

a

may be framed to any extent by reference to any approved code of practice; and

b

may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the contravention or matter.

3 C4704

F37a

where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the premises, the enforcing authority (as defined in section 61(9) of that Act);

b

in any other case, the relevant authority (as defined in section 6 of that Act) for the area where the premises are (or are to be) situated.

C1205

Where an improvement notice or a prohibition notice which is not to take immediate effect has been served—

a

the notice may be withdrawn by an inspector at any time before the end of the period specified therein in pursuance of section 21 or section 22(4) as the case may be; and

b

the period so specified may be extended or further extended by an inspector at any time when an appeal against the notice is not pending.

6

In the application of this section to Scotland—

a

in subsection (3) for the words from “with the requirements” to “aforesaid” there shall be substituted the words—

a
to any provisions of the building standards regulations to which that building or matter would be required to conform if the relevant building were being newly erected; or
b
where the sheriff, on an appeal to him under section 16 of the Building (Scotland) Act 1959—
i
against an order under section 10 of that Act requiring the execution of operations necessary to make the building or matter conform to the building standards regulations, or
ii
against an order under section 11 of that Act requiring the building or matter to conform to a provision of such regulations,
has varied the order, to any provisions of the building standards regulations referred to in paragraph (a) above as affected by the order as so varied,
unless the relevant statutory provision imposes specific requirements more onerous than the requirements of any provisions of building standards regulations as aforesaid or, as the case may be, than the requirements of the order as varied by the sheriff.

b

after subsection (5) there shall be inserted the following subsection—

5A
In subsection (3) above ”building standards regulations’ has the same meaning as in section 3 of the Building (Scotland) Act 1959.

C97 C96 C471 C472 C473 C474 C98 C99 C100 C17 C191 C252 C329 C310 C35024 Appeal against improvement or prohibition notice.

1

In this section “a notice” means an improvement notice or a prohibition notice.

2

A person on whom a notice is served may within such period from the date of its service as may be prescribed appeal to an F143employment tribunal; and on such an appeal the tribunal may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the tribunal may in the circumstances think fit.

3

a

in the case of an improvement notice, the bringing of the appeal shall have the effect of suspending the operation of the notice until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal;

b

in the case of a prohibition notice, the bringing of the appeal shall have the like effect if, but only if, on the application of the appellant the tribunal so directs (and then only from the giving of the direction).

4

One or more assessors may be appointed for the purposes of any proceedings brought before an F143employment tribunal under this section.

C101 C475 C102 C103 C104 C105 C18 C192 C253 C35125 Power to deal with cause of imminent danger.

1

Where, in the case of any article or substance found by him in any premises which he has power to enter, an inspector has reasonable cause to believe that, in the circumstances in which he finds it, the article or substance is a cause of imminent danger of serious personal injury, he may seize it and cause it to be rendered harmless (whether by destruction or otherwise).

2

Before there is rendered harmless under this section—

a

any article that forms part of a batch of similar articles; or

b

any substance,

the inspector shall, if it is practicable for him to do so, take a sample thereof and give to a responsible person at the premises where the article or substance was found by him a portion of the sample marked in a manner sufficient to identify it.

3

As soon as may be after any article or substance has been seized and rendered harmless under this section, the inspector shall prepare and sign a written report giving particulars of the circumstances in which the article or substance was seized and so dealt with by him, and shall—

a

give a signed copy of the report to a responsible person at the premises where the article or substance was found by him; and

b

unless that person is the owner of the article or substance, also serve a signed copy of the report on the owner;

and if, where paragraph (b) above applies, the inspector cannot after reasonable enquiry ascertain the name or address of the owner, the copy may be served on him by giving it to the person to whom a copy was given under the preceding paragraph.

an officer of a body which is so performing any such functions; and

c

an adviser appointed under section 13(7).

4

A person to whom information is disclosed in pursuance of subsection (2) above shall not use the information for a purpose other than a purpose F85. . . of the Executive.

F146 C484 C485 C486 C487 C20 C257 C35527AF9Information communicated by Commissioners for Revenue and Customs.

1

If they think it appropriate to do so for the purpose of facilitating the exercise or performance by any person to whom sub-section (2) below applies of any of that person’s powers or duties under any of the relevant statutory provisions, F10the Commissioners for Her Majesty’s Revenue and Customs may authorise the disclosure to that person of any information obtained F11or held for the purposes of the exercise F12by Her Majesty’s Revenue and Customs of their functions in relation to imports.

2

This subsection applies to an enforcing authority and to an inspector.

3

A disclosure of information made to any person under subsection (1) above shall be made in such manner as may be directed by F13the Commissioners for Her Majesty’s Revenue and Customsand may be made through such persons acting on behalf of that person as may be so directed.

4

Information may be disclosed to a person under subsection (1) above whether or not the disclosure of the information has beenrequested by or on behalf of that person.

with the relevant consent.

In this subsection “the relevant consent” means, in the case of information furnished in pursuance of a requirement imposed under section 20, the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.

8

Notwithstanding anything in the preceding subsection an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare, give to such persons or their represenatives the following descriptions of information, that is to say—

a

factual information obtained by him as mentioned in that subsection which relates to those premises or anything which was or is therein or was or is being done therein; and

b

information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;

and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.

F1659

Notwithstanding anything in subsection (7) above, a person who has obtained such information as is referred to in that subsection may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of relevant facts observed by him in the course of exercising any of the powers referred to in that subsection.

F319A

Subsection (7) above does not apply if–

a

b

the information is not held by the authority on behalf of another person.

F16610

The Broads Authority and every National Park authority shall be deemed to be local authorities for the purposes of this section.

C488 C489 C490 C491 C492 E14 C493 C33 C25828 Restrictions on disclosure of information.

1

In this and the two following subsections—

a

“relevant information” means information obtained by a person under section 27(1) or furnished to any person F147under section 27A above F1, by virtue of section 43A(6) belowor in pursuance of a requirement imposed by any of the relevant statutory provisions; and

b

“the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.

2

Subject to the following subsection, no relevant information shall be disclosed without the consent of the person by whom it was furnished.

3

The preceding subsection shall not apply to—

a

disclosure of information to F86. . . the Executive, a government department or any enforcing authority;

b

c

without prejudice to paragraph (a) above, disclosure by the recipient of information to—

i

an officer of a local authority who is authorised by that authority to receive it,

F148ii

an officer of the National Rivers Authority or of a water undertaker, sewerage undertaker, water authority or water development board who is authorised by that Authority, undertaker, authority or board to receive it,

iii

an officer of a river purification board who is authorised by that board to receive it, or

iv

a constable authorised by a chief officer of police to receive it;

d

disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case;

e

disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of F87section 14(2) or (2A), or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of F87section 14(2) or (2A).

F26f

any other disclosure of information by the recipient, if–

i

the recipient is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

ii

the information is not held by the authority on behalf of another person.

F884

a

a person performing any functions of the Executive on its behalf by virtue of section 13(3);

b

an officer of a body which is so performing any such functions; and

c

an adviser appointed under section 13(7).

5

A person to whom information is disclosed in pursuance of F30any of paragraphs (a) to (e) of subsection (3) above shall not use the information for a purpose other than—

a

in a case falling within paragraph (a) of that subsection, a purpose F89. . . of the Executive or of the government department in question, or the purposes of the enforcing authority in question in connection with the relevant statutory provisions, as the case may be;

b

in the case of information given to an officer of a F149body which is a local authority, the National Rivers Authority, a water undertaker, a sewerage undertaker, a water authority, a river purification board or a water development board, the purposes of the body in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the protection of the environment;

c

F150 C4986

F15210

For the purposes of this section the Broads Authority shall be treated as a local authority.

C180 C181 C500 C501 C502 E16 C503 C6 C183 C194 C25828 Restrictions on disclosure of information.

1

In this and the two following subsections—

a

“relevant information” means information obtained by a person under section 27(1) or furnished to any person F167under section 27A above F1, by virtue of section 43A(6) below or in pursuance of a requirement imposed by any of the relevant statutory provisions; and

b

“the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.

2

Subject to the following subsection, no relevant information shall be disclosed without the consent of the person by whom it was furnished.

3

The preceding subsection shall not apply to—

a

disclosure of information to F86. . . the Executive, F168the Environment Agency, the Scottish Environment Protection Agency, a government department or any enforcing authority;

b

c

without prejudice to paragraph (a) above, disclosure by the recipient of information to—

i

an officer of a local authority who is authorised by that authority to receive it,

F169ii

an officer of a water undertaker, sewerage undertaker, F22or Scottish Water who is authorised by F39that undertaker or, as the case may be, Scottish Water to receive it;

F170iii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iv

a constable authorised by a chief officer of police to receive it;

d

disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case;

e

disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of F87section 14(2) or (2A), or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of F87section 14(2) or (2A).

F27f

any other disclosure of information by the recipient, if–

i

the recipient is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000 F91or a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002 , and

ii

the information is not held by the authority on behalf of another person.

F884

a

a person performing any functions of the Executive on its behalf by virtue of section 13(3);

b

an officer of a body which is so performing any such functions; and

c

an adviser appointed under section 13(7).

5

A person to whom information is disclosed in pursuance of F29any of paragraphs (a) to (e) of subsection (3) above shall not use the information for a purpose other than—

a

in a case falling within paragraph (a) of that subsection, a purpose F89. . . of the Executive or F171 of the Environment Agency or of the Scottish Environment Protection Agency or of the government department in question, or the purposes of the enforcing authority in question in connection with the relevant statutory provisions, as the case may be;

b

F172in the case of information given to an officer of a body which is a local authority, a water undertaker, F23or a sewerage undertaker or to an officer of Scottish Water, the purposes of the body F24authority, undertaker or, as the case may be, Scottish Water in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the protection of the environment;

c

F173 C4986

C5047

a

for the purposes of his functions; or

b

c

with the relevant consent.

8

a

factual information obtained by him as mentioned in that subsection which relates to those premises or anything which was or is therein or was or is being done therein; and

b

information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;

and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.

F1749

F339A

Subsection (7) above does not apply if–

a

the person who has obtained any such information as is referred to in that subsection is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000 F92or a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002 , and

b

the information is not held by the authority on behalf of another person.

F17510

For the purposes of this section the Broads Authority shall be treated as a local authority.

Special provisions relating to agriculture

b

the holder of such a licence of any proposed decision of the authority to revoke the licence or to vary any term, condition or restriction on or subject to which the licence is held;

and for enabling persons aggrieved by any such proposed decision to make representations to, or to a person appointed by, the relevant authority within the period and in the manner prescribed by the regulations.

6

In relation to any agricultural health and safety regulations made in pursuance of paragraph 2 of Schedule 3 as applied by this section, subsection (2) above shall have effect as if after the words “Great Britain” there were inserted the words “or the United Kingdom”.

F17831. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions as to offences

C507 C508 C509 C510 C511 C21 C260 C294 C35633 Offences.

1

It is an offence for a person—

a

to fail to discharge a duty to which he is subject by virtue of sections 2 to 7;

b

to contravene section 8 or 9;

C512 C196 C331 C312c

to contravene any health and safety regulations F179. . . or any requirement or prohibition imposed under any such regulations (including any requirement or prohibition to which he is subject by virtue of the terms of or any condition or restriction attached to any licence, approval, exemption or other authority issued, given or granted under the regulations);

d

to contravene any requirement imposed by or under regulations under section 14 or intentionally to obstruct any person in the exercise of his powers under that section;

C73 C513 C196 C332 C313e

to contravene any requirement imposed by an inspector under section 20 or 25;

f
C39 C41 C40 C42 C43 C197 C332 C313to prevent or attempt to prevent any other person from appearing before an inspector or from answering any question to which an inspector may by virtue of section 20(2) require an answer;
g
C44 C45 C46 C47 C52 C198 C332 C313to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal);
h
C48 C49 C50 C51 C53 C199 C332 C313intentionally to obstruct an inspector in the exercise or performance of his powers or duties F180or to obstruct a customs officer in the exercise of his powers under section 25A;
i
C7 C54 C55 C56to contravene any requirement imposed by a notice under section 27(1);
j
C57 C58 C59 C333 C314to use or disclose any information in contravention of section 27(4) or 28;
k
C60 C61 C199 C333 C314to make a statement which he knows to be false or recklessly to make a statement which is false where the statement is made—
1. i
  in purported compliance with a requirement to furnish any information imposed by or under any of the relevant statutory provisions; or
2. ii
  for the purpose of obtaining the issue of a document under any of the relevant statutory provisions to himself or another person;
l
C62 C63 C200 C333 C314intentionally to make a false entry in any register, book, notice or other document required by or under any of the relevant statutory provisions to be kept, served or given or, with intent to deceive, to make use of any such entry which he knows to be false;
m
C72 C64 C201 C333 C314with intent to deceive, to F181forge or use a document issued or authorised to be issued under any of the relevant statutory provisions or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be calculated to deceive;
n
C65 C66 C67 C202 C333 C314falsely to pretend to be an inspector;
o
C68 C69 C70 C71 C203 C333 C314to fail to comply with an order made by a court under section 42.

F932

Schedule 3A (which specifies the mode of trial and maximum penalty applicable to offences under this section and the existing statutory provisions) has effect.

3

Schedule 3A is subject to any provision made by virtue of section 15(6)(c) or (d).

5

F38Where a person is convicted of an offence under subsection (1)(g) or (o) above, then, if the contravention in respect of which he was convicted is continued after the conviction he shall (subject to section 42(3)) be guilty of further offence and ~~F183liable on summary conviction to a fine not exceeding £100~~ ~~for each day on which the contravention is so continued.~~

F1826

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C142 C514 C515 C516 C517 C144 C143 C22 C35734C295 C261 Extension of time for bringing summary proceedings.

1

Where—

a

a special report on any matter to which section 14 of this Act applies is made by virtue of subsection F94(2) of that section; or

b

a report is made by the person holding an inquiry into any such matter by virtue of subsection F95(2A) of that section; or

C204c

a coroner’s inquest is held touching the death of any person whose death may have been caused by an accident which happened while he was at work or by a disease which he contracted or probably contracted at work or by any accident, act or omission which occured in connection with the work of any person whatsoever; or

C205d

a public inquiry into any death that may have been so caused is held under F184the M5Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976,

and it appears from the report or, in a case falling within paragraph (c) or (d) above, from the proceedings at the inquest or inquiry, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject-matter of the report, inquest 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 making of the report or, in a case falling within paragraph (c) or (d) above, within three months of the conclusion of the inquest or inquiry.

C159 C518 C145 C206 C334 C3152

Where an offence under any of the relevant statutory provisions is committed by reason of a failure to do something at or within a time fixed by or under any of those provisions, the offence shall be deemed to continue until that thing is done.

C160 C519 C518 C148 C520 C2073

Summary proceedings for an offence to which this subsection applies may be commenced at any time within six months from the date on which there comes to the knowledge of a responsible enforcing authority evidence sufficient in the opinion of that authority to justify a prosecution for that offence; and for the purposes of this subsection—

a

a certificate of an enforcing authority stating that such evidence came to its knowledge on a specified date shall be conclusive evidence of that fact; and

b

a document purporting to be such a certificate and to be signed by or on behalf of the enforcing authority in question shall be presumed to be such a certificate unless the contrary is proved.

C161 C146 C149 C164 C518 C147 C2084

The preceding subsection applies to any offence under any of the relevant statutory provisions which a person commits by virtue of any provision or requirement to which he is subject as the designer, manufacturer, importer or supplier of any thing; and in that subsection “responsible enforcing authority” means an enforcing authority within whose field of responsibility the offence in question lies, whether by virtue of section 35 or otherwise.

C162 C150 C151 C518 C152 C2095

In the application of subsection (3) above to Scotland—

a

for the words from “there comes” to “that offence” there shall be substituted the words “evidence, sufficient in the opinion of the enforcing authority to justify a report to the Lord Advocate with a view to consideration of the question of prosecution, comes to the knowledge of the authority”;

b

at the end of paragraph (b) there shall be added the words “and

c

section F185331(3) of the M6Criminal Procedure (Scotland) Act 1975 (date of commencement of proceedings) shall have effect as it has effect for the purposes of that section.”

F186 C163 C518 C1536

In the application of subsection (4) above to Scotland, after the words “applies to” there shall be inserted the words “any offence under section 33(1)(c) above where the health and safety regulations concerned were made for the general purpose mentioned in section 18(1) of the Gas Act 1986 and”.

C154 C521 C522 C523 C524 C525 C526 C8 C23 C210 C262 C296 C335 C35835 Venue.

An offence under any of the relevant statutory provisions commited in connection with any plant or substance may, if necessary for the purpose of bringing the offence within the field of responsibility of any enforcing authority or conferring jurisdiction on any court to entertain proceedings for the offence, be treated as having been commited at the place where that plant or substance is for the time being.

C155 C527 C528 C529 C156 C9 C24 C263 C29736 Offences due to fault of other person.

C530 C531 C532 C158 C533 C184 C211 C336 C316 C3591

Where the commission by any person of an offence under any of the relevant statutory provisions is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.

C530 C157 C533 C212 C336 C316 C3592

Where there would be or have been the commission of an offence under section 33 by the Crown but for the circumstance that that section does not bind the Crown, and that fact is due to the act or default of a person other than the Crown, that person shall be guilty of the offence which, but for that circumstance, the Crown would be committing or would have committed, and may be charged with and convicted of that offence accordingly.

3

The preceding provisions of this section are subject to any provision made by virtue of section 15(6).

C165 C534 C535 C536 C537 C538 C539 C540 C10 C25 C213 C264 C298 C337 C317 C36037 Offences by bodies corporate.

1

Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

2

Where the affairs of a body corporate are managed by its members, the preceding subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

C166 C541 C542 C543 C544 C545 C546 C11 C26 C214 C265 C299 C338 C318 C36138 Restrictions on institution of proceedings in England and Wales.

Proceedings for an offence under any of the relevant statutory provisions shall not, in England and Wales, be instituted except by an inspector or F187the Environment Agency orby or with the consent of the Director of Public Prosecutions.

C167 C547 C548 C549 C550 C551 C168 C27 C215 C266 C300 C339 C319 C36239 Prosecutions by inspectors.

1

An inspector, if authorised in that behalf by the enforcing authority which appointed him, may, although not of counsel or a solicitor, prosecute before a magistrates’ court proceedings for an offence under any of the relevant statutory provisions.

2

This section shall not apply to Scotland.

C169 C552 C553 C554 C28 C216 C267 C301 C340 C32040 Onus of proving limits of what is practicable etc.

In any proceedings for an offence under any of the relevant statutory provisions consisting of a failure to comply with a duty or requirement to do something so far as is practicable or so far as is reasonably practicable, or to use the best practicable means to do something, it shall be for the accused to prove (as the case may be) that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement.

C170 C555 C556 C557 C558 C559 C560 C29 C217 C268 C302 C341 C321 C36341 Evidence.

1

Where an entry is required by any of the relevant statutory provisions to be made in any register or other record, the entry, if made, shall, as against the person by or on whose behalf it was made, be admissible as evidence or in Scotland sufficient evidence of the facts stated therein.

2

Where an entry which is so required to be so made with respect to the observance of any of the relevant statutory provisions has not been made, that fact shall be admissible as evidence or in Scotland sufficient evidence that that provision has not been observed.

C171 C561 C562 C563 C564 C565 C566 C12 C269 C303 C36442 Power of court to order cause of offence to be remedied or, in certain cases, forfeiture.

C172 C218 C342 C3221

Where a person is convicted of an offence under any of the relevant statutory provisions in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him. within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying the said matters.

C173 C219 C342 C3222

The time fixed by an order under subsection (1) above may be extended or further extended by order of the court on an application made before the end of that time as originally fixed or as extended under this subsection, as the case may be.

C174 C220 C342 C3223

Where a person is ordered under subsection (1) above to remedy any matters, that person shall not be liable under any of the relevant statutory provisions in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under subsection (2) above.

F963A

Subsection (4) applies where a person is convicted of an offence consisting of acquiring or attempting to acquire, possessing or using an explosive article or substance (within the meaning of any of the relevant statutory provisions) in contravention of any of the relevant statutory provisions.

4

Subject to the following subsection, the court by or before which F97the person is convicted of the offence may order the article or substance in question to be forfeited and either destroyed or dealt with in such other manner as the court may order.

5

The court shall not order anything to be forfeited under the preceding subsection where a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.

Financial provisions

C567 C568 C27043 Financial provisions.

1

It shall be the duty of the Secretary of State to pay to F98the Executive such sums as are approved by the Treasury and as he considers appropriate for the purpose of enabling F98the Executive to perform its functions; F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Regulations may provide for such fees as may be fixed by or determined under the regulations to be payable for or in connection with the performance by or on behalf of any authority to which this subsection applies of any function conferred on that authority by or under any of the relevant statutory provisions.

3

Subsection (2) above applies to the following authorities, namely F100. . . the Executive, the Secretary of State, . . . F188, every enforcing authority, and any other person on whom any function is conferred by or under any of the relevant statutory provisions.

4

Regulations under this section may specify the person by whom any fee payable under the regulations is to be paid; but no such fee shall be made payable by a person in any of the following capacities, namely an employee, a person seeking employment, a person training for employment, and a person seeking training for employment.

5

Without prejudice to section 82(3), regulations under this section may fix or provide for the determination of different fees in relation to different functions, or in relation to the same function in different circumstances.

F1896

The power to make regulations under this section shall be exercisable by the Secretary of State F190. . ..

8

In subsection (4) above the references to a person training for employment and a person seeking training for employment shall include respectively a person attending an industrial rehabilitation course provided by virtue of the M7Employment and TrainingAct 1973 and a person seeking to attend such a course.

9

For the purposes of this section the performance by an inspector of his functions shall be treated as the performance by the enforcing authority which appointed him of functions conferred on that authority by or under any of the relevant statutory provisions.

creating a criminal offence in connection with the supply of inaccurate or misleading information (but not an offence punishable with imprisonment).

8

Regulations under subsection (1) may enable payment to be enforced by civil proceeding.

9

For the purposes of this section a person provides railway services if he manages or controls, or participates in managing or controlling, a transport system F19falling within paragraph 1(3) of Schedule 3 to the Railways Act 2005 .

E8 C292 C27143ARailway safety levy

1

The Secretary of State may make regulations requiring persons who provide railway services to pay railway safety levy.

2

Railway safety levy shall be applied only for the purpose of meeting expenses incurred—

a

in respect of activity undertaken by the Executive in reliance on section 117 of the Railways Act 1993 (safety of railways, &c.), or

b

in respect of activity undertaken by the Executive, under or by virtue of any other enactment, in relation to a transport system to which that section applies.

3

The railway safety levy shall not be used to meet—

a

an expense in respect of which a fee is payable under regulations made under section 43, or

b

an expense in respect of a matter specified by the regulations for the purpose of this paragraph.

4

5

Regulations under subsection (1) may, in particular, determine or enable the Commission or the Executive to determine—

a

the total amount of the railway safety levy to be imposed in respect of a specified period;

b

the persons by whom the levy is to be paid;

For the purposes of this section a person provides railway services if he manages or controls, or participates in managing or controlling, a transport system to which section 117 of the Railways Act 1993 applies.

Miscellaneous and supplementary

C569 C570 C27244 Appeals in connection with licensing provisions in the relevant statutory provisions.

1

Any person who is aggrieved by a decision of an authority having power to issue licences (other than F191. . . nuclear site licences) under any of the relevant statutory provisions—

a

refusing to issue him a licence, to renew a licence held by him, or to transfer to him a licence held by another;

b

issuing him a licence on or subject to any term, condition or restriction whereby he is aggrieved;

c

varying or refusing to vary any term, condition or restriction on or subject to which a licence is held by him; or

d

i

the production or use of atomic energy; or

ii

the carrying out of any process which is preparatory or ancillary to the production or use of atomic energy and which involves or is capable of causing the emission of ionising radiations; or

iii

the storage, processing or disposal of nuclear fuel or of bulk quantities of other radioactive matter, being matter which has been produced or irradiated in the course of the production or use of nuclear fuel;

and in this subsection—

“atomic energy” has the meaning assigned by the M9Atomic Energy Act 1946;
“nuclear reactor” means any plant (including any machinery, equipment or appliance, whether affixed to land or not) designed or adapted for the production of atomic energy by a fission process in which a controlled chain reaction can be maintained without an additional source of neutrons.

C572 C573 C27345 Default powers.

1

Where, in the case of a local authority who are an enforcing authority, F101the Executive is of the opinion that an investigation should be made as to whether that local authority have failed to perform any of their enforcement functions F101the Executive may make a report to the Secretary of State.

2

The Secretary of State may, after considering a report submitted to him under the preceding subsection, cause a local inquiry to be held; and the provisions of subsections (2) to (5) of section 250 of the M10Local Government Act 1972 as to local inquiries shall, without prejudice to the generality of subsection (1) of that section, apply to a local inquiry so held as they apply to a local inquiry held in pursuance of that section.

3

If the Secretary of State is satisfied, after having caused a local inquiry to be held into the matter, that a local authority have failed to perform any of their enforcement functions, he may make an order declaring the authority to be in default.

4

An order made by virtue of the preceding subsection which declares an authority to be in default may, for the purpose of remedying the default, direct the authority (hereafter in this section referred to as “the defaulting authority”) to perform such of their enforcement functions as are specified in the order in such manner as may be so specified and may specify the time or times within which those functions are to be performed by the authority.

5

If the defaulting authority fail to comply with any direction contained in such an order the Secretary of State may, instead of enforcing the order by mandamus, make an order transferring to the Executive such of the enforcement functions of the defaulting authority as he thinks fit.

6

Where any enforcement functions of the defaulting authority are transferred in pursuance of the preceding subsection, the amount of any expenses which the Executive certifies were incurred by it in performing those functions shall on demand be paid to it by the defaulting authority.

7

Any expenses which in pursuance of the preceding subsection are required to be paid by the defaulting authority in respect of any enforcement functions transferred in pursuance of this section shall be defrayed by the authority in the like manner, and shall be debited to the like account, as if the enforcement functions had not been transferred and the expenses had been incurred by the authority in performing them.

8

Where the defaulting authority are required to defray any such expenses the authority shall have the like powers for the purpose of raising the money for defraying those expenses as they would have had for the purpose of raising money required for defraying expenses incurred for the purpose of the enforcement functions in question.

9

An order transferring any enforcement functions of the defaulting authority in pursuance of subsection (5) above may provide for the transfer to the Executive of such of the rights, liabilities and obligations of the authority as the Secretary of State considers appropriate; and where such an order is revoked the Secretary of State may, by the revoking order or a subsequent order, make such provision as he considers appropriate with respect to any rights, liabilities and obligations held by the Executive for the purposes of the transferred enforcement functions.

10

The Secretary of State may by order vary or revoke any order previously made by him in pursuance of this section.

11

In this section “enforcement functions”, in relation to a local authority, means the functions of the authority as an enforcing authority.

12

In the application of this section to Scotland—

a

in subsection (2) for the words “subsections (2) to (5) of section 250 of the M11Local Government Act 1972” there shall be substituted the words “subsections (2) to (8) of section 210 of the M12Local Government (Scotland) Act 1973”, except that before 16th May 1975 for the said words there shall be substituted the words “subsections (2) to (9) of section 355 of the M13Local Government (Scotland) Act 1947”;

b

in subsection (5) the words “instead of enforcing the order by mandamus” shall be omitted.

C175 C574 C13 C221 C274 C343 C32346 Service of notices.

1

Any notice required or authorised by any of the relevant statutory provisions to be served on or given to an inspector may be served or given by delivering it to him or by leaving it at, or sending it by post to, his office.

2

Any such notice required or authorised to be served on or given to a person other than an inspector may be served or given by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

3

Any such notice may—

a

C5772

Breach of a duty imposed by health and safety regulations F195. . . shall, so far as it causes damage, be actionable except in so far as the regulations provide otherwise.

3

No provision made by virtue of section 15(6)(b) shall afford a defence in any civil proceedings, whether brought by virtue of subsection (2) above or not; but as regards any duty imposed as mentioned in subsection (2) above health and safety regulations F195. . . may provide for any defence specified in the regulations to be available in any action for breach of that duty.

4

Subsections (1)(a) and (2) above are without prejudice to any right of action which exists apart from the provisions of this Act, and subsection (3) above is without prejudice to any defence which may be available apart from the provisions of the regulations there mentioned.

5

Any term of an agreement which purports to exclude or restrict the operation of subsection (2) above, or any liability arising by virtue of that subsection shall be void, except in so far as health and safety regulations F195. . . provide otherwise.

6

In this section “damage” includes the death of, or injury to, any person (including any disease and any impairment of a person’s physical or mental condition).

C578 C579 C27648 Application to Crown.

C301

Subject to the provisions of this section, the provisions of this Part, except sections 21 to 25 and 33 to 42, and of regulations made under this Part shall bind the Crown.

C1762

Although they do not bind the Crown, sections 33 to 42 shall apply to persons in the public service of the Crown as they apply to other persons.

C1773

For the purposes of this Part and regulations made thereunder persons in the service of the Crown shall be treated as employees of the Crown whether or not they would be so treated apart from this subsection.

C5804

Without prejudice to section 15(5), the Secretary of State may, to the extent that it appears to him requisite or expedient to do so in the interests of the safety of the State or the safe custody of persons lawfully detained, by order exempt the Crown either generally or in particular respects from all or any of the provisions of this Part which would, by virtue of subsection (1) above, bind the Crown.

5

The power to make orders under this section shall be exercisable by statutory instrument, and any such order may be varied or revoked by a subsequent order.

6

Nothing in this section shall authorise proceedings to be brought against Her Majesty in her private capacity, and this subsection shall be construed as if section 38(3) of the M16Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.

C581 C582 C27749 Adaptation of enactments to metric units or appropriate metric units.

1

F196Regulations made under this subsection may amend—

a

any of the relevant statutory provisions; or

b

any provision of an enactment which relates to any matter relevant to any of the general purposes of this Part but is not among the relevant statutory provisions; or

c

any provision of an instrument made or having effect under any such enactment as is mentioned in the preceding paragraph,

by substituting an amount or quantity expressed in metric units for an amount or quantity not so expressed or by substituting an amount or quantity expressed in metric units of a description specified in the regulations for an amount or quantity expressed in metric units of a different description.

2

The amendments shall be such as to preserve the effect of the provisions mentioned except to such extent as in the opinion of the F196authority making the regulations is necessary to obtain amounts expressed in convenient and suitable terms.

3

Regulations made F197. . . under this subsection may, in the case of a provision which falls within any of paragraphs (a) to (c) of subsection (1) above and contains words which refer to units other than metric units, repeal those words F196if the authority making the regulations is of the opinion that those words could be omitted without altering the effect of that provision.

F1984

The power to make regulations under this section shall be exercisable by the Secretary of State F199. . ..

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C583 C584 C27951 Exclusion of application to domestic employment.

Nothing in this Part shall apply in relation to a person by reason only that he employs another, or is himself employed, as a domestic servant in a private household.

F203 C585 C586 E10 C28051A Application of Part to police.

1

For the purposes of this Part, a person who, otherwise than under a contract of employment, holds the office of constable or an appointment as police cadet shall be treated as an employee of the relevant officer.

2

In this section “the relevant officer”—

a

in relation to a member of a police force or a special constable or police cadet appointed for a police area, means the chief officer of police,

F51b

in relation to a member of a police force seconded to the Serious Organised Crime Agency to serve as a member of its staff, means that Agency, and

c

in relation to any other person holding the office of constable or an appointment as police cadet, means the person who has the direction and control of the body of constables or cadets in question.

F202A

For the purposes of this Part the relevant officer, as defined by subsection (2)(a) or (c) above, shall be treated as a corporation sole.

2B

Where, in a case in which the relevant officer, as so defined, is guilty of an offence by virtue of this section, it is proved—

a

that the officer-holder personally consented to the commission of the offence,

b

that he personally connived in its commission, or

c

that he personally connived in its commission, or

c

that the commission of the offence was attributable to personal neglect on his part,

the office-holder (as well as the corporation sole) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

2C

In subsection (2B) above “the office-holder”, in relation to the relevant officer, means an individual who, at the time of the consent, connivance or neglect—

a

held the office or other position mentioned in subsection (2) above as the office or position of that officer; or

b

was for the time being responsible for exercising and performing the powers and duties of that office or position.

2D

2E

Those provisions are—

a

section 39 of the Police (Scotland) Act 1967;

b

section 88(1) of the Police Act 1996;

c

F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001;

f

section 28 of the Serious Organised Crime and Police Act 2005.

F54g

paragraph 20 of Schedule 1 to the Police and Justice Act 2006;

2F

In the application of this section to Scotland—

an employee is at work throughout the time when he is in the course of his employment, but not otherwise;

F204bb

a person holding the office of constable is at work throughout the time when he is on duty, but not otherwise; and

c

a self-employed person is at work throughout such time as he devotes to work as a self-employed person;

and, subject to the following subsection, the expressions “work” and “at work”, in whatever context, shall be construed accordingly.

2

Regulations made under this subsection may—

a

extend the meaning of “work” and “at work” for the purposes of this Part; and

b

in that connection provide for any of the relevant statutory provisions to have effect subject to such adaptations as may be specified in the regulations.

F2053

The power to make regulations under subsection (2) above shall be exercisable by the Secretary of State F206. . ..

C589 C590 C28253 General interpretation of Part I.

1

In this Part, unless the context otherwise requires—

F207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“article for use at work” means—
1. a
  any plant designed for use or operation (whether exclusively or not) by persons at work, and
2. b
  any article designed for use as a component in any such plant;
F208“article of fairground equipment” means any fairground equipment or any article designed for use as a component in any such equipment;
“code of practice” (without prejudice to section 16(8)) includes a standard, a specification and any other documentary form of practical guidance;
F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“conditional sale agreement” means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled;
“contract of employment” means a contract of employment or apprenticeship (whether express or implied and, if express, whether oral or in writing);
“credit-sale agreement” means an agreement for the sale of goods, under which the purchase price or part of it is payable by instalments, but which is not a conditional sale agreement;
F209“customs officer” means an officer within the meaning of the Customs and Excise Management Act M171979;
“domestic premises” means premises occupied as a private dwelling (including any garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling), and “non-domestic premises” shall be construed accordingly;
“employee” means an individual who works under a contract of employment F210or is treated by section 51A as being an employee, and related expressions shall be construed accordingly;
“enforcing authority” has the meaning assigned by section 18(7);
“the Executive” has the meaning assigned by section F10710(1);
“ the existing statutory provisions” means the following provisions while and to the extent that they remain in force, namely the provisions of the Acts mentioned in Schedule 1 which are specified in the third column of that Schedule and of the regulations, orders or other instruments of a legislative character made or having effect under any provision so specified;
F211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F212“fairground equipment” means any fairground ride, any similar plant which is designed to be in motion for entertainment purposes with members of the public on or inside it or any plant which is designed to be used by members of the public for entertainment purposes either as a slide or for bouncing upon, and in this definition the reference to plant which is designed to be in motion with members of the public on or inside it includes a reference to swings, dodgems and other plant which is designed to be in motion wholly or partly under the control of, or to be put in motion by, a member of the public;
“the general purposes of this Part” has the meaning assigned by section 1;
“health and safety regulations” has the meaning assigned by section 15(1);
“hire-purchase agreement” means an agreement other than a conditional sale agreement, under which—
1. a
  goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired; and
2. b
  the property in the goods will pass to that person if the terms of the agreement are complied with and one or more of the following occurs:
  1. i
    the exercise of an option to purchase by that person;
  2. ii
    the doing of any other specified act by any party to the agreement;
  3. iii
    the happening of any other event;
and “hire-purchase” shall be construed accordingly;
“improvement notice” means a notice under section 21;
“inspector” means an inspector appointed under section 19;
F211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“local authority” means—
1. a
  in relation to England F213. . ., a county council, F214. . . a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple,
2. aa
  F215in relation to Wales, a county council or a county borough council,
3. b
  in relation to Scotland, a F216council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
F217“micro-organism” includes any microscopic biological entity which is capable of replication;
“offshore installation” means any installation which is intended for underwater exploitation of mineral resources or exploration with a view to such exploitation;
“personal injury” includes any disease and any impairment of a person’s physical or mental condition;
“plant” includes any machinery, equipment or appliance;
“premises” includes any place and, in particular, includes—
1. a
  any vehicle, vessel, aircraft or hovercraft,
2. b
  any installation on land (including the foreshore and other land intermittently covered by water), any offshore installation, and any other installation (whether floating, or resting on the seabed or the subsoil thereof, or resting on other land covered with water or the subsoil thereof), and
3. c
  any tent or moveable structure;
“prescribed” means prescribed by regulations made by the Secretary of State;
“prohibition notice” means a notice under section 22;
F211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21“railway safety purposes” has the same meaning as in Schedule 3 to the Railways Act 2005;
C591“the relevant statutory provisions” means—
1. a
  the provisions of this Part and of any health and safety regulations F218. . .; and
2. b
  the existing statutory provisions;
“self-employed person” means an individual who works for gain or reward otherwise than under a contract of employment, whether or not he himself employs others;
“substance” means any natural or artificial substance F219(including micro-organisms), whether in solid or liquid form or in the form of a gas or vapour;
F220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“supply”, where the reference is to supplying articles or substances, means supplying them by way of sale, lease, hire or hire-purchase, whether as principal or agent for another.

F2212

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C592 C593 C28354 Application of Part I to Isles of Scilly.

This Part, in its application to the Isles of Scilly, shall apply as if those Isles were a local government area and the Council of those Isles were a local authority.

Part II The Employment Medical Advisory Service

C594 C595 C28455 Functions of, and responsibility for maintaining, employment medical advisory service.

1

There shall continue to be an employment medical advisory service, which shall be maintained for the following purposes, that is to say—

a

securing that the Secretary of State, F108the Health and Safety Executive , F222. . . and others concerned with the health of employed persons or of persons seeking or training for employment can be kept informed of, and adequately advised on, matters of which they ought respectively to take cognisance concerning the safeguarding and improvement of the health of those persons;

b

giving to employed persons and persons seeking or training for employment information and advice on health in relation to employment and training for employment;

c

other purposes of the Secretary of State’s functions relating to employment.

2

The authority responsible for maintaining the said service shall be the Secretary of State; but if arrangements are made by the Secretary of State for that responsibility to be discharged on his behalf by F109the Health and Safety Executive or some other body, then, while those arrangements operate, the body so discharging that responsibility (and not the Secretary of State) shall be the authority responsible for maintaining that service.

3

The authority for the time being responsible for maintaining the said service may also for the purposes mentioned in subsection (1) above, and for the purpose of assisting employment medical advisers in the performance of their functions, investigate or assist in, arrange for or make payments in respect of the investigation of problems arising in connection with any such matters as are so mentioned or otherwise in connection with the functions of employment medical advisers, and for the purpose of investigating or assisting in the investigation of such problems may provide and maintain such laboratories and other services as appear to the authority to be requisite.

4

The authority for the time being responsible for maintaining the employment medical advisory service may pay—

a

to employment medical advisers such salaries or such fees and travelling or other allowances; and

b

to other persons called upon to give advice in connection with the execution of the authority’s functions under this Part such travelling or other allowances or compensation for loss of remunerative time; and

c

to persons attending for medical examinations conducted by, or in accordance with arrangements made by, employment medical advisers (including pathological, physiological and radiological tests and similar investigations so conducted) such travelling or subsistence allowances or such compensation for loss of earnings,

as the authority may, with the requisite approval, determine.

2

For the purposes of the preceding subsection the requisite approval is—

a

where the said authority is the Secretary of State, the approval of the Minister for the Civil Service;

b

otherwise, the approval of the Secretary of State given with the consent of that Minister.

3

Where an authority other than the Secretary of State is responsible for maintaining the said service, it shall be the duty of the Secretary of State to pay to that authority such sums as are approved by the Treasury and as he considers appropriate for the purpose of enabling the authority to discharge that responsibility.

C602 C603 C28859 Duty of responsible authority to keep accounts and to report.

1

It shall be the duty of the authority for the time being responsible for maintaining the employment medical advisory service—

a

to keep, in relation to the maintenance of that service, proper accounts and proper records in relation to the accounts;

b

to prepare in respect of each accounting year a statement of accounts relating to the maintenance of that service in such form as the Secretary of State may direct with the approval of the Treasury; and

c

to send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of November next following the accounting year to which the statement relates.

2

The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of subsection (1) above and shall lay copies of each statement and of his report before each House of Parliament.

3

It shall also be the duty of the authority responsible for maintaining the employment medical advisory service to make to the Secretary of State, as soon as possible after the end of each accounting year, a report on the discharge of its responsibilites in relation to that service during that year; and the Secretary of State shall lay before each House of Parliament a copy of each report made to him in pursuance of this subsection.

4

Where as a result of arrangements made in pursuance of section 55(2) the authority responsible for maintaining the employment medical advisory service changes, the change shall not affect any duty imposed by this section on the body which was responsible for maintaining that service before the change.

5

No duty imposed on the authority for the time being responsible for maintaining the employment medical advisory service by subsection (1) or (3) above shall fall on F112the Executive(which is subject to corresponding duties under Schedule 2) or on the Secretary of State.

6

In this section “accounting year” means, except so far as the Secretary of State otherwise directs, the period of twelve months ending with 31st March in any year.

60 Supplementary.

C6041

It shall be the duty of the Secretary of State to secure that each F224Primary Care Trust andF225F58Local Health Board arranges for a fully registered medical practitioner F226who holds a licence to practise to furnish, on the application of an employment medical adviser, such particulars of the school medical record of a person who has not attained the age of eighteen and such other information relating to his medical history as the adviser may reasonably require for the efficient performance of his functions; but no particulars or information about any person which may be furnished to an adviser in pursuance of this subsection shall (without the consent of that person) be disclosed by the adviser otherwise than for the efficient performance of his functions.

2

In its application to Scotland the preceding subsection shall have effect with the substitution of the words “every Health Board arrange for one of their” for the words from “each” to “its”.

F2273

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

References to the chief employment medical adviser or a deputy chief employment medical adviser in any provision of an enactment or instrument made under an enactment shall be read as references to a person appointed for the purposes of that provision by the authority responsible for maintaining the employment medical advisory service.

5

The following provisions of the M19Employment Medical Advisory Service Act 1972 (which are superseded by the preceding provisions of this Part or rendered unnecessary by provisions contained in Part I), namely sections 1 and 6 and Schedule 1, shall cease to have effect; but—

a

in so far as anything done under or by virtue of the said section 1 or Schedule 1 could have been done under or by virtue of a corresponding provision of Part I or this Part, it shall not be invalidated by the repeal of that section and Schedule by this Act but shall have effect as if done under or by virtue of that corresponding provision; and

b

any order made under the said section 6 which is in force immediately before the repeal of that section by this Act shall remain in force notwithstanding that repeal, but may be revoked or varied by regulations under section 43(2) or 57, as if it were an instrument containing regulations made under section 43(2) or 57, as the case may require.

6

Where any Act (whether passed before, or in the same Session as, this Act) or any document refers, either expressly or by implication, to or to any enactment contained in any of the provisions of the said Act of 1972 which are mentioned in the preceding subsection, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.

7

Nothing in subsection (5) or (6) above shall be taken as prejudicing the operation of F228sections 16(1) and 17(2)(a) of the M20Interpretation Act 1978 (which relates to the effect of repeals).

Part IIIM21Building Regulations, and Amendment of Building (Scotland) Act 1959

Annotations:

Marginal Citations

M21

1959 c. 24.

F22961. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63 Miscellaneous provisions as to the approval of plans.

F2301

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2315

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70 Power to make building regulations for Inner London.

F2331

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2342

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23571. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75 Amendment of Building (Scotland) Act 1959.

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23676. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E17Part IV Miscellaneous and General

Annotations:

Extent Information

E17

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

X177 Amendment of Radiological Protection Act 1970.

F341

Section 1 of the Radiological Protection Act 1970 (establishment and functions of the National Radiological Protection Board) shall be amended in accordance with the following provisions of this subsection—

a

~~after subsection (6) there shall be inserted as subsection (6A)—~~

6A
In carrying out such of their functions as relate to matters to which functions of the Health and Safety Commission relate, the Board shall (without prejudice to subsection (7) below) act in consultation with the Commission and have regard to the Commission’s policies with respect to such matters.

b

~~after subsection (7) there shall be inserted as subsections (7A) and (7B)—~~

7A
Without prejudice to subsection (6) or (7) above, it shall be the duty of the Board, if so directed by the Health Ministers, to enter into an agreement with the Health and Safety Commission for the Board to carry out on behalf of the Commission such of the Commission’s functions relating to ionising or other radiations (including those which are not electo-magnetic) as may be determined by or in accordance with the direction ; and the Board shall have the power to carry out any agreement entered into in pursuance of a direction under this subsection.
7B
~~The requirement as to consultation in subsection (7) above shall not apply to a direction under subsection (7A).~~

c

~~in subsection (8), after the words “subsection (7)” there shall be inserted the words~~ ~~“ or (7A) ”~~.

2

~~In section 2(6) of the Radiological Protection Act 1970 (persons by whom, as regards premises occupied by the said Board, sections 1 to 51 of the~~ M22Offices, Shops and Railway Premises Act 1963 and regulations thereunder are enforceable) for the words from “inspectors appointed” to the end of the subsection there shall be substituted the words ~~“ inpectors appointed by the Health and Safety Executive under section 19 of the Health and Safety at Work etc. Act 1974. ”~~

78 Amendment of Fire Precautions Act 1971.

X2F471

~~The~~ M23~~Fire Precautions Act 1971 shall be amended in accordance with the following provisions of this section.~~

X22

~~In section 1(2) (power to designate uses of premises for which fire certificate is compulsory) at the end there shall be inserted as paragraph (f)—~~

f
~~use of place of work.~~

F2373

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F2384

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

X25

~~In section 12(1) (power to make regulations about fire precautions as regards certain premises), at the end there shall be added the words~~ “ and nothing in this section shall confer on the Secretary of State power to make provision with respect to the taking or observance of special precautions in connection with the carrying on of any manufacturing process ”.

X26

~~In section 17 (duty of fire authorities to consult other authorities before requiring alterations to buildings)—~~

a

in subsection (1), the word “and” shall be omitted where last occurring in paragraph (i) and shall be added at the end of paragraph (ii), and after paragraph (ii) there shall be added as paragraph (iii)—

~~iii~~
~~if the premises are used as a place of work and are within the field of responsibility of one or more enforcing authorities within the meaning of Part I of the Health and Safety at Work~~ ~~etc.~~ ~~Act 1974, consult that authority or each of those authorities.~~

b

~~in subsection (2) (clarification of references in section 9 to persons aggrieved), for the words “or buildings authority” there shall be substituted the words~~ ~~“ buildings authority or other authority ”~~;

c

~~after subsection (2) there shall be added as subsection (3)—~~

3
~~Section 18(7) of the Health and Safety at Work~~ ~~etc.~~ Act 1974 (meaning in Part I of that Act of “enforcing authority” and of such an authority’s “field of respeonsibility”) shall apply for the purposes of this section as it applies for the purposes of that Part.

X27

~~In section 18 (enforcement of Act)—~~

a

~~for the word “it” there shall be substituted the words~~ ~~“ (1) Subject to subsection (2) below, it ”~~;

b

~~for the word “section” there shall be substituted the word~~ ~~“ subsection ”; and~~

c

~~F46after the word “offence” there shall be added as subsection (2)—~~

2
A fire authority shall have power to arrange with the Health and Safety Commission for such of the authority’s functions under this Act as may be specified in the arrangements to be performed on their behalf by the Health and Safety Executive (with or without payment) in relation to any particular premises so specified which are used as a place of work.

X28

~~In section 40 (application to Crown~~ ~~etc.~~)—

a

~~in subsection (1)(a) (provisions which apply to premises owned, but not occupied by the Crown), after the word “6” there shall be inserted the words~~ ~~“ , 9A (except subsection (4)) ”~~;

b

~~in subsection (1)(~~b~~) (provisions which apply to premises owned, but not occupied by the Crown), after the word “8” there shall be inserted the word~~ ~~“ 9A ”~~;

c

~~in subsection (10) (application of Act to hospital premises in Scotland), for the words from “Regional” to “hospitals” there shall be substituted the words~~ ~~“ Health Board ”~~;

F239d

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

X29

~~In section 43(1) (interpretation) there shall be added at the end the following definition—~~

“~~work” has the same meaning as it has for the purposes of Part I of the Health and Safety at Work~~ ~~etc.~~ ~~Act 1974~~

10

~~Schedule 8 (transitional provisions with respect to fire certificates under the~~ M24~~Factories Act 1961 or the~~ M25~~Offices, Shops and Railway Premises Act 1963) shall have effect.~~

F24079. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C605 C606 C607 C608 C28980 General power to repeal or modify Acts and instruments.

C609 C610 C611 C612 C225 C226 C2271

Regulations made under this subsection may repeal or modify any provision to which this subsection applies if it appears to the authority making the regulations that the repeal or, as the case may be, the modification of that provision is expedient in consequence of or in connection with any provision made by or under Part I.

2

Subsection (1) above applies to any provision, not being among the relevant statutory provisions, which—

a

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.

F24583. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84 Extent, and application of Act.

1

This Act, except—

a

Part I and this Part so far as may be necessary to enable regulations under section 15 F246or 30 to be made and operate for the purpose mentioned in paragraph 2 of Schedule 3; and

b

paragraphs F247. . . 3 of Schedule 9,

does not extend to Northern Ireland.

2

Part III, except section 75 and Schedule 7, does not extend to Scotland.

3

Her Majesty may by Order in Council provide that the provisions of Parts I and II and this Part shall, to such extent and for such purposes as may be specified in the Order, apply (with or without modification) to or in relation to persons, premises, work, articles, substances and other matters (of whatever kind) outside Great Britain as those provisions apply within Great Britain or within a part of Great Britain so specified.

For the purposes of this subsection “premises”, “work” and “substance” have the same meanings as they have for the purposes of Part I.

4

An Order in Council under subsection (3) above—

a

may make different provision for different circumstances or cases;

b

may (notwithstanding that this may affect individuals or bodies corporate outside the United Kingdom) provide for any of the provisions mentioned in that subsection, as applied by such an Order, to apply to individuals whether or not they are British subjects and to bodies corporate whether or not they are incorporated under the law of any part of the United Kingdom;

c

may make provision for conferring jurisdiction on any court or class of courts specified in the Order with respect to offences under Part I committed outside Great Britain or with respect to causes of action arising by virtue of section 47(2) in respect of acts or omissions taking place outside Great Britain, and for the determination, in accordance with the law in force in such part of Great Britain as may be specified in the Order, of questions arising out of such acts or omissions;

d

may exclude from the operation of section 3 of the M29Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under any provision of Part I committed outside Great Britain;

e

may be varied or revoked by a subsequent Order in Council under this section;

and any such Order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F2485

In relation to proceedings for an offence under Part I committed outside Great Britain by virtue of an Order in Council under subsection (3) above, section 38 shall have effect as if the words “by an inspector, or” were omitted.

6

Any jurisdiction conferred on any court under this section shall be without prejudice to any jurisdiction exercisable apart from this section by that or any other court.

85 Short title and commencement.

1

This Act may be cited as the Health and Safety at Work etc. Act 1974.

C6162

This Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed under this subsection for different purposes.

3

An order under this section may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provision of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).

SCHEDULES

C617SCHEDULE 1 Existing Enactments which are Relevant Statutory Provisions

Sections 1 and 53.

Annotations:

Amendments (Textual)

F40

Sch. 1: "reference to the Anthrax Prevention Act 1919" repealed (6.4.2005) by The Anthrax Prevention Order 1971 etc. (Revocation) Regulations 2005 (S.I. 2005/228), art. 2(2)

F41

Sch. 1: entry repealed (26.4.2005) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), reg. 28(1)(2), Sch. 5 para. 14, Sch. 6 Pt. 1

F42

Sch. 1: entry repealed (26.4.2005) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), reg. 28(1)(2), Sch. 5 para. 14, Sch. 6 Pt. 1

F43

Sch. 1: entry repealed (26.4.2005) by The Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), reg. 28(1)(2), Sch. 5 para. 14, Sch. 6 Pt. 1

F249

Entry inserted by Sex Discrimination Act 1975 (c. 65), Sch. 5 para. 3 and repealed by Sex Discrimination Act 1986 (c. 59, SIF 106:1), s. 9(2), Sch. Pt. III

F250

Word substituted by Atomic Energy Act 1989 (c. 7, SIF 8), s. 6(3)

Modifications etc. (not altering text)

C617

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

Chapter	Short title	Provisions which are relevant statutory provisions
1875 c. 17.	The Explosives Act 1875.	The whole Act except sections 30 to 32, 80 and 116 to 121.
1882 c. 22.	The Boiler Explosions Act 1882.	The whole Act.
1890 c. 35.	The Boiler Explosions Act 1890.	The whole Act.
1906 c. 14.	The Alkali, &c. Works Regulation Act 1906.	The whole Act.
1909 c. 43.	The Revenue Act 1909.	Section 11.
F40. . .	F40. . .	F40. . .
1920 c. 65.	The Employment of Women, Young Persons and Children Act 1920.	The whole Act.
1922 c. 35.	The Celluloid and Cinematograph Film Act 1922.	The whole Act.
F41. . .	F41. . .	F41. . .
1926 c. 43.	The Public Health (Smoke Abatement) Act 1926.	The whole Act.
1928 c. 32.	The Petroleum (Consolidation) Act 1928.	The whole Act.
1936 c. 22.	The Hours of Employment (Conventions) Act 1936.	The whole Act except section 5.
1936 c. 27.	The Petroleum (Transfer of Licences) Act 1936.	The whole Act.
1937 c. 45.	The Hydrogen Cyanide (Fumigation) Act 1937.	The whole Act.
1945 c. 19.	The Ministry of Fuel and Power Act 1945.	Section 1(1) so far as it relates to maintaining and improving the safety, health and welfare of persons employed in or about mines and quarries in Great Britain.
1946 c. 59.	The Coal Industry Nationalisation Act 1946.	Section 42(1) and (2).
1948 c. 37.	The Radioactive Substances Act 1948.	Section 5(1)(a).
1951 c. 21.	The Alkali, &c. Works Regulation (Scotland) Act 1951.	The whole Act.
F42. . .	F42. . .	F42. . .
1952 c. 60.	The Agriculture (Poisonous Substances) Act 1952.	The whole Act.
F43. . .	F43. . .	F43. . .
. . . F249	. . . F249	. . . F249
1954 c. 70.	The Mines and Quarries Act 1954.	The whole Act except section 151.
1956 c. 49.	The Agriculture (Safety, Health and Welfare Provisions) Act 1956.	The whole Act.
1961 c. 34.	The Factories Act 1961.	The whole Act except section 135.
1961 c. 64.	The Public Health Act 1961.	Section 73.
1962 c. 58.	The Pipe-lines Act 1962.	Sections 20 to 26, 33, 34 and 42, Schedule 5.
1963 c. 41.	The Offices, Shops and Railway Premises Act 1963.	The whole Act.
1965 c. 57.	The Nuclear Installations Act 1965.	Sections 1, 3 to 6, 22 and F25024A, Schedule 2.
1969 c. 10.	The Mines and Quarries (Tips) Act 1969.	Sections 1 to 10.
1971 c. 20.	The Mines Management Act 1971.	The whole Act.
1972 c. 28.	The Employment Medical Advisory Service Act 1972.	The whole Act except sections 1 and 6 and Schedule 1.

F113SCHEDULE 2Additional Provisions Relating to the Constitution etc. of the Health and Safety Executive

Annotations:

Amendments (Textual)

F113

Sch. 2 substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 20, Sch. 1 (with art. 21, Sch. 2)

The Health and Safety Executive

Section 10

1

The Executive shall consist of—

a

the Chair of the Executive, and

b

at least seven and no more than eleven other members (referred to in this Schedule as “members”).

2

1

The Secretary of State shall appoint the Chair of the Executive.

2

The Secretary of State shall appoint the other members of the Executive according to sub-paragraph (3).

3

The Secretary of State—

a

shall appoint three members after consulting such organisations representing employers as he considers appropriate;

b

shall appoint three members after consulting such organisations representing employees as he considers appropriate;

c

shall appoint one member after consulting such organisations representing local authorities as he considers appropriate; and

d

may appoint up to four other members after consulting, as he considers appropriate—

i

the Scottish Ministers,

ii

the Welsh Ministers, or

iii

such organisations as he considers appropriate, including professional bodies, whose activities are concerned with matters relating to the general purposes of this Part.

4

Service as the Chair or as another member of the Executive is not service in the civil service of the State.

5

The Secretary of State, with the approval of the Chair, may appoint one of the other members appointed under sub-paragraph (2) to be the deputy chair of the Executive.

Terms of Appointment of the Executive

3

Subject to paragraphs 4 and 5, a person shall hold and vacate office as the Chair or as another member according to the terms of the instrument appointing him to that office.

4

The Chair or any other member of the Executive may at any time resign his office by giving notice in writing to the Secretary of State.

5

The Secretary of State may remove a Chair or other member who—

a

has been absent from meetings of the Executive for a period longer than six months without the permission of the Executive;

b

has become bankrupt or has made an arrangement with his creditors;

c

in Scotland, has had his estate sequestrated or has made a trust deed for creditors or a composition contract;

d

has become incapacitated by physical or mental illness; or

e

is otherwise, in the opinion of the Secretary of State, unable or unfit to carry out his functions.

Remuneration of Members

6

1

The Executive shall pay to each member such remuneration and such travelling and other allowances as may be determined by the Secretary of State.

2

The Executive shall pay to, or in respect of, any member, such sums by way of pension, superannuation allowances and gratuities as the Secretary of State may determine.

3

Where a person ceases to be a member otherwise than on the expiry of his term of office, and the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Executive shall pay to him such amount by way of compensation as the Secretary of State may determine.

Proceedings of the Executive

7

4

The Executive shall not authorise any person to legislate by subordinate instrument.

5

The Executive shall publish any authorisations which it makes under this paragraph.

Accounts and Reports

10

1

It shall be the duty of the Chief Executive—

a

to keep proper accounts and proper records in relation to the accounts;

b

to prepare in respect of each accounting year a statement of accounts in such form as the Secretary of State may direct with the approval of the Treasury; and

c

to send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of November next following the accounting year to which the statement relates.

2

The Comptroller and the Auditor General shall examine, certify and report on each statement referred to in sub-paragraph (1)(c) and shall lay copies of each statement and his report before each House of Parliament.

3

As soon as possible after the end of the accounting year, the Executive shall make to the Secretary of State a report on the performance of the Executive's functions during the year.

4

The Secretary of State shall lay the report referred to in sub-paragraph (3) before each House of Parliament.

5

In this paragraph, “accounting year” means the period of 12 months ending with 31st March in any year; but the first accounting year of the Executive shall, if the Secretary of State so directs, be of such other period not exceeding 2 years as may be specified in the direction.

Supplemental

11

The Secretary of State shall not make any determination or give his consent under paragraph 6 or 8 of this Schedule except with the approval of the Minister for the Civil Service.

12

1

The fixing of the common seal of the Executive shall be authenticated by the signature of the Chair or some other person authorised by the Executive to act for that purpose.

2

A document purporting to be duly executed under the seal of the Executive shall be received in evidence and shall be deemed to be so executed unless the contrary is proved.

3

This paragraph does not apply to Scotland.

SCHEDULE 3 Subject-Matter of Health and Safety Regulations

Section 15.

1

Regulating or prohibiting—

a

the manufacture, supply or use of any plant;

b

the manufacture, supply, keeping or use of any substance;

c

the carrying on of any process or the carrying out of any operation.

2

Imposing requirements with respect to the design, construction, guarding, siting, installation, commissioning, examination, repair, maintenance, alteration, adjustment, dismantling, testing or inspection of any plant.

3

5

Requiring any person, premises or thing to be registered in any specified circumstances or as a condition of the carrying on of any specified activity or the doing of any specified thing.

6

1

Requiring, in specified circumstances, the appointment (whether in a specified capacity or not) of persons (or persons with specified qualifications or experience, or both) to perform specified functions, and imposing duties or conferring powers on persons appointed (whether in pursuance of the regulations or not) to perform specified functions.

2

Restricting the performance of specified functions to persons possessing specified qualifications or experience.

7

Regulating or prohibiting the employment in specified circumstances of all persons or any class of persons.

8

1

Requiring the making of arrangements for securing the health of persons at work or other persons, including arrangements for medical examinations and health surveys.

2

Requiring the making of arrangements for monitoring the atmospheric or other conditions in which persons work.

9

Imposing requirements with respect to any matter affecting the conditions in which persons work, including in particular such matters as the structural condition and stability of premises, the means of access to and egress from premises, cleanliness, temperature, lighting, ventilation, overcrowding, noise, vibrations, ionising and other radiations, dust and fumes.

10

Securing the provision of specified welfare facilities for persons at work, including in particular such things as an adequate water supply, sanitary conveniences, washing and bathing facilities, ambulance and first-aid arrangements, cloakroom accommodation, sitting facilities and refreshment facilities.

11

Imposing requirements with respect to the provision and use in specified circumstances of protective clothing or equipment, including clothing affording protection against the weather.

12

Requiring in specified circumstances the taking of specified precautions in connection with the risk of fire.

13

1

Prohibiting or imposing requirements in connection with the emission into the atmosphere of any specified gas, smoke or dust or any other specified substance whatsoever.

2

Prohibiting or imposing requirements in connection with the emission of noise, vibrations or any ionising or other radiations.

3

Imposing requirements with respect to the monitoring of any such emission as is mentioned in the preceding sub-paragraphs.

14

Imposing requirements with respect to the instruction, training and supervision of persons at work.

15

1

Requiring in specified circumstances, specified matters to be notified in a specified manner to specified persons.

2

Empowering inspectors in specified circumstances to require persons to submit written particulars of measures proposed to be taken to achieve compliance with any of the relevant statutory provisions.

16

Imposing requirements with respect to the keeping and preservation of records and other documents, including plans and maps.

17

Imposing requirements with respect to the management of animals.

18

The following purposes as regards premises of any specified description where persons work, namely—

a

requiring precautions to be taken against dangers to which the premises or persons therein are or may be exposed by reason of conditions (including natural conditions) existing in the vicinity;

b

securing that persons in the premises leave them in specified circumstances.

19

Conferring, in specified circumstances involving a risk of fire or explosion, power to search a person or any article which a person has with him for the purpose of ascertaining whether he has in his possession any article of a specified kind likely in those circumstances to cause a fire or explosion, and power to seize and dispose of any article of that kind found on such a search.

20

Restricting, prohibiting or requiring the doing of any specified thing where any accident or other occurrence of a specified kind has occurred.

21

As regards cases of any specified class, being a class such that the variety in the circumstances of particular cases within it calls for the making of special provision for particular cases, any of the following purposes, namely—

a

conferring on employers or other persons power to make rules or give directions with respect to matters affecting health or safety;

b

requiring employers or other persons to make rules with respect to any such matters;

c

empowering specified persons to require employers or other persons either to make rules with respect to any such matters or to modify any such rules previously made by virtue of this paragraph; and

d

making admissible in evidence without further proof, in such circumstances and subject to such conditions as may be specified, documents which purport to be copies of rules or rules of any specified class made under this paragraph.

22

Conferring on any local or public authority power to make byelaws with respect to any specified matter, specifying the authority or person by whom any byelaws made in the exercise of that power need to be confirmed, and generally providing for the procedure to be followed in connection with the making of any such byelaws.

Interpretation

23

1

In this Schedule “specified” means specified in health and safety regulations.

2

It is hereby declared that the mention in this Schedule of a purpose that falls within any more general purpose mentioned therein is without prejudice to the generality of the more general purpose.

F114SCHEDULE 3AOFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY

Annotations:

Amendments (Textual)

F114

Sch. 3A inserted (16.1.2009) by Health and Safety (Offences) Act 2008 (c. 20), ss. 1(2), 3(2), Sch. 1 (with s. 3(3))

1

The mode of trial and maximum penalty applicable to each offence listed in the first column of the following table are as set out opposite that offence in the subsequent columns of the table.

Offence	Mode of trial	Penalty on summary conviction	Penalty on conviction on indictment
An offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of sections 2 to 6.	Summarily or on indictment.	Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.	Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of section 7.	Summarily or on indictment.	Imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.	Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(b) consisting of a contravention of section 8.	Summarily or on indictment.	Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.	Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(b) consisting of a contravention of section 9.	Summarily or on indictment.	A fine not exceeding £20,000.	A fine.
An offence under section 33(1)(c).	Summarily or on indictment.	Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.	Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(d).	Summarily only.	A fine not exceeding level 5 on the standard scale.
An offence under section 33(1)(e), (f) or (g).	Summarily or on indictment.	Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.	Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(h).	Summarily only.	Imprisonment for a term not exceeding 51 weeks (in England and Wales) or 12 months (in Scotland), or a fine not exceeding level 5 on the standard scale, or both.
An offence under section 33(1)(i).	Summarily or on indictment.	A fine not exceeding the statutory maximum.	A fine.
An offence under section 33(1)(j).	Summarily or on indictment.	Imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.	Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(k), (l) or (m).	Summarily or on indictment.	Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.	Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(n).	Summarily only.	A fine not exceeding level 5 on the standard scale.
An offence under section 33(1)(o).	Summarily or on indictment.	Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.	Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under the existing statutory provisions for which no other penalty is specified.	Summarily or on indictment.	Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.	Imprisonment for a term not exceeding two years, or a fine, or both.

2

1

This paragraph makes transitional modifications of the table as it applies to England and Wales.

2

The text of ss. 75, 77, 78(1)–(3)(5)–(9), 83, Sch. 7, Sch. 9 para. 1, and Sch. 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Amendments (Textual)

Sch. 7 repealed (S.) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 58, Sch. 6 para. 9, S.S.I. 2004/404, arts. 2(1), 3, 4

1

In section 3 (building standards regulations)—

a

in subsection (2), after the words “health, safety” there shall be inserted the word “welfare”, and at the end there shall be added the words “and for furthering the conservation of fuel and power” ;

b

in subsection (3), there shall be added the words—

d
be framed to any extent by reference to a document published by or on behalf of the Secretary of State or any other person.

c

at the end of the section there shall be added the following subsection—

7
The Secretary of State may by order made by statutory instrument repeal or modify any enactment to which this subsection applies if it appears to him that the enactment is inconsistent with, or is unnecessary or requires alteration in consequence of, any provision contained in the building standards regulations.
This subsection applies to any enactment contained in any Act passed before or in the same Session as the Health and Safety at Work etc. Act 1974 other than an enactment contained in the Building (Scotland) Act 1959.

2

In section 4 (relaxation of building standards regulations)—

a

for subsection (5) there shall be substituted the following subsections—

5
A direction under subsection (1)(b) above—
a
shall, if it so provides, cease to have effect at the end of such period as may be specified in the direction ;
b
may be varied or revoked by a subsequent direction of the Secretary of State.
5A
If at any time a direction under subsection (1)(b) above ceases to have effect by virtue of subsection (5)(b) above, that fact shall not affect the continued operation of the direction (with any directions specified therein) in any case in which that time an application for a warrant in connection with the construction or change of the use of a building, part or all of which is of the class to which the direction relates, was, in accordance with the regulations made under section 2 of this Act, lodged with a buildings authority.

b

in subsections (6) and (7), after the words “subsection (1)(b)” there shall be inserted the words “or (5)(b)”;

c

after subsection (7) there shall be inserted the following subsection—

7A
A person making an application under subsection (1)(b) above shall pay to the Secretary of State such fee as may be prescribed ; and regulations made by virtue of this subsection may prescribe different fees for different cases :
Provided that the Secretary of State may in any particular case remit the whole or part of any fee payable by virtue of this susbection.

3

After subsection 4A, there shall be inserted the following section—

4B Power of Secretary of State to approve types of buildings, etc.
1
The following provisions of this section shall have effect with a view to enabling the Secretary of State, either on an application made to him in that behalf or of his own accord, to approve any particular type of building as conforming, either generally or in any class of case, to particular provisions of the building standards regulations.
2
An applicaction for the approval under this section of a type of building shall be made in the prescribed manner.
3
Where under subsection (1) above the Secretary of State approves a type of building as conforming to particular provisions of the building standards regulations either generally or in any class of case, he may issue a certificate to that effect specifiying—
a
the type of building to which the certificate relates ;
b
the provisions of the building standards regulations to which the certificate relates ; and
c
where applicable, the class or classes of case to which the certificate applies.
4>
A certficate under this section shall, if it so provides, cease to have effect at the end of such period as may be specified in the certificate.
5
If, while a certificate under this section is in force, it is found, in any particular case involving a building of the type to which the certificate relates, that the building in question is of that type and the case is one to which the certificate applies, that the building in that particular case be deemed to conform to the provisions of the building standards regulations to which the certificate relates.
6
The Secretary of State may from time to time vary a certificate under this section either on an application made to him in that behalf or of his own accord ; but in the case of certificate issued on an application made by a person under subsection (1) above, the Secretary of State, except where he varies it on the application of that person, shall before varying it give that person reasonable notice that he proposes to do so.
7
A person making an application under subsection (1) or (6) above shall pay to the Secretary of State such fee as may be prescribed ; and regulations made by virtue of this subsection may prescribe different fees for different cases :
Provided that the Secretary of State may in any particular case remit the whole or part of any fee payable by virtue of this susbection .
8
The Secretary of State may at any time revoke a certificate issued under this section, but before doing so shall give the person, if any, on whose application the certificate the issued reasonable notice that he proposes to do so.
9
Where the Secretary of State issues a certificate under this section or varies or revokes a certificate so issued, he shall publish notice of that fact in such manner as he thinks fit.
10
If at any time a certificate under this section ceases to have effect by virtue of subsection (4) above or is varied or revoked under the preceding provisions of this section, that fact shall not affect the continued operation of subsection (5) above by virtue of that certificate in any case in which before that time an application for a warrant in connection with the construction of a type of building to which the certificate relates was, in accordance with regulations made under section 2 of this Act, lodged with a building authority.
11
For the purposes of subsection (3) above or any variation of a certificate under subsection (6) above, a class of case may be framed in any way that the Secretary of State thinks fit.

4

In section 6 (application of building standards regulations and building operations regulations to construction or demolition, and to change of use, of buildings)—

a

after subsection (3) there shall be inserted the following subsection—

3A
Notwithstanding that a buildings authority are not satisfied that the information submitted to them with an application for a warrant for the construction of a building is sufficient in respect of such stage in the construction as may be prescribed to show that the building when constructed will not fail to conform to the building standards regulations, they may grant a warrant for the construction of the building but subject to the condition that work on such prescribed stage shall not be proceeded with until such further information relating to that stage as they may require is submitted to them and until they have made an amendment to the terms of the warrant authorising such work to proceed:
Provided that they shall, subject to subsection (8) of this section, make such an amendment on application being made therefor in the prescribed manner only if they are satisfied that nothing in the information submitted to them in respect of the prescribed stage shows that that stage when constructed will fail to conform to the building standards regulations.

b

in subsection (10), after the words “any such” there shall be inserted the words “prescribed stage as is mentioned in subsection (3A) of this section and any such”.

5

In section 9 (certificates of completion)—

a

in subsection (2), for the words “but only if, they are satisfied that” there shall be substituted the words “, so far as they are able to ascertain after taking all reasonable steps in that behalf,” ;

b

in subsection (3), for the words “be satisfied as mentioned in the last foregoing subsection” there shall be substituted the words “grant a certificate of completion” ;

c

after subsection (3) there shall be inserted the following subsection—

3A
In respect of so much of a building as consists of such an installation as may be prescribed, not being an electrical installation, a buildings authority shall not grant a certificate of completion unless there is produced to them a certificate granted by a person of such class as may be prescribed certifying that the installation complies with such of the said conditions as relate to it :
Provided that this subsection shall not apply in a case where it is shown to hte satisfaction of the buildings authority that for some reasonable cause such a certificate cannot be produced.

d

in subsection (4) for the words “the last foregoing subsection” there shall be substituted the words “subsection (3) or (3A) above”.

6

In section 11(1)(b) (power of local authorities to require buildings to conform to building standards regulations), after the words “health, safety” there shall be inserted the words “welfare”, and after the word “generally” there shall be inserted the words “and for furthering the conservation of fuel and power”.

7

In section 19 (penalties), for the words “ten pounds” and “one hundred pounds”, wherever they occur, there shall be substituted respectively the words “£50” and “£400”.

8

After section 19 there shall be inserted the following section—

19A Civil liability
1
Subject to the provisions of this section, a breach to which this section applies shall, so far as it causes damage, be actionable except in so far as may be otherwise prescribed ; and in any action brought by virtue of this subsection such defence as may be prescribed shall be available.
2
This section applies to the following breaches—
a
failure to comply with the terms or conditions of a warrant for the construction, demolition or change of use of a building or with any order under this Act realting to the construction of a building ;
b
contravention of any provision of the building operations regulations ;
c
construction a building without a warrant otherwise than in accordance with the building standards regulations ;
d
changing the use of a building without a warrant where after the change of use the building does not conform to so much of the building standards regulations as become applicable, or apply more onerously, to the building be reason of change of use.
3
Subsection (1) above and any defence provided for in regulations made by virtue thereof shall not apply in the case of a breach to which this section applies in connection with a building erected before the date on which that subsection comes into force unless the breach arises in relation to the change of use, extension, alteration, demolition, repair, maintenance or fitting of such a building.
4
Nothing in this section shall be construes as affecting the extent (if any) to which breach to which this subsection applies is actionable in a case to which subsection (1) above does not apply, or as prejudicing any right of action which exists apart from the provisions of this section.
5
In this section “damage” includes the death of, or injury to, any person (including any disease and any impairment of a person’s physical or mental condition).

9

In section 26 (Crown rights)—

a

in subsection (1) after the words “Crown and” there shall be inserted the words “subject to the provisions of this section” ;

b

after subsection (2) there shall be inserted the following subsection—

2A
The building standards regulations shall, except in so far as they otherwise prescribe, apply to a Crown building as they would apply if the building were not a Crown building.
2B
A Crown building to which the building standards regulations apply shall be constructed in accordance with those regulations.
2C
Any extension or alteration of a Crown building to which the building standards regulations apply or would apply on the extension or alteration of the building shall not cause the biulding as extended or altered, as a direct result of the extension or, as the case may be, the alteration—
a
if it conformed to the building standards regulations immediately before the date of commencement of the operations, to fail to conform to them ; or
b
if it failed to conform to the building standards regulations immediately before that date, to fail to conform to them to a greater degree than to which it failed to conform immediately before that date ;
and any change of use of a Crown building shall not cause the building after the change of use to fail to conform to so much of the building standards regulations as will become applicable, or will apply more onerously, to the building by reason of the change of use.
2D
Section 19A of this Act shall apply to a Crown building as it applies to a building other than a Crown building, but as for subsection (2) there were substituted the following subsection:—
2
A breach to which this section applies is a failure to comply with subsection (2B) or (2C) of section 26 of this Act or a contravention of any provision of the building operations regulations
2E
Without prejudice to any case to which proviso (a) to subsection (1) above is applicable, the Secretary of State shall have the like powers of dispensing with or relaxing the provisions of the building standards regulations in relation to a Crown building as he has under section 4(1) of this Act in relation to a building other than a Crown building ; and subsections (3), (4), (5), (5A) and (9) of the said section 4 shall apply for the purposes of this section as if—
a
in subsection (4), the words “or, as the case may be, the buildings authority” were omitted ;
b
in subsection (5A), for the words from “an application” to the end there were substituted the words “the construction or change of use of a building, part or all of which is of the class to which the direction relates, was begun” ;
c
in subsection (9), the words “or section 4A(3) of this Act” were omitted.
2F
Without prejudice to any case to which the said proviso is applicable, in the application of section 4B of this Act to a Crown building, subsection (10) shall have effect as if for the words from “an application” to the end there were substituted the words “the construction of a building, part or all of which is of the type to which the certificate relates, was begun”.

F48SCHEDULE 8 Transitional Provisions with respect to Fire Certificates under Factories Act 1961M30 or Offices, Shops and Railway Premises Act 1963M31

Section 78.

Annotations:

Amendments (Textual)

F48

Sch. 8 repealed (E.W.) (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 53(2), Sch. 4 (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2); and Sch. 8 repealed (S.) (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 2(2), Sch. 2

Marginal Citations

M30

1961 c. 34.

M31

1963 c. 41.

F491

~~In this Schedule—~~

“~~the 1971 Act” means the~~ M32~~Fire Precautions Act 1971;~~
“~~1971 Act certificate” means a fire certificate within the meaning of the 1971 Act;~~
“~~Factories Act certificate” means a certificate under section 40 of the~~ M33~~Factories Act 1961 (means of escape in case of fire-certification by fire authority);~~
“~~Offices Act certificate” means a fire certificate under section 29 of the~~ M34~~Offices, Shops and Railway Premises Act 1963.~~

F502

1

Where by virtue of an order under section 1 of the 1971 Act a 1971 Act certificate becomes required in respect of any premises at a time when there is in force in respect of those premises a Factories Act certificate or an Offices Act certificate (“the existing certificate”), the following provisions of this paragraph shall apply.

2

~~The existing certificate shall continue in force (irrespective of whether the section under which it was issued remains in force) and—~~

a

shall as from the said time be deemed to be a 1971 Act certificate validly issued with respect to the premises with respect to which it was issued and to cover the use or uses to which those premises were being put at that time; and

b

~~may (in particular) be amended, replaced or revoked in accordance with the 1971 Act accordingly.~~

(3) Without prejudice to sub-paragraph (2)(b) above, the existing certificate, as it has effect by virtue of sub-paragraph (2) above, shall as from the said time be treated as imposing in relation to the premises the like requirements as were previously imposed in relation thereto by the following provisions, that is to say—

a

if the existing certificate is a Factories Act certificate, the following provision of the Factories Act 1961, namely sections 41(1), 48 (except subsections (5), (8) and (9)), 49(1), 51(1) and 52(1) and (4) and, so far as it relates to a proposed increase in the number of persons employed in any premises, section 41(3);

b

if the existing certificate is an Offices Act certificate the following provisions of the Offices, Shops and Railway Premises Act 1963, namely section 30(1), 33, 34(1) and (2), 36(1) and 38(1) and, so far as it relates to a proposed increase in the number of persons employed to work in any premises at any one time, section 30(3).

F2553

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F256SCHEDULE 9

Annotations:

Amendments (Textual)

F256

Sch. 9 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XVI Group1.

The M35Coroners (Amendment) Act 1926

Annotations:

Marginal Citations

M35

1926 c. 59.

C618F2571

In section 1392)(c) of the Coroners (Amendment) Act 1926 (by virtue of which an inquest must be held with a jury in case of death from certain causes of which notice is required to be given to any inspector or other officer of a government department), after the words “of a government department” there shall be inserted the words “or to an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974,”.

2F258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3F259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F260SCHEDULE 10

Annotations:

Amendments (Textual)

F260

Sch. 10 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XVI Group1.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health and Safety at Work etc. Act 1974

C372C373C374C375C376C377C378C379C380C381C382C383C384C385E13C386C387C32C222C223Part I Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere

Preliminary

C388C389C2291 Preliminary.

1

a

b

C390c

F115d

C3912

C3923

4

General duties

C393C394C2302 General duties of employers to their employees.

C3951

C3952

a

b

c

d

e

C396C3953

C3974

F1175

6

7

C398C399C2313 General duties of employers and self-employed to persons other than their employees.

1

C400C401C402C4032

3

C404C405C2324 General duties of persons concerned with premises to persons other than their employees.

1

a

b

2

3

a

b

4

F119C406C407C2335 General duty of persons in control of certain premises in relation to harmful emissions into atmosphere.

1

2

3

4

F1215

6

a

b

7

C408C409C410C411C412C2346 General duties of manufacturers etc. as regards articles and substances for use at work.

F122C413C414C4151

a

b

c

d

C4141A

a

b

c

d

2

3

F1264

a

b

c

d

5

6

7

8

F1318A

a

b

C4169

a

b

F13310

C417C418C2357 General duties of employees at work.

a

C372 C373 C374 C375 C376 C377 C378 C379 C380 C381 C382 C383 C384 C385 E13 C386 C387 C32 C222 C223Part I Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere

C388 C389 C2291 Preliminary.

C393 C394 C2302 General duties of employers to their employees.

C396 C3953

C398 C399 C2313 General duties of employers and self-employed to persons other than their employees.

C400 C401 C402 C4032

C404 C405 C2324 General duties of persons concerned with premises to persons other than their employees.

F119 C406 C407 C2335 General duty of persons in control of certain premises in relation to harmful emissions into atmosphere.

C408 C409 C410 C411 C412 C2346 General duties of manufacturers etc. as regards articles and substances for use at work.

F122 C413 C414 C4151

C417 C418 C2357 General duties of employees at work.

C419 C420 C2368 Duty not to interfere with or misuse things provided pursuant to certain provisions.

C421 C422 C2379 Duty not to charge employees for things done or provided pursuant to certain specific requirements.

F60 C423 C424 C23810 Establishment of the Executive.

F61 C425 C426 C23911 Functions of the Executive.

F62 C427 C428 C24012 Control of the Executive by the Secretary of State.

F63 C429 C430 C38 C24113 Powers of the Executive.

E6 C431 C432 C224 C24214 Power of the Commission to direct investigations and inquiries.