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

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;

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; F1and

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

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

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;

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;

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;

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.

are not their employees; but

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,

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

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

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;

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.

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;

to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance of the duty imposed on him by the preceding paragraph;

to take such steps as are necessary to secure that persons supplied by that person with the article are provided with adequate information about the use for which the article is designed or has been tested and about any conditions necessary to ensure that it will be safe and without risks to health at all such times as are mentioned in paragraph (a) above and when it is being dismantled or disposed of; and

to take such steps as are necessary to secure, so far as is reasonably practicable, that persons so supplied are provided with all such revisions of information provided to them by virtue of the preceding paragraph as are necessary by reason of its becoming known that anything gives rise to a serious risk to health or safety.

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 used for or in connection with the entertainment of members of the public;

to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance of the duty imposed on him by the preceding paragraph;

to take such steps as are necessary to secure that persons supplied by that person with the article are provided with adequate information about the use for which the article is designed or has been tested and about any conditions necessary to ensure that it will be safe and without risks to health at all times when it is being used for or in connection with the entertainment of members of the public; and

to take such steps as are necessary to secure, so far as is reasonably practicable, that persons so supplied are provided with all such revisions of information provided to them by virtue of the preceding paragraph as are necessary by reason of its becoming known that anything gives rise to a serious risk to health or safety.

to ensure, so far as is reasonably practicable, that the substance will be safe and without risks to health at all times when it is being used, handled, processed, stored or transported by a person at work or in premises to which section 4 above applies;

to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance of the duty imposed on him by the preceding paragraph

to take such steps as are necessary to secure that persons supplied by that person with the substance are provided with adequate information about any risks to health or safety to which the inherent properties of the substance may give rise, about the results of any relevant tests which have been carried out on or in connection with the substance and about any conditions necessary to ensure that the substance will be safe and without risks to health at all such times as are mentioned in paragraph (a) above and when the substance is being disposed of; and

to take such steps as are necessary to secure, so far as is reasonably practicable, that persons so supplied are provided with all such revisions of information provided to them by virtue of the preceding paragraph as are necessary by reason of its becoming known that anything gives rise to a serious risk to health or safety.

in the case of an article designed 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 designed the article; or

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.

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

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”),

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

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.

assist and encourage persons concerned with matters relevant to those purposes to further those purposes;

make such arrangements as it considers appropriate for the carrying out of research and the publication of the results of research and the provision of training and information, and encourage research and the provision of training and information by others;

references to the general purposes of this Part do not include references to the railway safety purposes; and

the reference to the making of regulations under the relevant statutory provisions does not include a reference so far as the regulations are made for the railway safety purposes.

to submit to the Secretary of State from time to time particulars of what it proposes to do for the purpose of performing of its functions;

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

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

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

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.

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

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

includes directions modifying the Executive's functions, but

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).

in the case of a Minister of the Crown, include functions not conferred by an enactment;

shall be functions which the Secretary of State considers can be appropriately performed by the Executive; and

do not include any power to make regulations or other instruments of a legislative character.

travelling and subsistence allowances, and

compensation for loss of remunerative time.

carry out, arrange for, or make payments for the carrying out of, research into any matter connected with its functions, and

disseminate or arrange for or make payments for the dissemination of information derived from this research.

those general purposes shall be treated as not including the railway safety purposes; but

it is otherwise 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.

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

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

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

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;

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

in the case of an investigation and special report made by virtue of F30subsection (2) above (otherwise than by an officer or servant of the Executive), may pay to the person making it such remuneration and expenses as the Secretary of State may, with the approval of the Minister for the Civil Service, determine;

in the case of an inquiry held by virtue of F31subsection (2A) above, may pay to the person holding it and to any assessor appointed to assist him such remuneration and expenses, and to persons attending the inquiry as witnesses such expenses, as the Secretary of State may, with the like approval, determine; and

may, to such extent as the Secretary of State may determine, defray the other costs, if any, of any such investigation and special report or inquiry.

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

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

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

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;

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

in the case of an investigation and special report made by virtue of F30subsection (2) above (otherwise than by an officer or servant of the Executive), may pay to the person making it such remuneration and expenses as the Secretary of State may, with the approval of the Minister for the Civil Service, determine;

in the case of an inquiry held by virtue of F31subsection (2A) above, may pay to the person holding it and to any assessor appointed to assist him such remuneration and expenses, and to persons attending the inquiry as witnesses such expenses, as the Secretary of State may, with the like approval, determine; and

may, to such extent as the Secretary of State may determine, defray the other costs, if any, of any such investigation and special report or inquiry.

may repeal or modify any of the existing statutory provisions;

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

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

may impose requirements by reference to the approval of F36the Executive or any other specified body or person;

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

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

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

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

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

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

may restrict the punishments F37(other than the maximum fine on conviction on indictment) which can be imposed in respect of any such offence as is mentioned in paragraph (c) above.

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

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

approve such codes of practice issued or proposed to be issued otherwise than by F39the Executive as in its opinion are suitable for that purpose.

sections 2 to 7 above;

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

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

any government department or other body that appears to F39the Executive to be appropriate (and, in particular, in the case of a code relating to electromagnetic radiations, F41the Health Protection Agency); and

such government departments and other bodies, if any, as in relation to any matter dealt with in the code, F39the Executive is required to consult under this section by virtue of directions given to it by the Secretary of State.

identifying the code in question and stating the date on which its approval by F39the Executive is to take effect; and

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

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

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;

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

approve such codes of practice issued or proposed to be issued otherwise than by F39the Executive as in its opinion are suitable for that purpose.

any government department or other body that appears to F39the Executive to be appropriate (and, in particular, in the case of a code relating to electromagnetic radiations, F41the Health Protection Agency); and

such government departments and other bodies, if any, as in relation to any matter dealt with in the code, F39the Executive is required to consult under this section by virtue of directions given to it by the Secretary of State.

identifying the code in question and stating the date on which its approval by F39the Executive is to take effect; and

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

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

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;

a document purporting to be a notice issued by F44the Executive under section 16 shall be taken to be such a notice unless the contrary is proved; and

a code of practice which appears to the court to be the subject of such a notice shall be taken to be the subject of that notice unless the contrary is proved.

make local authorities responsible for the enforcement of the relevant statutory provisions to such extent as may be prescribed;

to make adequate arrangements for the enforcement within their area of the relevant statutory provisions to the extent that they are by any of those provisions or by regulations under subsection (2) above made responsible for their enforcement; and

to perform the duty imposed on them by the preceding paragraph and any other functions conferred on them by any of the relevant statutory provisions in accordance with such guidance as F46the Executive may give them.

to work together to establish best practice and consistency in the enforcement of the relevant statutory provisions;

to enter into arrangements with each other for securing cooperation and the exchange of information in connection with the carrying out of their functions with regard to the relevant statutory provisions; and

from time to time to review those arrangements and to revise them when they consider it appropriate to do so.

to make adequate arrangements for the enforcement of those provisions to that extent; and

F49except where that authority is the Office of Rail Regulation,to perform the duty imposed on the authority by the preceding paragraph and any other functions conferred on the authority by any of the relevant statutory provisions in accordance with such guidance as F50the Executive may give to the authority.

“enforcing authority” means the Executive or any other authority which is by any of the relevant statutory provisions or by regulations under subsection (2) above made responsible for the enforcement of any of those provisions to any extent; and

any reference to an enforcing authority’s field of responsibility is a reference to the field over which that authority’s responsibility for the enforcement of those provisions extends for the time being;

be entitled to exercise only such of those powers as are so specified; and

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

at any reasonable time (or, in a situation which in his opinion is or may be dangerous, at any time) to enter any premises which he has reason to believe it is necessary for him to enter for the purpose mentioned in subsection (1) above;

to take with him a constable if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;

to make such examination and investigation as may in any circumstances be necessary for the purpose mentioned in subsection (1) above;

as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (d) above;

to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (d) above;

to take samples of any articles or substances found in any premises which he has power to enter, and of the atmosphere in or in the vicinity of any such premises;

in the case of any article or substance found in any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause danger to health or safety, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is in the circumstances necessary for the purpose mentioned in subsection (1) above);

to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (d) above to answer (in the absence of persons other than a person nominated by him to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;

to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him by this section;

any other power which is necessary for the purpose mentioned in subsection (1) above.

state that the inspector is of the said opinion;

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

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

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.

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

if the notice so declares, immediately.

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

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.

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;

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.

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

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.

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

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

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

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.

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

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.

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

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

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

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.

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);

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.

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

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.

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

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

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;

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).

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

any substance,

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

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

any information which F62the Executive needs for the discharge of its functions; or

any information which an enforcing authority needs for the discharge of the authority’s functions,

the disclosure by a Minister of the Crown to F63. . . the Executive of information obtained under that Act about any undertaking within the meaning of that Act, being information consisting of the names and address of the persons carrying on the undertaking, the nature of the undertaking’s activities, the numbers of persons of different descriptions who work in the undertaking, the addresses or places where activities of the undertaking are or were carried on, the nature of the activities carried on there, or the numbers of person of different descriptions who work or worked in the undertaking there; F64. . .

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

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

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

an adviser appointed under section 13(7).

“relevant information” means information obtained by a person under section 27(1) or furnished to any person F91under section 27A above F74, by virtue of section 43A(6) belowor in pursuance of a requirement imposed by any of the relevant statutory provisions; and

“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.

disclosure of information to F75. . . the Executive, F92 the Environment Agency, the Scottish Environment Protection Agency, a government department or any enforcing authority;

without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions;

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

disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of F77section 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 F77section 14(2) or (2A).

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

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

an adviser appointed under section 13(7).

in a case falling within paragraph (a) of that subsection, a purpose F81. . . of the Executive or F99of the Environment Agency or of the Scottish Environment Protection Agency orof 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;

in the case of information given to an officer of a F100body which is a local authority, F101. . . 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;

in the case of information given to a constable, the purposes of the police in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the safety of the State.

for the purposes of his functions; or

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); or

with the relevant consent.

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

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;

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, and

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

“relevant information” means information obtained by a person under section 27(1) or furnished to any person F106under section 27A above F74, by virtue of section 43A(6) below or in pursuance of a requirement imposed by any of the relevant statutory provisions; and

“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.

disclosure of information to F75. . . the Executive, F107the Environment Agency, the Scottish Environment Protection Agency, a government department or any enforcing authority;

without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions;

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

disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of F77section 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 F77section 14(2) or (2A).

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

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

an adviser appointed under section 13(7).

in a case falling within paragraph (a) of that subsection, a purpose F81. . . of the Executive or F114 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;

F115in the case of information given to an officer of a body which is a local authority, a water undertaker, F116or a sewerage undertaker or to an officer of Scottish Water, the purposes of the body F117authority, 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;

in the case of information given to a constable, the purposes of the police in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the safety of the State.

for the purposes of his functions; or

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); or

with the relevant consent.

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

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;

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, and

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

“relevant information” means information obtained by a person under section 27(1) or furnished to any person F73under section 27A above F74, by virtue of section 43A(6) belowor in pursuance of a requirement imposed by any of the relevant statutory provisions; and

“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.

disclosure of information to F75. . . the Executive, a government department or any enforcing authority;

without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions;

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

disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of F77section 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 F77section 14(2) or (2A).

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

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

an adviser appointed under section 13(7).

in a case falling within paragraph (a) of that subsection, a purpose F81. . . 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;

in the case of information given to an officer of a F82body 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;

in the case of information given to a constable, the purposes of the police in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the safety of the State.

for the purposes of his functions; or

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); or

with the relevant consent.

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

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;

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, and

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

provision for that purpose shall not be made with respect to that matter by agricultural health and safety regulations so as to have effect while the first-mentioned provision is in force except for the purpose of imposing requirements additional to those imposed by health and safety regulations, being additional requirements which in the opinion of the authority making the agricultural health and safety regulations are necessary or expedient in the special circumstances of agricultural operations; and

in the event of any inconsistency between the first-mentioned provision and any provision made with respect to that matter by agricultural health and safety regulations, the first-mentioned provision shall prevail.

references to the relevant statutory provisions or the existing statutory provisions shall be read as references to such of those provisions as relate to agriculture;

in section 15(4) the references to the Commission shall be read as references to the appropriate Agriculture Minister;

in section 15(6) and (10) and paragraph 23 of Schedule 3, the reference to health and safety regulations shall be read as a reference to agricultural health and safety regulations.

any applicant for the issue, renewal, variation or transfer of such a licence of any proposed decision of the authority to refuse the application; or

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;