Health and Safety at Work etc. Act 1974

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

2 General duties of employers to their employees.

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

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

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

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

7 General duties of employees at work.

8 Duty not to interfere with or misuse things provided pursuant to certain provisions.

9 Duty not to charge employees for things done or provided pursuant to certain specific requirements.

The Health and Safety Commission and the Health and Safety Executive

10 Establishment of the Executive.

11 Functions of the Executive.

12 Control of the Executive by the Secretary of State.

13 Powers of the Executive.

14 Power of the Commission to direct investigations and inquiries.

Health and safety regulations and approved codes of practice

15 Health and safety regulations.

16 Approval of codes of practice by the Executive.

17 Use of approved codes of practice in criminal proceedings.

18 Authorities responsible for enforcement of the relevant statutory provisions.

19 Appointment of inspectors.

20 Powers of inspectors.

21 Improvement notices.

22 Prohibition notices.

23 Provisions supplementary to ss. 21 and 22.

24 Appeal against improvement or prohibition notice.

25 Power to deal with cause of imminent danger.

25A Power of customs officer to detain articles and substances.

26 Power of enforcing authorities to indemnify their inspectors.

Obtaining and disclosure of information

27 Obtaining of information by the Commission, the Executive, enforcing authorities etc.

27AInformation communicated by Commissioners for Revenue and Customs.

28 Restrictions on disclosure of information.

Special provisions relating to agriculture

29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30 Agricultural health and safety regulations.

31, 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions as to offences

34 Extension of time for bringing summary proceedings.

36 Offences due to fault of other person.

37 Offences by bodies corporate.

38Restrictions on institution of proceedings in England and Wales.

39 Prosecutions by inspectors.

40 Onus of proving limits of what is practicable etc.

42 Power of court to order cause of offence to be remedied or, in certain cases, forfeiture.

Financial provisions

43 Financial provisions.

43ARailway safety levy

Miscellaneous and supplementary

44 Appeals in connection with licensing provisions in the relevant statutory provisions.

45 Default powers.

46 Service of notices.

47 Civil liability.

48 Application to Crown.

49 Adaptation of enactments to metric units or appropriate metric units.

50 Regulations under the relevant statutory provisions.

51 Exclusion of application to domestic employment.

51A Application of Part to police.

52 Meaning of work and at work.

53 General interpretation of Part I.

54 Application of Part I to Isles of Scilly.

Part II The Employment Medical Advisory Service

55 Functions of, and responsibility for maintaining, employment medical advisory service.

56 Functions of authority responsible for maintaining the service.

58 Other financial provisions.

59 Duty of responsible authority to keep accounts and to report.

60 Supplementary.

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

61, 62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63 Miscellaneous provisions as to the approval of plans.

64—69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70 Power to make building regulations for Inner London.

71—74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75 Amendment of Building (Scotland) Act 1959.

76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV Miscellaneous and General

77 Amendment of Radiological Protection Act 1970.

78 Amendment of Fire Precautions Act 1971.

79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80 General power to repeal or modify Acts and instruments.

81 Expenses and receipts.

82 General provisions as to interpretation and regulations.

83 Minor and consequential amendments, and repeals.

84 Extent, and application of Act.

85 Short title and commencement.

SCHEDULE 1Existing Enactments which are Relevant Statutory Provisions

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

The Health and Safety Executive

1The Executive shall consist of— (a) the Chair of the...

2(1) The Secretary of State shall appoint the Chair of...

Terms of Appointment of the Executive

3Subject to paragraphs 4 , 4A and 5, a person...

4The Chair or any other member of the Executive ,...

4A(1) An ONR member may at any time resign from...

5The Secretary of State may remove a Chair or other...

Remuneration of Members

6(1) The Executive shall pay — (a) to each member,...

Proceedings of the Executive

7(1) The Executive may regulate its own procedure.

8(1) The Executive shall, with the consent of the Secretary...

Performance of functions

9(1) Subject to sub-paragraphs (2) to (4), anything authorised or...

Accounts and Reports

10(1) It shall be the duty of the Chief Executive—...

11The Secretary of State shall not make any determination or...

12(1) The fixing of the common seal of the Executive...

SCHEDULE 3Subject-Matter of Health and Safety Regulations

1(1) Regulating or prohibiting— (a) the manufacture, supply or use...

2(1) Prohibiting the importation into the United Kingdom or the...

3(1) Prohibiting or regulating the transport of articles or substances...

4(1) Prohibiting the carrying on of any specified activity or...

5Requiring any person, premises or thing to be registered in...

6(1) Requiring, in specified circumstances, the appointment (whether in a...

7Regulating or prohibiting the employment in specified circumstances of all...

8(1) Requiring the making of arrangements for securing the health...

9Imposing requirements with respect to any matter affecting the conditions...

10Securing the provision of specified welfare facilities for persons at...

11Imposing requirements with respect to the provision and use in...

12Requiring in specified circumstances the taking of specified precautions in...

13(1) Prohibiting or imposing requirements in connection with the emission...

14Imposing requirements with respect to the instruction, training and supervision...

15(1) Requiring in specified circumstances, specified matters to be notified...

16Imposing requirements with respect to the keeping and preservation of...

17Imposing requirements with respect to the management of animals.

18The following purposes as regards premises of any specified description...

19Conferring, in specified circumstances involving a risk of fire or...

20Restricting, prohibiting or requiring the doing of any specified thing...

21As regards cases of any specified class, being a class...

22Conferring on any local or public authority power to make...

23(1) In this Schedule “specified” means specified in health and...

SCHEDULE 3AOFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY

1The mode of trial and maximum penalty applicable to each...

2(1) This paragraph makes transitional modifications of the table as...

1In section 3 (building standards regulations)— (a) in subsection (2),...

2In section 4 (relaxation of building standards regulations)—

3After subsection 4A, there shall be inserted the following section—...

4In section 6 (application of building standards regulations and building...

5In section 9 (certificates of completion)— (a) in subsection (2),...

6In section 11(1)(b) (power of local authorities to require buildings...

7In section 19 (penalties), for the words “ten pounds” and...

8After section 19 there shall be inserted the following section—...

9In section 26 (Crown rights)— (a) in subsection (1) after...

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

1In this Schedule— “ the 1971 Act ” means the...

2(1) Where by virtue of an order under section 1...

3. . . . . . . . . ....

The Coroners (Amendment) Act 1926

1In section 1392)(c) of the Coroners (Amendment) Act 1926 (by...

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Royal arms

Health and Safety at Work etc. Act 1974

1974 CHAPTER 37

An 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]