C165C166C167C168C169C170C171C172C173C174C175C176C177C178E1C179C180C16C111C112C319C311 Part I Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere
Pt. 1 (ss. 1–54) extended by S.I. 1981/1011, reg. 9, 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
Pt. 1 (ss. 1–54) extended by Gas Act 1986 (c. 44, SIF 44:2), ss. 18, 48(3)(4)
Pt. 1 (ss. 1–54) applied by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 para. 6(2)
Pt. 1 (ss. 1–54) amended by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36
Pt. 1 (ss. 1–54) amended by S.I. 1988/1222, regs. 3, 4
Pt. 1 (ss. 1–54) extended by S.I. 1989/1671, reg. 4
Pt. 1 (ss. 1–54) amended by S.I. 1989/1810, reg. 3 (which S.I. was revoked (1.2.1993) by S.I. 1992/3217, reg. 25).
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)
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
Pt. 1 (ss. 1-54) extended (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.) (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
Pt. 1 (ss. 1-54) extended (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 4
Pt. 1 (ss. 1-54) modified (E.W.S.) (1.1.1993) by S.I. 1992/2051, reg. 16(2)
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
Pt. 1 (ss. 1-54) applied (with modifications) (14.4.1999) by S.I. 1999/860, reg. 2
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
Pt. 1 restricted (S.) (1.10.2006) by 2005 asp 5, ss. 70, 90; S.I. 2006/458, art. 2 (subject to art. 3)
Pt. 1 modified (prosp.) by Energy Act 2008 (c. 32), ss. 99(1), 110
Pt. 1: power to repeal or modify conferred (prosp.) by Energy Act 2008 (c. 32), ss. 99(1)(2), 110
Pt. 1 modified (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), regs. 1(2), 2(3) (with regs. 2(5), 3, Sch. 8)
Pt. 1 applied (E.W.S.) (6.2.2018) by The Ionising Radiation (Medical Exposure) Regulations 2017 (S.I. 2017/1322), regs. 1, 18
Provisions as to offences
C181C182C183C184C185C7C113C123C156C249C296C266C321C301C322C243C317C280C254C241C273C262C253C293C268C271C310C299C277C299C277C313C27733 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;
C186C86C144C133C257C316C282C269C313c
to contravene any health and safety regulations F7. . . 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;
f
g
h
k
C38C39C89C146C135to make a statement which he knows to be false or recklessly to make a statement which is false where the statement is made—
i
in purported compliance with a requirement to furnish any information imposed by or under any of the relevant statutory provisions; or
ii
for the purpose of obtaining the issue of a document under any of the relevant statutory provisions to himself or another person;
l
m
C50C42C91C146C135with intent to deceive, to F9forge 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;
C299F22
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).
F15
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F106
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C52C188C189C190C191C54C53C8C157C249C296C266C321C301C322C243C317C280C303C241C292C294C309C304C288C265C283C31834C124C114 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 F3(2) of that section; or
b
a report is made by the person holding an inquiry into any such matter by virtue of subsection F4(2A) of that section; or
C94c
F18an investigation under Part 1 of the Coroners and Justice Act 2009 is conducted into 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
C95F13F16d
an inquiry into any death that may have been so caused is held under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016,
and it appears F14from the report or investigation or, in a case falling within paragraph (d) above, from the proceedings at the inquiry, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject-matter of the F15report, investigation 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 F17conclusion of the investigation or inquiry.
C69C192C55C96C147C136C3002
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.
C70C193C192C58C194C97C3003
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.
C71C56C59C74C192C57C98C3004
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.
C72C60C61C192C62C99C3005
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
C73C192C63F12 6
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”.
C64C195C196C197C198C199C200C2C9C100C115C125C148C158C249C296C266C321C301C322C243C317C280C308C241C242C295C320C272C258C259C285C31835 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.
C65C201C202C203C66C3C10C116C126C249C296C266C301C322C243C317C280C31836 Offences due to fault of other person.
C204C205C206C68C207C85C101C149C137C159C289C247C2911
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.
C204C67C207C102C149C137C159C289C245C2912
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).
C75C208C209C210C211C212C213C214C4C11C103C117C127C150C138C160C249C250C296C266C290C301C322C243C317C280C278C31837 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.
C76C215C216C217C218C219C220C5C12C104C118C128C151C139C161C249C250C296C266C264C301C322C243C317C280C251C31838 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 F19, the Environment Agency or the Natural Resources Body for Wales by or with the consent of the Director of Public Prosecutions.
C77C221C222C223C224C225C78C13C105C119C129C152C140C162C249C250C296C266C276C301C322C243C317C280C256C248C261C252C306C323C246C284C315C31839 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.
C79C226C227C228C14C106C120C130C153C141C249C250C296C266C301C322C243C317C280C31840 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.
C80C229C230C231C232C233C234C15C107C121C131C154C142C163C249C250C296C266C301C281C322C243C317C280C324C260C279C287C255C297C305C307C244C31841 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.
C81C235C236C237C238C239C240C6C122C132C164C249C296C266C274C301C322C243C317C280C275C267C286C270C325C314C263C298C302C31842 Power of court to order cause of offence to be remedied or, in certain cases, forfeiture.
C82C108C155C143C3121
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.
C83C109C155C143C3122
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.
C84C110C155C143C3123
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.
F53A
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 F6the 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.
For the application of Pt. I to Northern Ireland see s. 84(1).