Health and Safety at Work etc. Act 1974

[F1 11 Functions of the Executive.U.K.

(1)It shall be the general duty of the Executive to do such things and make such arrangements as it considers appropriate for the general purposes of this Part.

(2)In connection with the general purposes of this Part, the Executive shall—

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

(b)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;

(c)make such arrangements as it considers appropriate to secure that the following persons are provided with an information and advisory service on matters relevant to those purposes and are kept informed of and are adequately advised on such matters—

(i)government departments,

(ii)local authorities,

(iii)employers,

(iv)employees,

(v)organisations representing employers or employees, and

(vi)other persons concerned with matters relevant to the general purposes of this Part.

(3)The Executive shall submit from time to time to the Secretary of State such proposals as the Executive considers appropriate for the making of regulations under any of the relevant statutory provisions.

(4)In subsections (1) to (3)—

(a)references to the general purposes of this Part do not include references to [F2any of the transferred purposes]; and

(b)the reference to the making of regulations under the relevant statutory provisions does not include a reference so far as the regulations are made [F3—

(i)for any of the transferred purposes, or

(ii)under section 43 and concern fees relating to nuclear site regulation.]

[F4(4A)In subsection (4)—

(a) “ the transferred purposes ” means—

(i)the railway safety purposes;

(ii)the nuclear safety purposes;

(iii)the nuclear security purposes;

(iv)the nuclear safeguards purposes;

(v)the radioactive material transport purposes;

(b) “ fees relating to nuclear site regulation ” means fees payable for or in connection with the performance of a function by or on behalf of—

(i)the Office for Nuclear Regulation, or

(ii)any inspector appointed by the Office for Nuclear Regulation.

[F5(4AA)Subsection (4)(b)(i) does not apply in relation to the making of regulations under section 3(2) for the railway safety purposes (and, accordingly, the Executive shall submit under subsection (3) such proposals as the Executive considers appropriate for the making of regulations under section 3(2) for those purposes).]

(4B)The Executive may submit to the Secretary of State any proposal submitted to it by the Office for Nuclear Regulation under section 81 of the Energy Act 2013 (proposals about orders and regulations).]

(5)It shall be the duty of the Executive—

(a)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 [F6other than its building functions];

(b)to ensure that its activities [F7other than its building functions] 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 [F8or to its building functions.]]

Textual Amendments

F2Words in s. 11(4)(a) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 2(2)(a); S.I. 2014/251, art. 4

F3Words in s. 11(4)(b) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 2(2)(b); S.I. 2014/251, art. 4

F5S. 11(4AA) inserted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), ss. 1(4), 115(2)(a) (with s. 1(6)); S.I. 2015/1732, art. 2(a)

Modifications etc. (not altering text)

C1Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C2Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C3Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C4Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))