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Health and Safety at Work etc. Act 1974
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Changes over time for: Section 48
Version Superseded: 06/04/2011
Alternative versions:
- 01/02/1991- Amendment
- 25/09/1991- Amendment
- 25/09/1991
Point in time - 06/04/2011- Amendment
- 30/07/2018- Amendment
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Point in time view as at 25/09/1991. This version of this provision has been superseded.
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48 Application to Crown.U.K.
(1)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.
(2)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.
(3)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.
(4)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 M1Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
Modifications etc. (not altering text)
C1Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10
S. 48 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 11
S. 48 applied (with modifications) (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 11
C2Ss. 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))
C3Ss. 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))
C4S. 48(1) applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(f)
C5S. 48(2) applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(f)
C6S. 48(3) applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(f)
C7S. 48(4) modified (E.W.) (25.09.1991) by Atomic Weapons Establishment Act 1991 (c. 46, SIF 8), ss. 3, 6, Sch. para. 7(1).
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