Heath and Safety (Offences) Act 2008 Explanatory Notes

Extent

13.The Act extends to the whole of the United Kingdom. So far as the Scottish Parliament is concerned, it is considered that the Act is essentially about health and safety, which is not a matter within the legislative competence of that Parliament. As regards the Northern Ireland Assembly, the subject matter of the Act is considered to be criminal penalties and prosecutions, a matter that is within the legislative competence of that Assembly. But it is a reserved matter (as opposed to an excepted or transferred one). This means that any legislation in the Assembly on the subject would require the consent of the Secretary of State. It also means that a legislative consent motion would not be appropriate since those deal only with transferred matters. Neither health and safety nor criminal penalties and prosecutions are areas where the National Assembly for Wales has legislative competence or the Welsh Ministers have functions.

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