In these Regulations, unless the context otherwise requires—

• “the 1974 Act” means the Health and Safety at Work etc. Act 1974;

• “agricultural activities” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, including the management of livestock up to the point of slaughter or export from Great Britain, forestry, the use of land as grazing land, market gardens and nursery grounds and the preparation of land for agricultural use; and for this purpose “livestock breeding and keeping” does not include activities the main purpose of which is entertainment or the breeding or keeping of livestock at a shop;

• “the Commission” means the Health and Safety Commission;

• “common parts” means those parts of premises used in common by, or for providing common services to or common facilities for, the occupiers of the premises;

• “construction work” means a “building operation” or a “work of engineering construction” within the meanings assigned to those expressions by section 176(1) of the Factories Act 19612;

• “contractor” means a self-employed person, or an employer of persons, carrying out construction work, except that in the case of a self-employed person who contracts to provide his labour only to another person, it shall mean that other person;

• “dangerous substance” has the meaning assigned to it by regulation 2(1) of the Classification, Packaging and Labelling of Dangerous Substances Regulations 19843;

• “dock premises” has the meaning assigned to it by regulation 2(1) of the Docks Regulations 19884;

• “electricity system” does not include the consumer’s installation within the meaning of regulation 3(1) of the Electricity Supply Regulations 19885;

• “the Executive” means the Health and Safety Executive;

• “fairground” means any part of premises which is for the time being used wholly or mainly for the operation of any fairground equipment, other than a coin-operated ride, non-powered childrens' playground equipment or a swimming pool slide;

• “gas” has the meaning assigned to it by section 48 of the Gas Act 19866;

• “gas fitting” has the meaning assigned to it by section 48 of the Gas Act 1986;

• “gas system” does not include a portable or mobile appliance supplied with gas from a cylinder, or the cylinder, pipes and other fittings used for supplying gas to that appliance;

• “ionising radiation” has the meaning assigned to it by regulation 2(1) of the Ionising Radiations Regulations 19857;

• “livestock” means any creature kept for the production of food, wool, skins or fur or for the purpose of any agricultural activity;

• “local authority” means—

  1. a

     in relation to England and Wales, a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under-Treasurer of the Middle Temple or the Council of the Isles of Scilly;

  2. b

     in relation to Scotland, an islands or district council;

• “mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 19548;

• “office activities” includes any activity for the purposes of administration, clerical work, handling money, telephone and telegraph operating and the production of computer software by the use of computers; and for this purpose “clerical work” includes writing, book-keeping, sorting papers, filing, typing, duplicating, machinecalculating, drawing and the editorial preparation of matter for publication except where that preparation is on the premises where newspapers, magazines, periodicals or books are printed;

• “pleasure craft” has the meaning assigned to it by regulation 2(1) of the Docks Regulations 19889;

• “quarry” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;

• “railway” means a railway or tramway with (in either case) a gauge of 350 millimetres or more;

• “theatre” does not include a cinema;

• “transport undertaking” means an undertaking primarily engaged in the transport of passengers or goods;

• “veterinary surgery” has the meaning assigned to it by section 27 of the Veterinary Surgeons Act 196610;

• “work” in relation to a gas fitting has the meaning assigned to it by regulation 2(1) of the Gas Safety (Installation and Use) Regulations 198411;

• “zoo” has the meaning assigned to it by section 1(2) of the Zoo Licensing Act 198112.

In these Regulations (except regulation 4(8)), unless the context otherwise requires, any reference to the enforcing authority for premises or parts of premises is a reference to the enforcing authority for the relevant statutory provisions in relation to those premises or parts, as the case may be, and to any activity carried on in them.

Where the main activity carried on in non-domestic premises is specified in Schedule 1, the local authority for the area in which those premises are situated shall be the enforcing authority for them, and the Executive shall be the enforcing authority in any other case.

Where such premises are occupied by more than one occupier each part separately occupied shall be regarded as being separate premises for the purposes of paragraph (1).

In relation to a railway operated by the British Railways Board, London Regional Transport or a subsidiary of that body, Tyne and Wear Passenger Transport Executive or Strathclyde Passenger Transport Executive, notwithstanding paragraph (3), the Executive shall be the enforcing authority for the common parts in a railway station or in a goods yard served by the railway.

Where any part of premises at or adjacent to a railway track or railway station is occupied by a railway undertaking not mentioned in paragraph (5), then notwithstanding paragraph (2), the Executive shall be the enforcing authority for the whole premises.

This regulation shall have effect subject to regulations 4, 5 and 6.

Where premises are mainly occupied by a body specified in paragraph (3) and are partly occupied by another person for the purpose of providing services at the premises for that body, the Executive shall be the enforcing authority for the part of the premises occupied by that other person.

The Executive shall be the enforcing authority for premises if the main activity carried on there is indoor sports and any body referred to in paragraph (3)(a) to (c) has any duty under section 4 of the 1974 Act in respect of those premises or any plant therein.

Regulation 3 and the preceding provisions of this regulation shall have effect subject to any provisions made for enforcement responsibility by other regulations made under the 1974 Act or by any of the existing statutory provisions.

The preceding provisions of this regulation shall have effect subject to regulations 5 and 6.

Notwithstanding regulation 3 and the preceding provisions of this regulation, an authority empowered to grant a licence for a factory, magazine or store or to register premises under the 1875 Act shall be the enforcing authority for the 1875 Act in relation to such factory, magazine, store or premises, as the case may be; and in this paragraph “the 1875 Act” means such provisions of the Explosives Act 187518 and such Orders in Council, Orders, Byelaws, Regulations and Rules made thereunder as are relevant statutory provisions.

The responsibility for enforcing any of the relevant statutory provisions in respect of any particular premises, part of premises, or any activity carried on there may be transferred from the Executive to the local authority or from the local authority to the Executive.

A transfer may be made only by agreement between the enforcing authority which has the current responsibility and the authority to which it proposed to transfer it, or by the Commission.

Where a transfer has been made, the authority to which responsibility has been transferred shall cause notice of the transfer to be given to persons affected by it, and where a transfer has been made by the Commissionthe Commission shall cause notice of it to be given to both enforcing authorities concerned.

The preceding provisions of this regulation shall not apply to any part of premises occupied by the Crown or to any activity carried on there but responsibility for enforcing any of the relevant statutory provisions in respect of office activities and the premises used for them may be transferred by an agreement between the Executive, the local authority concerned and the Government Department or other public body concerned.

For the purpose of removing uncertainty in any particular case as to what are their respective responsibilities by virtue of regulations made under section 18(2) of the 1974 Act either the Executive or the local authority may apply to the Commission and where the Commission considers that there is uncertainty it shall, after considering the circumstances and any views which may have been expressed to them by either enforcing authority or by persons affected, assign responsibility to whichever authority it considers appropriate; and where such an assignment is made the Commission shall cause notice of the assignment to be given to both enforcing authorities concerned and to persons affected by it.

Sections 52(5) and 83(5) of the Offices, Shops and Railway Premises Act 196319 are hereby repealed.