The Health and Safety (Enforcing Authority) Regulations 1998

[F1 Assignment of responsibility for enforcement in cases of uncertainty: the Executive and the local authority] U.K.

6.— [F2 (1A) This regulation applies where there is uncertainty as to what are the respective responsibilities of the Executive and the local authority by virtue of regulations made under section 18(2) of the 1974 Act for the enforcement of any of the relevant statutory provisions in respect of any particular premises, part of premises or any activity carried on there.

(1B) The responsibility for enforcing the relevant statutory provision in question in the respect in question may be assigned by the Executive and the local authority (acting jointly) to the Executive or to the local authority.

(1C) An assignment under paragraph (1B) may only be made where the Executive and the local authority agree—

(a) that there is uncertainty in the particular case as to what are their respective responsibilities by virtue of regulations made under section 18(2) of the 1974 Act; and

(b) which of them is the more appropriate to be responsible for enforcement in that case.

(1D) Where an assignment is made under paragraph (1B) the authority to which responsibility is assigned must give notice of the assignment to any person affected by it.]

(2) 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 [F3 the Secretary of State] and where [F3 the Secretary of State]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 [F3 the Secretary of State] shall cause notice of the assignment to be given to both enforcing authorities concerned and to persons affected by it.

Textual Amendments

F1 Reg. 6 heading substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 78(2) (with Sch. 4)

F2 Reg. 6(1A)-(1D) substituted for reg. 6(1) (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 78(3) (with Sch. 4)

F3 Words in reg. 6(2) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21)

Commencement Information

I1 Reg. 6 in force at 1.4.1998, see reg. 1