Establishment of the new Health and Safety Executive12

1

Section 28 is amended as follows.

2

In subsection (3)—

a

in paragraph (a), omit “the Commission,”; and

b

in paragraph (e), for each reference to “section 14(2)” substitute “section 14(2) or (2A)”.

3

For subsection (4), substitute—

4

In the preceding subsection, any reference to the Executive, the Environment Agency, the Scottish Environment Protection Agency, a government department or an enforcing authority includes respectively a reference to an officer of that body or authority (including, in the case of an enforcing authority, any inspector appointed by it), and also, in the case of a reference to the Executive, includes a reference to—

a

a person performing any functions of the Executive on its behalf by virtue of section 13(3);

b

an officer of a body which is so performing any such functions; and

c

an adviser appointed under section 13(7).

4

In subsection (5)(a), after “of that subsection, a purpose” omit “of the Commission or”.

5

In subsection (7), for each reference to “section 14(2)” substitute “section 14(2) or (2A)”.