PART 5Miscellaneous and General

Enforcement30

1

This regulation applies to the extent that any part of these Regulations are not health and safety regulations within the meaning of section 15 of the 1974 Act.

2

The following provisions apply to the whole of these Regulations as if they were health and safety regulations for the purposes of that Act—

a

sections 16 to 26 M1 (approved codes of practice and enforcement) and sections 33 to 42 M2 (provisions as to offences) of the 1974 Act; and

b

the Health and Safety (Training for Employment) Regulations 1990 M3.

3

Every function of the Executive under any provision of the 1974 Act, or under health and safety regulations, is exercisable in relation to these Regulations as if the whole of these Regulations were health and safety regulations for the purposes of that Act.

4

Despite section 33(1)(c) of the 1974 Act a failure to discharge a duty placed on the competent authority or the Executive by these Regulations is not an offence.

5

Despite regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1998 M4, the enforcing authority for these Regulations is the Executive.