Health and Safety at Work etc. Act 1974 (c. 37)

E+W+S

Health and Safety at Work etc. Act 1974

1974 CHAPTER 37

An Act to make further provision for securing the health, safety and welfare of persons
at work, for protecting others against risks to health or safety in connection with
the activities of persons at work, for controlling the keeping and use and preventing
the unlawful acquisition, possession and use of dangerous substances, and for controlling
certain emissions into the atmosphere; to make further provision with respect to
the employment medical advisory service; to amend the law relating to building regulations,
and the Building (Scotland) Act 1959; and for connected purposes.

[31st July 1974]

Annotations:

Extent Information

E1For the application of this Act to Northern Ireland see s. 84(1); Pt. III of this Act (except s. 75 and Sch.
7) does not extend to Scotland see s. 84(2).

Modifications etc. (not altering text)

C1Act applied (15.12.1999) by 1996 c. 18, Pt. VIII, s. 72(4) (as substituted
(15.12.1999) by
1999 c. 26, ss. 7, 8, 9, Sch. 4 Pt. I;

S.I. 1999/2830, art. 2(2))

Act extended (11.10.1999) by
S.I. 1999/2550, reg. 3

C2Act applied by
S.I. 1988/778, reg. 11(1)

C3Act applied by
S.I. 1990/13, reg. 11(5)

Act applied in part (1.9.1993) by S.I. 1993/1746, reg. 18(1)(a).

Act extended (1.1.1994) by
S.I. 1993/2379, reg. 9(a).

Act extended (1.12.1993) by
S.I. 1993/2714, reg. 9(4)(a).

Act applied (31.1.1994) by
S.I. 1993/3050, art. 21(1)(a) (with
art. 3).

Act applied (with modifications) (29.7.1994) by S.I. 1994/1806,
regs. 3(1), 12

Act applied in part (15.3.1995) by S.I. 1995/263, arts. 3-8, 10

Act applied (with modifications) (18.7.1995) by S.I. 1995/1629,
art. 30(3)(b)(5)

C4Certain provisions of this Act applied (with modifications) (29.11.1992) by
S.I. 1992/2415, reg. 4(1)

C5Certain provisions of this Act applied (1.1.1993) by S.I. 1992/2997,
reg.6

C6Certain provisions of this Act applied (with modifications) (E.W.S.) (1.1.1993)
by
S.I. 1992/3060, reg. 15(1)

C7Certain provisions of this Act applied (E.W.S.) (1.2.1993) by S.I. 1992/3217,
reg. 21(1)

C8Act excluded (E.W.) (1.4.2006) by S.I. 2005/1541, art. 47, (with art. 49)

C9Act modified (30.5.2007) by The National Assembly
for Wales Commission (Crown Status) (No. 2) Order 2007 (S.I. 2007/1353), art. 2

Part I E+W+S+N.I. Health, Safety and Welfare in connection with Work, and Control
of Dangerous Substances and Certain Emissions into the Atmosphere

Annotations:

Extent Information

E16For the application of Pt. I to Northern Ireland see s. 84(1).

Modifications etc. (not altering text)

C454Pt. I (ss. 1–54) extended by S.I. 1981/1011,
reg. 9, 1983/1919, reg. 3

Pt. I (ss. 1-54) modified (E.W.S.) (1.2.1996) by 1995 c. 25,
s. 5(5)(b) (with ss. 115, 117); S.I. 1996/186,
art. 2

Pt. I (ss. 1-54) modified (E.W.S.) (1.4.1996) by 1995 c. 25,
s. 33(5)(c) (with s. 7(6), 115, 117); S.I. 1996/186,
art. 3

Pt. I (ss. 1-54) amended (E.W.S.) (1.4.1996) by 1995 c. 25,
s. 120(1), Sch. 22 para. 30(2)
(with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3

Pt. I (ss. 1-54) amended (E.W.S.) (1.3.1996) by 1995 c. 45,
s. 16(1), Sch. 4 para. 10(1)(a)(3);

S.I. 1996/218, art. 2

C455Pt. I (ss. 1–54) extended by
Gas Act 1986 (c. 44, SIF 44:2), ss. 18, 48(3)(4)

C456Pt. I (ss. 1–54) applied by
Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 para. 6(2)

C457Pt. I (ss. 1–54) amended by Consumer Protection
Act 1987 (c. 43, SIF 109:1), s. 36

C458Pt. I (ss. 1–54) amended by S.I. 1988/1222, regs. 3, 4

C459Pt. I (ss. 1–54) extended by S.I. 1989/1671,
reg. 4

C460Pt. I (ss. 1–54) amended by S.I. 1989/1810, reg. 3 (which S.I. was
revoked (1.2.1993) by
S.I. 1992/3217, reg. 25).

C461Pt. I (ss. 1–54) amended by S.I. 1990/1380, reg. 3

Pt. I (ss. 1-54) saved by Highland Regional Council (Harbours) Order
Confirmation Act (c. xii), s. 1, Sch. s. 61(1)(f)

Pt. I (ss. 1-54) definition applied (E.W.) (1.12.1991) by Water Industry
Act 1991 (c. 56, SIF 130), ss. 206(3)(g),
223(2)

Pt. I (ss. 1-54) saved by London Underground
(Safety Measures) Act 1991 (c. xviii),
s. 11(2)

Pt. I (ss. 1-54) saved by City of Edinburgh
District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. 1 Pt. XII para. 67(2)

C462Pt. I extended by S.I. 1978/752, reg. 3

Pt. I (ss. 1-54): transfer of functions (E.W.) (1.4.1996) by 1995 c. 25,
s. 2(1)(g)(2)(c) (with ss. 115, 117); S.I. 1996/186,
art. 3

Pt. I (ss. 1-54): transfer of functions (S.) (12.10.1995) by 1995 c. 25,
s. 21(1)(g) (with ss. 7(6), 115, 117); S.I. 1995/2649,
art. 2

Pt. I (ss. 1-54): transfer of functions (E.W.S.) (12.10.1995) by

1995 c. 25, s. 21(2)(a) (with ss. 7(6), 115, 117); S.I. 1995/2649,
art. 2

C463Pt. I (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety
Act 1992 (c. 15), S. 1(1)

C464Pt. I (ss. 1-54) amended (E.W.S.) (6.3.1992) by Offshore Safety
Act 1992 (c. 15), s. 1(1)

Pt. I (ss. 1-54) amended (E.W.S.) (2.2.1994) by 1993 c. 43,
s. 117(1)(6), 150(1)(e); S.I. 1994/202,
art. 2

C465Pt. I (ss. 1-54) extended (E.W.S.) (1.2.1993) by S.I. 1992/3217,
reg. 4

C466Pt. I (ss. 1-54) modified (E.W.S.) (1.1.1993) by S.I. 1992/2051,
reg. 16(2)

C467Pt. I (ss. 1-54) extended (E.W.S.) (6.3.1992) by offshore Safety Act 1992
(c. 15), s. 2(1)

Pt. 1 (ss. 1-54) extended (E.W.S.) (2.2.1994) by 1993 c. 43,
ss. 117(2)(6), 150(1)(e); S.I. 1994/202,
art. 2

C468Pt. I (ss. 1-54) applied (with modifications) (14.4.1999) by S.I. 1999/860,
reg. 2

C469Pt. I (ss. 1-54) applied (1.7.1999) by S.I. 1999/1517,
reg. 12(3), Sch. 4 para. 12(3)(c)

Pt. I: functions of local authority not to be responsibility of an
executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853,
reg. 2(1), Sch. 1 Table C

C470Pt. I restricted (S.) (1.10.2006) by 2005 asp 5,
ss. 70, 90; S.I. 2006/458,
art. 2 (subject to art. 3)

C471Pt. 1 modified (prosp.) by
Energy Act 2008 (c. 32), ss. 99(1), 110

C472Pt. 1: power to repeal or modify conferred (prosp.) by Energy Act 2008
(c. 32), ss. 99(1)(2),
110

Preliminary

1 Preliminary. E+W+S+N.I.

(1)The provisions of this Part shall have effect with a view to—

(a)securing the health, safety and welfare of persons at work;

(b)protecting persons other than persons at work against risks to health or safety
arising out of or in connection with the activities of persons at work;

(c)controlling the keeping and use of explosive or highly flammable or otherwise
dangerous substances, and generally preventing the unlawful acquisition, possession
and use of such substances; F1.
. .

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The provisions of this Part relating to the making of health and safety regulations
F2. . . and the preparation and approval of codes
of practice shall in particular have effect with a view to enabling the enactments
specified in the third column of Schedule 1 and the regulations, orders and other
instruments in force under those enactments to be progressively replaced by a system
of regulations and approved codes of practice operating in combination with the
other provisions of this Part and designed to maintain or improve the standards
of health, safety and welfare established by or under those enactments.

(3)For the purposes of this Part risks arising out of or in connection with the activities
of persons at work shall be treated as including risks attributable to the manner
of conducting an undertaking, the plant or substances used for the purposes of an
undertaking and the condition of premises so used or any part of them.

(4)References in this Part to the general purposes of this Part are references to
the purposes mentioned in subsection (1) above.

Annotations:

Amendments (Textual)

F1 S. 1(1)(d) and the word “and” preceding it repealed (16.12.1996)
by
1990 c. 43, s. 162(2), Sch. 16 Pt. I;

S.I. 1996/3056, art. 2

F2Words repealed by
Employment Protection Act 1975 (c. 71), Sch. 18

Modifications etc. (not altering text)

C10Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840, arts. 2–10

C11Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

C12S. 1(1)(c) extended (E.W.S.) (8.8.1996) by S.I. 1996/2075,
reg. 2(1) (which was revoked (11.3.2002) by S.I. 2002/282,
art. 4)

S. 1(1)(C) modified (E.W.S.) (11.3.2002) by S.I. 2002/282,
art. 3

C13S. 1(2) modified by
Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 Pt. I para.
6(3)

C14S. 1(3) applied by
Companies Act 1985 (c. 6, SIF 27), s. 235(5), Sch. 7 Pt.
IV para. 10(4)

General duties

2 General duties of employers to their employees. E+W+S+N.I.

(1)It shall be the duty of every employer to ensure, so far as is reasonably practicable,
the health, safety and welfare at work of all his employees.

(2)Without prejudice to the generality of an employer’s duty under the preceding
subsection, the matters to which that duty extends include in particular—

(a)the provision and maintenance of plant and systems of work that are, so far as
is reasonably practicable, safe and without risks to health;

(b)arrangements for ensuring, so far as is reasonably practicable, safety and absence
of risks to health in connection with the use, handling, storage and transport of
articles and substances;

(c)the provision of such information, instruction, training and supervision as is
necessary to ensure, so far as is reasonably practicable, the health and safety
at work of his employees;

(d)so far as is reasonably practicable as regards any place of work under the employer’s
control, the maintenance of it in a condition that is safe and without risks to
health and the provision and maintenance of means of access to and egress from it
that are safe and without such risks;

(e)the provision and maintenance of a working environment for his employees that
is, so far as is reasonably practicable, safe, without risks to health, and adequate
as regards facilities and arrangements for their welfare at work.

(3)Except in such cases as may be prescribed, it shall be the duty of every employer
to prepare and as often as may be appropriate revise a written statement of his
general policy with respect to the health and safety at work of his employees and
the organisation and arrangements for the time being in force for carrying out that
policy, and to bring the statement and any revision of it to the notice of all of
his employees.

(4)Regulations made by the Secretary of State may provide for the appointment in
prescribed cases by recognised trade unions (within the meaning of the regulations)
of safety representatives from amongst the employees, and those representatives
shall represent the employees in consultations with the employers under subsection
(6) below and shall have such other functions as may be prescribed.

F3(5). . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .

(6)It shall be the duty of every employer to consult any such representatives with
a view to the making and maintenance of arrangements which will enable him and his
employees to co-operate effectively in promoting and developing measures to ensure
the health and safety at work of the employees, and in checking the effectiveness
of such measures.

(7)In such cases as may be prescribed it shall be the duty of every employer, if
requested to do so by the safety representatives mentioned in [F4subsection
(4)] above, to establish, in accordance with regulations made by the Secretary of
State, a safety committee having the function of keeping under review the measures
taken to ensure the health and safety at work of his employees and such other functions
as may be prescribed.

Annotations:

Amendments (Textual)

F3 Ss. 2(5), 29, 31, 32, 50(4)(5), 53(2)–(6) repealed
by
Employment Protection Act 1975 (c. 71), Sch. 18

F4Words substituted by
Employment Protection Act 1975 (c. 71), Sch. 15
para. 2

Modifications etc. (not altering text)

C15Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840, arts. 2–10

C16Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

C17S. 2(1)(2)(3) modified (15.11.2000) by S.I. 2000/2831,
reg. 5(1)

C18S. 2(3) modified (1.10.1993) by S.I. 1993/1897,
art. 4(4).

C19S. 2(4) modified by S.I. 1977/500, reg. 8(1)

3 General duties of employers and self-employed to persons other than their employees.
E+W+S+N.I.

(1)It shall be the duty of every employer to conduct his undertaking in such a way
as to ensure, so far as is reasonably practicable, that persons not in his employment
who may be affected thereby are not thereby exposed to risks to their health or
safety.

(2)It shall be the duty of every self-employed person to conduct his undertaking
in such a way as to ensure, so far as is reasonably practicable, that he and other
persons (not being his employees) who may be affected thereby are not thereby exposed
to risks to their health or safety.

(3)In such cases as may be prescribed, it shall be the duty of every employer and
every self-employed person, in the prescribed circumstances and in the prescribed
manner, to give to persons (not being his employees) who may be affected by the
way in which he conducts his undertaking the prescribed information about such aspects
of the way in which he conducts his undertaking as might affect their health or
safety.

Annotations:

Modifications etc. (not altering text)

C20Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840, arts. 2–10

C21Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

C22S. 3(2) modified by S.I. 1978/752, reg. 4

S. 3(2) modified (16.1.1995) by S.I. 1994/3246,
reg. 20

C23S. 3(2) modified by S.I. 1981/1011, reg. 10

C24S. 3(2) modified by S.I. 1989/1810, reg. 4 (which S.I. was
revoked (1.2.1993) by
S.I. 1992/3217, reg. 25).

C25S. 3(2) modified (E.W.S.) (1.2.1993) by S.I. 1992/3217,
reg. 5

S. 3(2) modified (25.3.1999) by S.I. 1999/437,
reg. 20

S. 3(2) modified (15.11.2000) by S.I. 2000/2831,
reg. 5(2)

S. 3(2) modified (21.11.2002) by S.I. 2002/2677,
reg. 20

4 General duties of persons concerned with premises to persons other than their
employees. E+W+S+N.I.

(1)This section has effect for imposing on persons duties in relation to those who—

(a)are not their employees; but

(b)use non-domestic premises made available to them as a place of work or as a place
where they may use plant or substances provided for their use there,

and applies to premises so made available and other non-domestic premises used in
connection with them.

(2)It shall be the duty of each person who has, to any extent, control of premises
to which this section applies or of the means of access thereto or egress therefrom
or of any plant or substance in such premises to take such measures as it is reasonable
for a person in his position to take to ensure, so far as is reasonably practicable,
that the premises, all means of access thereto or egress therefrom available for
use by persons using the premises, and any plant or substance in the premises or,
as the case may be, provided for use there, is or are safe and without risks to
health.

(3)Where a person has, by virtue of any contract or tenancy, an obligation of any
extent in relation to—

(a)the maintenance or repair of any premises to which this section applies or any
means of access thereto or egress therefrom; or

(b)the safety of or the absence of risks to health arising from plant or substances
in any such premises;

that person shall be treated, for the purposes of subsection (2) above, as being
a person who has control of the matters to which his obligation extends.

(4)Any reference in this section to a person having control of any premises or matter
is a reference to a person having control of the premises or matter in connection
with the carrying on by him of a trade, business or other undertaking (whether for
profit or not).

Annotations:

Modifications etc. (not altering text)

C26Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840, arts. 2–10

C27Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

[F55
General duty of persons in control of certain premises in relation to harmful emissions
into atmosphere. E+W+S+N.I.

(1)[F6Subject to subsection (5) below,] It shall be the duty
of the person having control of any premises of a class prescribed for the purposes
of section 1(1)(d) to use the best practicable means for preventing the emission
into the atmosphere from the premises of noxious or offensive substances and for
rendering harmless and inoffensive such substances as may be so emitted.

(2)The reference in subsection (1) above to the means to be used for the purposes
there mentioned includes a reference to the manner in which the plant provided for
those purposes is used and to the supervision of any operation involving the emission
of the substances to which that subsection applies.

(3)Any substance or a substance of any description prescribed for the purposes of
subsection (1) above as noxious or offensive shall be a noxious or, as the case
may be, an offensive substance for those purposes whether or not it would be so
apart from this subsection.

(4)Any reference in this section to a person having control of any premises is a
reference to a person having control of the premises in connection with the carrying
on by him of a trade, business or other undertaking (whether for profit or not)
and any duty imposed on any such person by this section shall extend only to matters
within his control.

[F7(5)The foregoing provisions of this section shall not
apply in relation to any process which is a prescribed process as from the date
which is the determination date for that process.

(6)For the purposes of subsection (5) above, the “determination date” for a prescribed
process is—

(a) in the case of a process for which an authorisation is granted, the date on which
the enforcing authority grants it, whether in pursuance of the application or, on
an appeal, of a direction to grant it;

(b)in the case of a process for which an authorisation is refused, the date of the
refusal or, on an appeal, of the affirmation of the refusal.

(7)In subsections (5) and (6) above “authorisation”, “enforcing authority” and “prescribed
process” have the meaning given in section 1 of the Environmental Protection Act
1990 and the reference to an appeal is a reference to an appeal under section 15
of that Act.]]

Annotations:

Amendments (Textual)

F5 S. 5 repealed (prosp.) by Environmental Protection
Act 1990 (c. 43, SIF 46:4), ss. 162(2),
164(3), Sch. 16
Pt. I

F6Words in s. 5 inserted (1.4.1991) by Environmental Protection
Act 1990 (c. 43, SIF 46:4), s. 162(1),
Sch.
15 para. 14(a);
S.I. 1991/1042, art.2

F7 S. 5(5)–(7) inserted (1.4.1991) by Environmental Protection
Act 1990 (c. 43, SIF 46:4), s. 162(1),
Sch.
15 para. 14(b);
S.I. 1991/1042, art.2

Modifications etc. (not altering text)

C28Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840, arts. 2–10

C29Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

6 General duties of manufacturers etc. as regards articles and substances for use
at work. E+W+S+N.I.

[F8(1)It shall be the duty of any person who designs,
manufactures, imports or supplies any article for use at work or any article of
fairground equipment—

(a)to ensure, so far as is reasonably practicable, that the article is so designed
and constructed that it will be safe and without risks to health at all times when
it is being set, used, cleaned or maintained by a person at work;

(b)to carry out or arrange for the carrying out of such testing and examination as
may be necessary for the performance of the duty imposed on him by the preceding
paragraph;

(c)to take such steps as are necessary to secure that persons supplied by that person
with the article are provided with adequate information about the use for which
the article is designed or has been tested and about any conditions necessary to
ensure that it will be safe and without risks to health at all such times as are
mentioned in paragraph (a) above and when it is being dismantled or disposed of;
and

(d)to take such steps as are necessary to secure, so far as is reasonably practicable,
that persons so supplied are provided with all such revisions of information provided
to them by virtue of the preceding paragraph as are necessary by reason of its becoming
known that anything gives rise to a serious risk to health or safety.

(1A)It shall be the duty of any person who designs, manufactures, imports or supplies
any article of fairground equipment—

(a)to ensure, so far as is reasonably practicable, that the article is so designed
and constructed that it will be safe and without risks to health at all times when
it is being used for or in connection with the entertainment of members of the public;

(b)to carry out or arrange for the carrying out of such testing and examination as
may be necessary for the performance of the duty imposed on him by the preceding
paragraph;

(c)to take such steps as are necessary to secure that persons supplied by that person
with the article are provided with adequate information about the use for which
the article is designed or has been tested and about any conditions necessary to
ensure that it will be safe and without risks to health at all times when it is
being used for or in connection with the entertainment of members of the public;
and

(2)It shall be the duty of any person who undertakes the design or manufacture of
any article for use at work [F9or
of any article of fairground equipment] to carry out or arrange for the carrying
out of any necessary research with a view to the discovery and, so far as is reasonably
practicable, the elimination or minimisation of any risks to health or safety to
which the design or article may give rise.

(3)It shall be the duty of any person who erects or installs any article for use
at work in any premises where that article is to be used by persons at work [F10or
who erects or installs any article of fairground equipment] to ensure, so far as
is reasonably practicable, that nothing about the way in which [F11the
article is erected or installed makes it unsafe or a risk to health at any such
time as is mentioned in paragraph (a) of subsection (1) or, as the case may be,
in paragraph (a) of subsection (1) or (1A) above.]

[F12(4)It shall be the duty of any person who manufactures,
imports or supplies any substance—

(a)to ensure, so far as is reasonably practicable, that the substance will be safe
and without risks to health at all times when it is being used, handled, processed,
stored or transported by a person at work or in premises to which section 4 above
applies;

(b)to carry out or arrange for the carrying out of such testing and examination as
may be necessary for the performance of the duty imposed on him by the preceding
paragraph

(c)to take such steps as are necessary to secure that persons supplied by that person
with the substance are provided with adequate information about any risks to health
or safety to which the inherent properties of the substance may give rise, about
the results of any relevant tests which have been carried out on or in connection
with the substance and about any conditions necessary to ensure that the substance
will be safe and without risks to health at all such times as are mentioned in paragraph
(a) above and when the substance is being disposed of; and

(5)It shall be the duty of any person who undertakes the manufacture of any [F13substance] to carry out or arrange for the carrying
out of any necessary research with a view to the discovery and, so far as is reasonable
practicable, the elimination or minimisation of any risks to health or safety to
which the substance may give rise [F13at all such times as are
mentioned in paragraph (a) of subsection (4) above].

(6)Nothing in the preceding provisions of this section shall be taken to require
a person to repeat any testing, examination or research which has been carried out
otherwise than by him or at his instance, in so far as it is reasonable for him
to rely on the results thereof for the purposes of those provisions.

(7)Any duty imposed on any person by any of the preceding provisions of this section
shall extend only to things done in the course of a trade, business or other undertaking
carried on by him (whether for profit or not) and to matters within his control.

(8)Where a person designs, manufactures, imports or supplies an article [F14for
use at work or an article of fairground equipment and does so for or to another]
on the basis of a written undertaking by that other to take specified steps sufficient
to ensure, so far as is reasonably practicable, that the article will be safe and
without risks to health [F15at
all such times as are mentioned in paragraph (a) of subsection (1) or, as the case
may be, in paragraph (a) of subsection (1) or (1A) above], the undertaking shall
have the effect of relieving the first-mentioned person from the duty imposed [F16by virtue of that paragraph] to such extent as
is reasonable having regard to the terms of the undertaking.

[F17(8A)Nothing in subsection (7) or (8) above shall relieve
any person who imports any article or substance from any duty in respect of anything
which—

(a)in the case of an article designed outside the United Kingdom, was done by and
in the course of any trade, profession or other undertaking carried on by, or was
within the control of, the person who designed the article; or

(b)in the case of an article or substance manufactured outside the United Kingdom,
was done by and in the course of any trade, profession or other undertaking carried
on by, or was within the control of, the person who manufactured the article or
substance.]

(9)Where a person (“the ostensible supplier”) supplies any [F18article
or substance] to another (“the customer”) under a hire-purchase agreement, conditional
sale agreement or credit-sale agreement, and the ostensible supplier—

(a)carries on the business of financing the acquisition of goods by others by means
of such agreements; and

(b)in the course of that business acquired his interest in the article or substance
supplied to the customer as a means of financing its acquisition by the customer
from a third person (“the effective supplier”),

the effective supplier and not the ostensible supplier shall be treated for the purposes
of this section as supplying the article or substance to the customer, and any duty
imposed by the preceding provisions of this section on suppliers shall accordingly
fall on the effective supplier and not on the ostensible supplier.

[F19(10)For the purposes of this section an absence of
safety or a risk to health shall be disregarded in so far as the case in or in relation
to which it would arise is shown to be one the occurrence of which could not reasonably
be foreseen; and in determining whether any duty imposed by virtue of paragraph
(a) of subsection (1), (1A) or (4) above has been performed regard shall be had
to any relevant information or advice which has been provided to any person by the
person by whom the article has been designed, manufactured, imported or supplied
or, as the case may be, by the person by whom the substance has been manufactured,
imported or supplied.]

Annotations:

Amendments (Textual)

F8 S. 6(1)(1A) substituted for s. 6(1) by Consumer Protection
Act 1987 (c. 43, SIF 109:1), s. 36,
Sch. 3 para.
1(2)

F9Words inserted by
Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para.
1(4)

F10Words inserted by
Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch.
3 para. 1(4)(a)

F11Words substituted by
Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch.
3 para. 1(4)(b)

F12 S. 6(4) substituted by Consumer Protection Act 1987
(c. 43, SIF 109:1), s. 36,
Sch. 3 para.
1(5)

F13Word substituted and words beginning “at all such times…” inserted by
Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch.
3 para. 1(6)(a)(b)

F14Words substituted by
Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch.
3 para. 1(7)(a)

F15Words substituted by
Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch.
3 para. 1(7)(b)

F16Words substituted by
Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch.
3 para. 1(7)(c)

F17 S. 6(8A) inserted by Consumer Protection Act 1987
(c. 43, SIF 109:1), s. 36,
Sch. 3 para.
1(8)

F18Words substituted by
Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para.
1(9)

F19 S. 6(10) substituted by Consumer Protection Act 1987
(c. 43, SIF 109:1), s. 36,
Sch. 3
para. 1(10)

Modifications etc. (not altering text)

C30S. 6 modified by
S.I. 1980/907, reg. 3

C31Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840, arts. 2–10

C32S. 6 modified by
S.I. 1989/1790, reg. 12

C33S. 6 modified (3.8.1992) by S.I. 1992/1524, reg. 3

C34Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

C35S. 6(1) modified ibid., reg. 4

C36S. 6(1)(1A) modified (3.8.1992) by S.I. 1992/1524,
reg. 4

C37S. 6(1) modified (1.1.2000) by S.I. 1999/3232,
reg. 31(1)

C38S. 6(9) applied by S.I. 1989/2169, reg. 3(4), Sch. 3 para. 3

S. 6(9) applied (21.2.2000) by S.I. 2000/128,
reg. 3, Sch. 2

7 General duties of employees at work. E+W+S+N.I.

It shall be the duty of every employee while at work—

(a)to take reasonable care for the health and safety of himself and of other persons
who may be affected by his acts or omissions at work; and

(b)as regards any duty or requirement imposed on his employer or any other person
by or under any of the relevant statutory provisions, to co-operate with him so
far as is necessary to enable that duty or requirement to be performed or complied
with.

Annotations:

Modifications etc. (not altering text)

C39Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840, arts. 2–10

C40S. 7 modified (15.11.2000) by S.I. 2000/2831,
reg. 5(1)

Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

8 Duty not to interfere with or misuse things provided pursuant to certain provisions.
E+W+S+N.I.

No person shall intentionally or recklessly interfere with or misuse anything provided
in the interests of health, safety or welfare in pursuance of any of the relevant
statutory provisions.

Annotations:

Modifications etc. (not altering text)

C41Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840, arts. 2–10

C42Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

9 Duty not to charge employees for things done or provided pursuant to certain specific
requirements. E+W+S+N.I.

No employer shall levy or permit to be levied on any employee of his any charge in
respect of anything done or provided in pursuance of any specific requirement of
the relevant statutory provisions.

Annotations:

Modifications etc. (not altering text)

C43Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840, arts. 2–10

C44Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

The Health and Safety Commission and the Health and Safety Executive

[F2010 Establishment of the Executive. E+W+S+N.I.

(1)There shall be a body corporate to be known as the Health and Safety Executive
(in this Act referred to as “the Executive”).

(2)The provisions of Schedule 2 shall have effect with respect to the Executive.

(3)The functions of the Executive and of its officers and servants shall be performed
on behalf of the Crown.

(4)For the purpose of any civil proceedings arising out of those functions—

(a)in England and Wales and Northern Ireland, the Crown Proceedings Act 1947 shall
apply to the Executive as if it were a government department within the meaning
of that Act, and

(b)in Scotland, the Crown Suits (Scotland) Act 1857 shall apply to the Executive
as if it were a public department within the meaning of that Act.]

Annotations:

Amendments (Textual)

F20 S. 10 substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 4 (with art. 21, Sch. 2)

[F2111 Functions of the Executive. E+W+S+N.I.

(1)It shall be the general duty of the Executive to do such things and make such
arrangements as it considers appropriate for the general purposes of this Part.

(2)In connection with the general purposes of this Part, the Executive shall—

(a)assist and encourage persons concerned with matters relevant to those purposes
to further those purposes;

(b)make such arrangements as it considers appropriate for the carrying out of research
and the publication of the results of research and the provision of training and
information, and encourage research and the provision of training and information
by others;

(c)make such arrangements as it considers appropriate to secure that the following
persons are provided with an information and advisory service on matters relevant
to those purposes and are kept informed of and are adequately advised on such matters—

(i)government departments,

(ii)local authorities,

(iii)employers,

(iv)employees,

(v)organisations representing employers or employees, and

(vi)other persons concerned with matters relevant to the general purposes of this
Part.

(3)The Executive shall submit from time to time to the Secretary of State such proposals
as the Executive considers appropriate for the making of regulations under any of
the relevant statutory provisions.

(4)In subsections (1) to (3)—

(a)references to the general purposes of this Part do not include references to the
railway safety purposes; and

(b)the reference to the making of regulations under the relevant statutory provisions
does not include a reference so far as the regulations are made for the railway
safety purposes.

(5)It shall be the duty of the Executive—

(a)to submit to the Secretary of State from time to time particulars of what it proposes
to do for the purpose of performing of its functions;

(b)to ensure that its activities are in accordance with proposals approved by the
Secretary of State; and

(c)to give effect to any directions given to it by the Secretary of State.

(6)The Executive shall provide a Minister of the Crown on request—

(a)with information about its activities in connection with any matter with which
the Minister is concerned; and

(b)with advice on any matter with which he is concerned, where relevant expert advice
is obtainable from any of the officers or servants of the Executive, but which is
not relevant to the general purposes of this Part.]

Annotations:

Amendments (Textual)

F21 Ss. 11-13 substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 5 (with art. 21, Sch. 2)

[F2212 Control of the Executive by the Secretary
of State. E+W+S+N.I.

(1)The Secretary of State may approve any proposals submitted to him under section
11(5)(a) with or without modifications.

(2)The Secretary of State may at any time give to the Executive—

(a)such directions as he thinks fit with respect to its functions, or

(b)such directions as appear to him requisite or expedient to give in the interests
of the safety of the State.

(3)The Secretary of State may not under subsection (2) give any directions with regard
to the enforcement of the relevant statutory provisions in any particular case.

(4)The reference to directions in subsection (2)(a)—

(a)includes directions modifying the Executive’s functions, but

(b)does not include directions conferring functions on the Executive other than any
functions of which it was deprived by previous directions given under subsection
(2)(a).]

Annotations:

Amendments (Textual)

F22 Ss. 11-13 substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 5 (with art. 21, Sch. 2)

[F2313 Powers of the Executive. E+W+S+N.I.

(1)Subject to subsection (2), the Executive shall have power to do anything which
is calculated to facilitate, or is conducive or incidental to, the performance of
its functions, including a function conferred on it under this subsection.

(2)The power in subsection (1) shall not include the power to borrow money.

(3)The Executive may make agreements with a government department or other person
for that department or person to perform any of its functions, with or without payment.

(4)Subject to subsections (5) and (6), the Executive may make agreements with a Minister
of the Crown, with a government department or with a public authority to perform
functions exercisable by that Minister, department or authority, with or without
payment.

(5)The functions referred to in subsection (4)—

(a)in the case of a Minister of the Crown, include functions not conferred by an
enactment;

(b)shall be functions which the Secretary of State considers can be appropriately
performed by the Executive; and

(c)do not include any power to make regulations or other instruments of a legislative
character.

(6)The Executive may provide services or facilities, with or without payment, otherwise
than for the general purposes of this Part, to a government department or public
authority in connection with the exercise of that department’s or authority’s functions.

(7)The Executive may appoint persons or committees of persons to provide it with
advice in connection with any of its functions and, without prejudice to subsection
(8), it may remunerate these persons.

(8)The Executive may, in connection with the performance of its functions, pay to
any person—

(a)travelling and subsistence allowances, and

(b)compensation for loss of remunerative time.

(9)Any amounts paid under subsections (7) and (8) shall be such as may be determined
by the Secretary of State, with the approval of the Minister for the Civil Service.

(10)The Executive may—

(a)carry out, arrange for, or make payments for the carrying out of, research into
any matter connected with its functions, and

(b)disseminate or arrange for or make payments for the dissemination of information
derived from this research.

(11)The Executive may include, in any arrangements made for the provision of services
or facilities under subsection (6), provision for the making of payments to the
Executive, or any person acting on its behalf, by other parties to the arrangements
and by persons using those services or facilities.]

Annotations:

Amendments (Textual)

F23 Ss. 11-13 substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 5 (with art. 21, Sch. 2)

14 Power of the Commission to direct investigations and inquiries. E+W+S

[F25(a)those general purposes shall be treated as not
including the railway safety purposes; but

(b)it is otherwise ] immaterial whether the Executive is or is not responsible for
securing the enforcement of such (if any) of the relevant statutory provisions as
relate to the matter in question.

[F26(2)The Executive may at any time—

(a)investigate and make a special report on any matter to which this section applies;
or

(b)authorise another person to investigate and make a special report into any such
matter.

(2A)The Executive may at any time, with the consent of the Secretary of State, direct
an inquiry to be held into any matter to which this section applies.]

(3)Any inquiry held by virtue of [F27subsection
(2A)] above shall be held in accordance with regulations made for the purposes of
this subsection by the Secretary of State, and shall be held in public except where
or to the extent that the regulations provide otherwise.

(4)Regulations made for the purposes of subsection (3) above may in particular include
provision—

(a)conferring on the person holding any such inquiry, and any person assisting him
in the inquiry, powers of entry and inspection;

(b)conferring on any such person powers of summoning witnesses to give evidence or
produce documents and power to take evidence on oath and administer oaths or require
the making of declarations;

(c)requiring any such inquiry to be held otherwise than in public where or to the
extent that a Minister of the Crown so directs.

[F28(5)In the case of a special report made by virtue
of subsection (2), or a report made by the person holding an inquiry by virtue of
subsection (2A), the Executive may cause the report, or so much of it as the Executive
thinks fit, to be made public at such time and in such manner as it thinks fit.]

(6)[F29The Executive]—

(a)in the case of an investigation and special report made by virtue of [F30subsection
(2)] above (otherwise than by an officer or servant of the Executive), may pay to
the person making it such remuneration and expenses as the Secretary of State may,
with the approval of the Minister for the Civil Service, determine;

(b)in the case of an inquiry held by virtue of [F31subsection
(2A)] above, may pay to the person holding it and to any assessor appointed to assist
him such remuneration and expenses, and to persons attending the inquiry as witnesses
such expenses, as the Secretary of State may, with the like approval, determine;
and

(c)may, to such extent as the Secretary of State may determine, defray the other
costs, if any, of any such investigation and special report or inquiry.

(7)Where an inquiry is directed to be held by virtue of [F32subsection
(2A)] above into any matter to which this section applies arising in Scotland, being
a matter which causes the death of any person, no inquiry with regard to that death
shall, unless the Lord Advocate otherwise directs, be held in pursuance of the Fatal
Accidents [F33 M1and
Sudden Deaths Inquiry (Scotland) Act 1976.]

Annotations:

Extent Information

E2This version of this provision extends to England and Wales and Scotland only;
a separate version has been created for Northern Ireland only

Amendments (Textual)

F24Words in s. 14(1) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 6(2) (with art. 21, Sch. 2)

F25Words in s. 14(1) substituted (E.W.S.) (1.4.2006)
by
Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para. 4(5)
(with paras. 5, 6); S.I. 2006/266,
art. 2

F26 S. 14(2)(2A) substituted (1.4.2008) for s. 14(2) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 6(3) (with art. 21, Sch. 2)

F27Words in s. 14(3) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 6(4) (with art. 21, Sch. 2)

F28 S. 14(5) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 6(5) (with art. 21, Sch. 2)

F29Words in s. 14(6) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 6(6)(a) (with art. 21, Sch. 2)

F30Words in s. 14(6)(a) substituted (1.4.2008)
by The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960), art. 6(6)(b) (with art. 21, Sch. 2)

F31Words in s. 14(6)(b) substituted (1.4.2008)
by The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960), art. 6(6)(c) (with art. 21, Sch. 2)

F32Words in s. 14(7) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 6(7) (with art. 21, Sch. 2)

F33Words substituted by Fatal Accidents
and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14), Sch. 1 para. 4

Modifications etc. (not altering text)

C45Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840, arts. 2–10

C46Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

C47S. 14 continued (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 21, Sch. 2 para. 6(2)

Marginal Citations

M1 1976
c. 14.

14 Power of the Commission to direct investigations and inquiries. N.I.

(1)This section applies to the following matters, that is to say any accident, occurrence,
situation or other matter whatsoever which [F24the Executive] thinks it necessary
or expedient to investigate for any of the general purposes of this Part or with
a view to the making of regulations for those purposes; and for the purposes of
this subsection it is immaterial whether the Executive is or is not responsible
for securing the enforcement of such (if any) of the relevant statutory provisions
as relate to the matter in question.

[F26(2)The
Executive may at any time—

(a)investigate and make a special report on any matter to which this section applies;
or

(b)authorise another person to investigate and make a special report into any such
matter.

(2A)The Executive may at any time, with the consent of the Secretary of State, direct
an inquiry to be held into any matter to which this section applies.]

(3)Any inquiry held by virtue of [F27subsection (2A)] above shall be held in
accordance with regulations made for the purposes of this subsection by the Secretary
of State, and shall be held in public except where or to the extent that the regulations
provide otherwise.

(4)Regulations made for the purposes of subsection (3) above may in particular include
provision—

(a)conferring on the person holding any such inquiry, and any person assisting him
in the inquiry, powers of entry and inspection;

(b)conferring on any such person powers of summoning witnesses to give evidence or
produce documents and power to take evidence on oath and administer oaths or require
the making of declarations;

(c)requiring any such inquiry to be held otherwise than in public where or to the
extent that a Minister of the Crown so directs.

[F28(5)In
the case of a special report made by virtue of subsection (2), or a report made
by the person holding an inquiry by virtue of subsection (2A), the Executive may
cause the report, or so much of it as the Executive thinks fit, to be made public
at such time and in such manner as it thinks fit.]

(6)[F29The
Executive]—

(a)in the case of an investigation and special report made by virtue of [F30subsection (2)] above (otherwise than
by an officer or servant of the Executive), may pay to the person making it such
remuneration and expenses as the Secretary of State may, with the approval of the
Minister for the Civil Service, determine;

(b)in the case of an inquiry held by virtue of [F31subsection (2A)] above, may pay to the
person holding it and to any assessor appointed to assist him such remuneration
and expenses, and to persons attending the inquiry as witnesses such expenses, as
the Secretary of State may, with the like approval, determine; and

(c)may, to such extent as the Secretary of State may determine, defray the other
costs, if any, of any such investigation and special report or inquiry.

(7)Where an inquiry is directed to be held by virtue of [F32subsection (2A)] above into any matter
to which this section applies arising in Scotland, being a matter which causes the
death of any person, no inquiry with regard to that death shall, unless the Lord
Advocate otherwise directs, be held in pursuance of the Fatal Accidents [F33 M1and
Sudden Deaths Inquiry (Scotland) Act 1976.]

Annotations:

Extent Information

E3This version of this provision extends to Northern Ireland only; a separate version
has been created for England and Wales and Scotland only

Amendments (Textual)

F24Words in s. 14(1) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 6(2) (with art. 21, Sch. 2)

F26 S. 14(2)(2A) substituted (1.4.2008) for s. 14(2) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 6(3) (with art. 21, Sch. 2)

F27Words in s. 14(3) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 6(4) (with art. 21, Sch. 2)

F28 S. 14(5) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 6(5) (with art. 21, Sch. 2)

F29Words in s. 14(6) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 6(6)(a) (with art. 21, Sch. 2)

F30Words in s. 14(6)(a) substituted (1.4.2008)
by The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960), art. 6(6)(b) (with art. 21, Sch. 2)

F31Words in s. 14(6)(b) substituted (1.4.2008)
by The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960), art. 6(6)(c) (with art. 21, Sch. 2)

F32Words in s. 14(7) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 6(7) (with art. 21, Sch. 2)

F33Words substituted by Fatal Accidents
and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14), Sch. 1 para. 4

Modifications etc. (not altering text)

C45Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840, arts. 2–10

C46Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

C47S. 14 continued (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 21, Sch. 2 para. 6(2)

Marginal Citations

M1 1976
c. 14.

Health and safety regulations and approved codes of practice

15 Health and safety regulations. E+W+S+N.I.

[F34(1)Subject to the provisions of section 50, the Secretary
of State F35. . . shall have power to make regulations under
this section for any of the general purposes of this Part (and regulations so made
are in this Part referred to as “health and safety regulations”).]

(2)Without prejudice to the generality of the preceding subsection, health and safety
regulations may for any of the general purposes of this Part make provision for
any of the purposes mentioned in Schedule 3.

(3)Health and safety regulations—

(a)may repeal or modify any of the existing statutory provisions;

(b)may exclude or modify in relation to any specified class of case any of the provisions
of sections 2 to 9 or any of the existing statutory provisions;

(c)may make a specified authority or class of authorities responsible, to such extent
as may be specified, for the enforcement of any of the relevant statutory provisions.

(4)Health and safety regulations—

(a)may impose requirements by reference to the approval of [F36the
Executive] or any other specified body or person;

(b)may provide for references in the regulations to any specified document to operate
as reference to that document as revised or re-issued from time to time.

(5)Health and safety regulations—

(a)may provide (either unconditionally or subject to conditions, and with or without
limit of time) for exemptions from any requirement or prohibition imposed by or
under any of the relevant statutory provisions;

(b)may enable exemptions from any requirement or prohibition imposed by or under
any of the relevant statutory provisions to be granted (either unconditionally or
subject to conditions, and with or without limit of time) by any specified person
or by any person authorised in that behalf by a specified authority.

(6)Health and safety regulations—

(a)may specify the persons or classes of persons who, in the event of a contravention
of a requirement or prohibition imposed by or under the regulations, are to be guilty
of an offence, whether in addition to or to the exclusion of other persons or classes
of persons;

(b)may provide for any specified defence to be available in proceedings for any offence
under the relevant statutory provisions either generally or in specified circumstances;

(c)may exclude proceedings on indictment in relation to offences consisting of a
contravention of a requirement or prohibition imposed by or under any of the existing
statutory provisions, sections 2 to 9 or health and safety regulations;

(d)may restrict the punishments [F37(other
than the maximum fine on conviction on indictment)] which can be imposed in respect
of any such offence as is mentioned in paragraph (c) above.

[F38(e)F39. . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .]

(7)Without prejudice to section 35, health and safety regulations may make provision
for enabling offences under any of the relevant statutory provisions to be treated
as having been committed at any specified place for the purpose of bringing any
such offence within the field of responsibility of any enforcing authority or conferring
jurisdiction on any court to entertain proceedings for any such offence.

(8)Health and safety regulations may take the form of regulations applying to particular
circumstances only or to a particular case only (for example, regulations applying
to particular premises only).

(9)If an Order in Council is made under section 84(3) providing that this section
shall apply to or in relation to persons, premises or work outside Great Britain
then, notwithstanding the Order, health and safety regulations shall not apply to
or in relation to aircraft in flight, vessels, hovercraft or offshore installations
outside Great Britain or persons at work outside Great Britain in connection with
submarine cables or submarine pipelines except in so far as the regulations expressly
so provide.

(10)In this section “specified” means specified in health and safety regulations.

Annotations:

Amendments (Textual)

F34 S. 15(1) substituted by Employment Protection
Act 1975 (c. 71), Sch. 15
para. 6

F35Words in S. 15(1) repealed (27.3.2002) by S.I. 2002/794,
art. 5(2), Sch. 2(with art. 6)

F36Words in s. 15(4)(a) substituted (1.4.2008)
by The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960), art. 7 (with art. 21, Sch. 2)

F37Words inserted by
Criminal Law Act 1977 (c. 45), Sch. 12

F38 S. 15(6)(e) inserted (E.W.S.) (6.3.1992) by Offshore Safety
Act 1992 (c. 15), s. 4(1)(6).

F39 S. 15(6)(e) repealed (16.1.2009) by Health and Safety
(Offences) Act 2008 (c. 20), ss. 2,
3(2),
Sch. 3 para. 2(1), Sch. 4
(with s. 3(3))

Modifications etc. (not altering text)

C48Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840, arts. 2–10

C49S. 15 extended (E.W.S.) (6.3.1992) by Offshore Safety
Act 1992 (c. 15), ss. 1(2),
2(2).

S. 15 extended (31.10.1994) by 1994 c. 21,
s. 55(1)(3) (with s. 40(7)); S.I. 1994/2553,
art. 2

S. 15 applied (19.10.1994) by S.I. 1994/2479,
reg. 3

S. 15 applied (31.1.1995) by S.I. 1994/3247,
reg. 16(1)(a)

C50Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

C51S. 15 modified (20.9.2001) by S.I. 2001/2975,
reg. 19

C52S. 15(1) extended (E.W.S) (2.2.1994) by 1993 c. 43,
ss. 117(3)(6), 150(1)(e); S.I. 1994/202,
art. 2

C53S. 15(7): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(a), 5 (with s. 3(5))

16 Approval of codes of practice by [F40the
Executive]. E+W+S

(1)For the purpose of providing practical guidance with respect to the requirements
of any provision of [F43any
of the enactments or instruments mentioned in subsection (1A) below] , [F40the
Executive] may, subject to the following subsection
F41. . .

(a)approve and issue such codes of practice (whether prepared by it or not) as in
its opinion are suitable for that purpose;

(b)approve such codes of practice issued or proposed to be issued otherwise than
by [F40the
Executive] as in its opinion are suitable for that purpose.

[F44(1A)Those enactments and instruments are—

(a)sections 2 to 7 above;

(b)health and safety regulations, except so far as they make provision exclusively
in relation to transport systems falling within paragraph 1(3) of Schedule 3 to
the Railways Act 2005; and

(c)the existing statutory provisions that are not such provisions by virtue of section
117(4) of the Railways Act 1993.]

(2)[F40The
Executive] shall not approve a code of practice under subsection (1) above without
the consent of the Secretary of State, and shall, before seeking his consent, consult—

(a)any government department or other body that appears to [F40the
Executive] to be appropriate (and, in particular, in the case of a code relating
to electromagnetic radiations, [F42the
Health Protection Agency]); and

(b)such government departments and other bodies, if any, as in relation to any matter
dealt with in the code, [F40the Executive] is required
to consult under this section by virtue of directions given to it by the Secretary
of State.

(3)Where a code of practice is approved by [F40the
Executive] under subsection (1) above, [F40the
Executive] shall issue a notice in writing—

(a)identifying the code in question and stating the date on which its approval by
[F40the
Executive] is to take effect; and

(b)specifying for which of the provisions mentioned in subsection (1) above the code
is approved.

(4)[F40The
Executive] may—

(a)from time to time revise the whole or any part of any code of practice prepared
by it in pursuance of this section;

(b)approve any revision or proposed revision of the whole or any part of any code
of practice for the time being approved under this section;

and the provisions of subsections (2) and (3) above shall, with the necessary modifications,
apply in relation to the approval of any revision under this subsection as they
apply in relation to the approval of a code of practice under subsection (1) above.

(5)[F40The
Executive] may at any time with the consent of the Secretary of State withdraw its
approval from any code of practice approved under this section, but before seeking
his consent shall consult the same government departments and other bodies as it
would be required to consult under subsection (2) above if it were proposing to
approve the code.

(6)Where under the preceding subsection [F40the
Executive] withdraws its approval from a code of practice approved under this section,
[F40the
Executive] shall issue a notice in writing identifying the code in question and
stating the date on which its approval of it is to cease to have effect.

(7)References in this Part to an approved code of practice are references to that
code as it has effect for the time being by virtue of any revision of the whole
or any part of it approved under this section.

(8)The power of [F40the Executive] under subsection
(1)(b) above to approve a code of practice issued or proposed to be issued otherwise
than by [F40the Executive] shall include
power to approve a part of such a code of practice; and accordingly in this Part
“code of practice” may be read as including a part of such a code of practice.

Annotations:

Extent Information

E5This version of this provision extends to England and Wales and Scotland only;
a separate version has been created for Northern Ireland only

Amendments (Textual)

F40Words in s. 16 substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 8 (with art. 21, Sch. 2)

F41Words repealed by
Employment Protection Act 1975 (c. 71), Sch. 18

F42Words in s. 16(2)(a) substituted (1.4.2005)
by
Health Protection Agency Act 2004 (c. 17), s. 11,
Sch.
3 para. 5(2);
S.I. 2005/121, art. 2(2)

F43Words in s. 16(1) substituted (E.W.S.) (1.4.2006)
by
Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para. 9(1);

S.I. 2006/266, art. 2, Sch.

F44 S. 16(1A) inserted (E.W.S.) (1.4.2006) by Railways Act 2005
(c. 14), ss. 2, 60, Sch. 3 para. 9(2);

S.I. 2006/266, art. 2, Sch.

Modifications etc. (not altering text)

C54Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840, arts. 2–10

Ss. 16-21, 23, 24, 26, 28, 33, 34, 36-39, 42(1)-(3),
46 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10

Ss. 16-24, 26, 28, 33-40, 42, 46, 47 excluded (with saving)
(E.W.S.) (1.12.1997) by
S.I. 1997/1840, regs. 7, 9

Ss. 16-26, 33-42, 47 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

C55Ss. 16-21 extended (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1), (2), (3)

Ss. 16-21 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975,
reg. 19(a)

Ss. 16-26 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(a)

C56Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

16 Approval of codes of practice by [F40the Executive]. N.I.

(1)For the purpose of providing practical guidance with respect to the requirements
of any provision of sections 2 to 7 or of health and safety regulations or of any
of the existing statutory provisions, [F40the
Executive] may, subject to the following subsection F41. . .

(a)approve and issue such codes of practice (whether prepared by it or not) as in
its opinion are suitable for that purpose;

(b)approve such codes of practice issued or proposed to be issued otherwise than
by [F40the Executive] as in its
opinion are suitable for that purpose.

(2)[F40The Executive] shall not approve
a code of practice under subsection (1) above without the consent of the Secretary
of State, and shall, before seeking his consent, consult—

(3)Where a code of practice is approved by [F40the
Executive] under subsection (1) above, [F40the
Executive] shall issue a notice in writing—

(a)identifying the code in question and stating the date on which its approval by
[F40the Executive] is to take
effect; and

(b)specifying for which of the provisions mentioned in subsection (1) above the code
is approved.

(4)[F40The Executive] may—

(a)from time to time revise the whole or any part of any code of practice prepared
by it in pursuance of this section;

(b)approve any revision or proposed revision of the whole or any part of any code
of practice for the time being approved under this section;

(5)[F40The Executive] may at any
time with the consent of the Secretary of State withdraw its approval from any code
of practice approved under this section, but before seeking his consent shall consult
the same government departments and other bodies as it would be required to consult
under subsection (2) above if it were proposing to approve the code.

(6)Where under the preceding subsection [F40the
Executive] withdraws its approval from a code of practice approved under this section,
[F40the Executive] shall issue
a notice in writing identifying the code in question and stating the date on which
its approval of it is to cease to have effect.

Annotations:

Extent Information

E4This version of this provision extends to Northern Ireland only; a separate version
has been created for England and Wales and Scotland only

Amendments (Textual)

F40Words in s. 16 substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 8 (with art. 21, Sch. 2)

F41Words repealed by
Employment Protection Act 1975 (c. 71), Sch. 18

F42Words in s. 16(2)(a) substituted (1.4.2005)
by
Health Protection Agency Act 2004 (c. 17), s. 11,
Sch.
3 para. 5(2);
S.I. 2005/121, art. 2(2)

Modifications etc. (not altering text)

C54Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840, arts. 2–10

Ss. 16-21, 23, 24, 26, 28, 33, 34, 36-39, 42(1)-(3),
46 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10

Ss. 16-24, 26, 28, 33-40, 42, 46, 47 excluded (with saving)
(E.W.S.) (1.12.1997) by
S.I. 1997/1840, regs. 7, 9

Ss. 16-26, 33-42, 47 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

C55Ss. 16-21 extended (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1), (2), (3)

Ss. 16-21 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975,
reg. 19(a)

Ss. 16-26 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(a)

C56Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

17 Use of approved codes of practice in criminal proceedings. E+W+S+N.I.

(1)A failure on the part of any person to observe any provision of an approved code
of practice shall not of itself render him liable to any civil or criminal proceedings;
but where in any criminal proceedings a party is alleged to have committed an offence
by reason of a contravention of any requirement or prohibition imposed by or under
any such provision as is mentioned in section 16(1) being a provision for which
there was an approved code of practice at the time of the alleged contravention,
the following subsection shall have effect with respect to that code in relation
to those proceedings.

(2)Any provision of the code of practice which appears to the court to be relevant
to the requirement or prohibition alleged to have been contravened shall be admissible
in evidence in the proceedings; and if it is proved that there was at any material
time a failure to observe any provision of the code which appears to the court to
be relevant to any matter which it is necessary for the prosecution to prove in
order to establish a contravention of that requirement or prohibition, that matter
shall be taken as proved unless the court is satisfied that the requirement or prohibition
was in respect of that matter complied with otherwise than by way of observance
of that provision of the code.

(3)In any criminal proceedings—

(a)a document purporting to be a notice issued by [F45the
Executive] under section 16 shall be taken to be such a notice unless the contrary
is proved; and

(b)a code of practice which appears to the court to be the subject of such a notice
shall be taken to be the subject of that notice unless the contrary is proved.

Annotations:

Amendments (Textual)

F45Words in s. 17(3)(a) substituted (1.4.2008)
by The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960), art. 9 (with art. 21, Sch. 2)

Modifications etc. (not altering text)

C57Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840, arts. 2–10

Ss. 16-21, 23, 24, 26, 28, 33, 34, 36-39, 42(1)-(3),
46 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10

Ss. 16-24, 26, 28, 33-40, 42, 46, 47 excluded (with saving)
(E.W.S.) (1.12.1997) by
S.I. 1997/1840, regs. 7, 9

Ss. 16-26, 33-42, 47 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

Ss. 16-26 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(a)

C58Ss. 16-21 extended (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1)(a), (2)(3)

Ss. 16-21 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975,
reg. 19(a)

C59Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

Enforcement

18 Authorities responsible for enforcement of the relevant statutory provisions.
E+W+S+N.I.

(1)It shall be the duty of the Executive to make adequate arrangements for the enforcement
of the relevant statutory provisions except to the extent that some other authority
or class of authorities is by any of those provisions or by regulations under subsection
(2) below made responsible for their enforcement.

(2)The Secretary of State may by regulations—

(a)make local authorities responsible for the enforcement of the relevant statutory
provisions to such extent as may be prescribed;

(b)make provision for enabling responsibility for enforcing any of the relevant statutory
provisions to be, to such extent as may be determined under the regulations—

(i)transferred from the Executive to local authorities or from local authorities
to the Executive; or

(ii)assigned to the Executive or to local authorities for the purpose of removing
any uncertainty as to what are by virtue of this subsection their respective responsibilities
for the enforcement of those provisions;

and any regulations made in pursuance of paragraph (b) above shall include provision
for securing that any transfer or assignment effected under the regulations is brought
to the notice of persons affected by it.

(3)Any provision made by regulations under the preceding subsection shall have effect
subject to any provision made by health and safety regulations
F46. . . in pursuance of section 15(3)(c).

(4)It shall be the duty of every local authority—

(a)to make adequate arrangements for the enforcement within their area of the relevant
statutory provisions to the extent that they are by any of those provisions or by
regulations under subsection (2) above made responsible for their enforcement; and

(b)to perform the duty imposed on them by the preceding paragraph and any other functions
conferred on them by any of the relevant statutory provisions in accordance with
such guidance as [F47the
Executive] may give them.

[F48(4A)Before the Executive gives guidance under subsection
(4)(b) it shall consult the local authorities.

(4B)It shall be the duty of the Executive and the local authorities—

(a)to work together to establish best practice and consistency in the enforcement
of the relevant statutory provisions;

(b)to enter into arrangements with each other for securing cooperation and the exchange
of information in connection with the carrying out of their functions with regard
to the relevant statutory provisions; and

(c)from time to time to review those arrangements and to revise them when they consider
it appropriate to do so.]

(5)Where any authority other than . . ., the Executive or a local authority is by
any of the relevant statutory provisions
F49. . . made responsible for the enforcement of any of those provisions
to any extent, it shall be the duty of that authority—

(a)to make adequate arrangements for the enforcement of those provisions to that
extent; and

(b)[F50except where that authority is the Office of Rail
Regulation,]to perform the duty imposed on the authority by the preceding paragraph
and any other functions conferred on the authority by any of the relevant statutory
provisions in accordance with such guidance as [F51the
Executive] may give to the authority.

(6)Nothing in the provisions of this Act or of any regulations made thereunder charging
any person in Scotland with the enforcement of any of the relevant statutory provisions
shall be construed as authorising that person to institute proceedings for any offence.

(7)In this Part—

(a)“enforcing authority” means the Executive or any other authority which is by any
of the relevant statutory provisions or by regulations under subsection (2) above
made responsible for the enforcement of any of those provisions to any extent; and

(b)any reference to an enforcing authority’s field of responsibility is a reference
to the field over which that authority’s responsibility for the enforcement of those
provisions extends for the time being;

but where by virtue of [F52subsection
(3) of section 13] the performance of any function of
F53. . . the Executive is delegated to a government department or person,
references to . . . the Executive (or to an enforcing authority where that authority
is the Executive) in any provision of this Part which relates to that function shall,
so far as may be necessary to give effect to any agreement under [F54that
subsection] , be construed as references to that department or person; and accordingly
any reference to the field of responsibility of an enforcing authority shall be
construed as a reference to the field over which that department or person for the
time being performs such a function.

Annotations:

Amendments (Textual)

F46Words repealed by
Employment Protection Act 1975 (c. 71), Sch. 18

F47Words in s. 18(4)(b) substituted (1.4.2008)
by The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960), art. 10(2) (with art. 21, Sch. 2)

F48 S. 18(4A)(4B) inserted (1.4.2008)
by The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960), art. 10(3) (with art. 21, Sch. 2)

F49Words in s. 18(5) repealed (8.6.2005) by Railways Act 2005
(c. 14), ss. 59, 60, Sch. 13 Pt. 1
(with s. 14(4)(5), Sch. 11 para. 11(2));

S.I. 2005/1444, art. 2, Sch. 1

F50Words in s. 18(5)(b) inserted (1.4.2006) by

Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para. 10(3);

S.I. 2006/266, art. 2(2), Sch.

F51Words in s. 18(5)(b) substituted (1.4.2008)
by The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960), art. 10(4) (with art. 21, Sch. 2)

F52Words in s. 18(7) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 10(5)(a) (with art. 21, Sch. 2)

F53Words in s. 18(7) omitted (1.4.2008) by virtue
of The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960), art. 10(5)(c) (with art. 21, Sch. 2)

F54Words in s. 18(7) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 10(5)(b) (with art. 21, Sch. 2)

Modifications etc. (not altering text)

C60Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840, arts. 2–10

Ss. 16-21, 23, 24, 26, 28, 33, 34, 36-39, 42(1)-(3),
46 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10

Ss. 16-24, 26, 28, 33-40, 42, 46, 47 excluded (with saving)
(E.W.S.) (1.12.1997) by
S.I. 1997/1840, regs. 7, 9

Ss. 18-20: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(b), 5 (with s. 3(5))

Ss. 18-27, 33(1)(e)-(i)(n)(o)(2)-(4), 34(2)-(6),
36(1), 37-42, 46 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

Ss. 16-26, 33-42, 47 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

C61S. 18 extended (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1)-(3)

S. 18 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975,
reg. 19(a)

S. 18 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(a)

S. 18 applied (31.3.2002) by S.I. 2002/528,
reg. 10

C62Ss. 18-26 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

C63Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

C64S. 18 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309,
reg. 17

C65S. 18(1) applied (with modifications) (1.4.1999) (with savings) by

S.I. 1999/743, reg. 20(3)(4)

C66S. 18(6) modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C67Ss. 18(6)(7)(b), 19-22, 23(1)(2)(5), 24-26, 33(1)(e)-(h)(o)(2)(2A)(3)(4)(e),
34(3)-(5), 35, 36(1)(2), 37-39, 42 applied (with modifications) (9.1.1995) by
S.I. 1994/3260, reg. 17(3)(5)

C68S. 18(7) applied by Fire Precautions Act 1971
(c. 40, SIF 50), s. 21(3)
as inserted by Fire Safety and Safety of
Places of Sport Act 1987 (c. 27, SIF 50),
s. 11

C69S. 18(7)(b) modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

19 Appointment of inspectors. E+W+S+N.I.

(1)Every enforcing authority may appoint as inspectors (under whatever title it may
from time to time determine) such persons having suitable qualifications as it thinks
necessary for carrying into effect the relevant statutory provisions within its
field of responsibility, and may terminate any appointment made under this section.

(2)Every appointment of a person as an inspector under this section shall be made
by an instrument in writing specifying which of the powers conferred on inspectors
by the relevant statutory provisions are to be exercisable by the person appointed;
and an inspector shall in right of his appointment under this section—

(a)be entitled to exercise only such of those powers as are so specified; and

(b)be entitled to exercise the powers so specified only within the field of responsibility
of the authority which appointed him.

(3)So much of an inspector’s instrument of appointment as specifies the powers which
he is entitled to exercise may be varied by the enforcing authority which appointed
him.

(4)An inspector shall, if so required when exercising or seeking to exercise any
power conferred on him by any of the relevant statutory provisions, produce his
instrument of appointment or a duly authenticated copy thereof.

Annotations:

Modifications etc. (not altering text)

C70S. 19 applied by
S.I. 1989/840, arts. 2-10

C71S. 19 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(b)

S. 19 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10

S. 19 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9

S. 19 applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

S. 19: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(b), 5 (with s. 3(5))

S. 19 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

S. 19 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192,
reg. 15, Sch. 14 para. 1(b);
S. 19 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831,
reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

C72S. 19 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

S. 19 restricted (E.W.S.) (1.4.1996) by 1995 c. 25,
s. 120(1), Sch. 22 para. 30(3)
(with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3

S. 19 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

C73S. 19 extended (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1)(2)(3)

S. 19 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975,
reg. 19(a)

S. 19 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(a) S. 19 applied (31.3.2002) by S.I. 2002/528,
reg. 10

S. 19 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37)

C74S. 19 applied (12.4.1999) by S.I. 1999/743,
reg. 22(7)

C75S. 19 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

C76S. 19 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C77S. 19 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

C78S. 19 applied (with modifications) (E.W.S.) (22.3.2003 for certain
purposes and 22.9.2003 otherwise) by S.I. 2003/403, regs. 1(2), 23(2)(a)(3);
ss. 19-22 applied (with modifications) (E.W.S.) (3.5.2004) by

S.I. 2004/129, reg. 23(3)(a);
s. 19 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309,
reg. 17; s. 19 applied (E.W.S.) (22.4.2005) by

S.I. 2005/928, reg. 4(2)(3)(5)(6);
ss. 19-22 applied (2.4.2006) by S.I. 2006/397,
reg. 34

C79S. 19 applied (with modifications) (E.W.S.) (the amendment coming
into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel
(Safety) Order 2007 (S.I. 2007/3531),
art. 4(2)(3)(a) (subject to (4)-(6))
(with art. 7)

C80S. 19(2)(3) excluded (E.W.S.) (15.2.1999) by 1998 c. 17,
s. 8(2)(c), (with s. 9(1)(2), Sch. 3 para. 5); S.I. 1999/161,
art. 2(1)(2)

20 Powers of inspectors. E+W+S+N.I.

(1)Subject to the provisions of section 19 and this section, an inspector may, for
the purpose of carrying into effect any of the relevant statutory provisions within
the field of responsibility of the enforcing authority which appointed him, exercise
the powers set out in subsection (2) below.

(2)The powers of an inspector referred to in the preceding subsection are the following,
namely—

(a)at any reasonable time (or, in a situation which in his opinion is or may be dangerous,
at any time) to enter any premises which he has reason to believe it is necessary
for him to enter for the purpose mentioned in subsection (1) above;

(b)to take with him a constable if he has reasonable cause to apprehend any serious
obstruction in the execution of his duty;

(c)without prejudice to the preceding paragraph, on entering any premises by virtue
of paragraph (a) above to take with him—

(i)any other person duly authorised by his (the inspector’s) enforcing authority;
and

(ii)any equipment or materials required for any purpose for which the power of entry
is being exercised;

(d)to make such examination and investigation as may in any circumstances be necessary
for the purpose mentioned in subsection (1) above;

(e)as regards any premises which he has power to enter, to direct that those premises
or any part of them, or anything therein, shall be left undisturbed (whether generally
or in particular respects) for so long as is reasonably necessary for the purpose
of any examination or investigation under paragraph (d) above;

(f)to take such measurements and photographs and make such recordings as he considers
necessary for the purpose of any examination or investigation under paragraph (d)
above;

(g)to take samples of any articles or substances found in any premises which he has
power to enter, and of the atmosphere in or in the vicinity of any such premises;

(h)in the case of any article or substance found in any premises which he has power
to enter, being an article or substance which appears to him to have caused or to
be likely to cause danger to health or safety, to cause it to be dismantled or subjected
to any process or test (but not so as to damage or destroy it unless this is in
the circumstances necessary for the purpose mentioned in subsection (1) above);

(i)in the case of any such article or substance as is mentioned in the preceding
paragraph, to take possession of it and detain it for so long as is necessary for
all or any of the following purposes, namely—

(i)to examine it and do to it anything which he has power to do under that paragraph;

(ii)to ensure that it is not tampered with before his examination of it is completed;

(iii)to ensure that it is available for use as evidence in any proceedings for an
offence under any of the relevant statutory provisions or any proceedings relating
to a notice under section 21 or 22;

(j)to require any person whom he has reasonable cause to believe to be able to give
any information relevant to any examination or investigation under paragraph (d)
above to answer (in the absence of persons other than a person nominated by him
to be present and any persons whom the inspector may allow to be present) such questions
as the inspector thinks fit to ask and to sign a declaration of the truth of his
answers;

(k)to require the production of, inspect, and take copies of or of any entry in—

(i)any books or documents which by virtue of any of the relevant statutory provisions
are required to be kept; and

(ii)any other books or documents which it is necessary for him to see for the purposes
of any examination or investigation under paragraph (d) above;

(l)to require any person to afford him such facilities and assistance with respect
to any matters or things within that person’s control or in relation to which that
person has responsibilities as are necessary to enable the inspector to exercise
any of the powers conferred on him by this section;

(m)any other power which is necessary for the purpose mentioned in subsection (1)
above.

(3)The Secretary of State may by regulations make provision as to the procedure to
be followed in connection with the taking of samples under subsection (2)(g) above
(including provision as to the way in which samples that have been so taken are
to be dealt with).

(4)Where an inspector proposes to exercise the power conferred by subsection (2)(h)
above in the case of an article or substance found in any premises, he shall, if
so requested by a person who at the time is present in and has responsibilities
in relation to those premises, cause anything which is to be done by virtue of that
power to be done in the presence of that person unless the inspector considers that
its being done in that person’s presence would be prejudicial to the safety of the
State.

(5)Before exercising the power conferred by subsection (2)(h) above in the case of
any article or substance, an inspector shall consult such persons as appear to him
appropriate for the purpose of ascertaining what dangers, if any, there may be in
doing anything which he proposes to do under that power.

(6)Where under the power conferred by subsection (2)(i) above an inspector takes
possession of any article or substance found in any premises, he shall leave there,
either with a responsible person or, if that is impracticable, fixed in a conspicuous
position, a notice giving particulars of that article or substance sufficient to
identify it and stating that he has taken possession of it under that power; and
before taking possession of any such substance under that power an inspector shall,
if it is practicable for him to do so, take a sample thereof and give to a responsible
person at the premises a portion of the sample marked in a manner sufficient to
identify it.

(7)No answer given by a person in pursuance of a requirement imposed under subsection
(2)(j) above shall be admissible in evidence against that person or the [F55spouse
or civil partner] of that person in any proceedings.

(8)Nothing in this section shall be taken to compel the production by any person
of a document of which he would on grounds of legal professional privilege be entitled
to withhold production on an order for discovery in an action in the High Court
or, as the case may be, on an order for the production of documents in an action
in the Court of Session.

Annotations:

Amendments (Textual)

F55Words in s. 20(7) substituted (5.12.2005) by Civil Partnership
Act 2004 (c. 33), ss. 261(1),
263, Sch. 27 para.
49;
S.I. 2005/3175, art. 2(2)

Modifications etc. (not altering text)

C81S. 20 applied by
S.I. 1989/840, arts. 2-10

S. 20 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10

S. 20 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9

S. 20 applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

S. 20: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(b), 5 (with s. 3(5))

S. 20 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

S. 20 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192,
reg. 15, Sch. 14 para. 1(b)

S. 20 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831,
reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 20 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

C82S. 20 modified by
Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 para. 6(4)

S. 20 applied (E.W.S.) (15.12.1999) by 1998 c. 17,
s. 8(1), (with s. 9(1)(2), Sch. 3 para. 5(1)); S.I. 1999/161,
art. 2(1)(2)

C83S. 20 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(b)

C84S. 20 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C85S. 20 extended (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1), (2)(3)

S. 20 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975,
reg. 19(a)

S. 20 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(a)

S. 20 applied (31.3.2002) by S.I. 2002/528,
reg. 10

S. 20 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37)

C86Ss. 18-26 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

C87S. 20 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C88S. 20 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

C89S. 20 applied (with modifications) (E.W.S.) (22.3.2003 for certain
purposes and 22.9.2003 otherwise) by S.I. 2003/403, regs. 1(2), 23(2)(a)(3);
s. 19-22 applied (with modifications) (E.W.S.) (3.5.2004) by

S.I. 2004/129, reg. 23(3)(a);
s. 20 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309,
reg. 17; s. 20 applied (E.W.S.) (22.4.2005) by

S.I. 2005/928, reg. 4(2)(3)(5)(6);
ss. 19-22 applied (2.4.2006) by S.I. 2006/397,
reg. 34

C90S. 20 applied (with modifications) (E.W.S.) (the amendment coming
into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel
(Safety) Order 2007 (S.I. 2007/3531),
art. 4(2)(3)(a) (subject to (4)-(6))
(with art. 7)

21 Improvement notices. E+W+S+N.I.

If an inspector is of the opinion that a person—

(a)is contravening one or more of the relevant statutory provisions; or

(b)has contravened one or more of those provisions in circumstances that make it
likely that the contravention will continue or be repeated,

he may serve on him a notice (in this Part referred to as “an improvement notice”)
stating that he is of that opinion, specifying the provision or provisions as to
which he is of that opinion, giving particulars of the reasons why he is of that
opinion, and requiring that person to remedy the contravention or, as the case may
be, the matters occasioning it within such period (ending not earlier than the period
within which an appeal against the notice can be brought under section 24) as may
be specified in the notice.

Annotations:

Modifications etc. (not altering text)

C91S. 21applied by
S.I. 1989/840, arts. 2-10

S. 21 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10

S. 21 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9

S. 21 applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

S. 21: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(c), 5 (with s. 3(5))

S. 21 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

S. 21 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192,
reg. 15, Sch. 14 para. 1(b) S. 21 applied (with modifications) (E.W.S.)
(1.7.1997) by
S.I. 1997/831, reg. 19(1)-(4),
Sch. 15 para. 1(a)(b)

S. 21 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

C92S. 21 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6, para. 1(b)

S. 21 applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 13(1)

C93S. 21 modified (6.4.1992) by S.I.1992/711,
reg. 28(3)(b)(5)(a)

S. 21 modified (E.W.S.) (1.4.1996) by 1995 c. 25,
s. 120(1), Sch. 22 para. 30(4)
(with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3

C94S. 21 extended (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1)-(3)

S. 21 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975,
reg. 19(a)

S. 21 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(a)

S. 21 applied (31.3.2002) by S.I. 2002/528,
reg. 10

S. 21 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37)

C95S. 21 applied (1.4.1999) by S.I. 1999/743, reg. 20(5)

C96S. 21 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

C97S. 21 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C98S. 21 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

C99S. 19-22 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(a) ; s. 21 applied (with modifications) (E.W.S.)
(9.6.2004) by
S.I. 2004/1309, reg. 17; ss. 19-22 applied (2.4.2006)
by
S.I. 2006/397, reg. 34

C100S. 21 applied (with modifications) (E.W.S.) (the amendment coming
into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel
(Safety) Order 2007 (S.I. 2007/3531),
art. 4(2)(3)(b) (subject to (4)-(6))
(with art. 7)

22 Prohibition notices. E+W+S+N.I.

(1)This section applies to any activities which are being or are [F56likely]
to be carried on by or under the control of any person, being activities to or in
relation to which any of the relevant statutory provisions apply or will, if the
activities are so carried on, apply.

(2)If as regards any activities to which this section applies an inspector is of
the opinion that, as carried on or [F56likely] to be carried
on by or under the control of the person in question, the activities involve or,
as the case may be, will involve a risk of serious personal injury, the inspector
may serve on that person a notice (in this Part referred to as “a prohibition notice”).

(3)A prohibition notice shall—

(a)state that the inspector is of the said opinion;

(b)specify the matters which in his opinion give or, as the case may be, will give
rise to the said risk;

(c)where in his opinion any of those matters involves or, as the case may be, will
involve a contravention of any of the relevant statutory provisions, state that
he is of that opinion, specify the provision or provisions as to which he is of
that opinion, and give particulars of the reasons why he is of that opinion; and

(d)direct that the activities to which the notice relates shall not be carried on
by or under the control of the person on whom the notice is served unless the matters
specified in the notice in pursuance of paragraph (b) above and any associated contraventions
of provisions so specified in pursuance of paragraph (c) above have been remedied.

[F57(4)A direction contained in a prohibition notice in
pursuance of subsection (3)(d) above shall take effect—

(a)at the end of the period specified in the notice; or

(b)if the notice so declares, immediately.]

Annotations:

Amendments (Textual)

F56Word substituted by
Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para.
2(a)

F57 S. 22(4) substituted by Consumer Protection Act 1987
(c. 43, SIF 109:1), s. 36,
Sch. 3 para.
2(b)

Modifications etc. (not altering text)

C101S. 22 applied by
S.I. 1989/840, arts. 2-10

S. 22 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9

S. 22 applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

S. 22: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(c), 5 (with s. 3(5))

S. 22 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

S. 22 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192,
reg. 15, Sch. 14 para. 1(b) S. 22 applied (with modifications) (E.W.S.)
(1.7.1997) by
S.I. 1997/831, reg. 19(1)-(4),
Sch. 15 para. 1(a)(b)

S. 22 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

C102S. 22 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(b)

S. 21 applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 13(1)

C103S. 22 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

S. 22 modified (E.W.S.) (1.4.1996) by 1995 c. 25,
s. 120(1), Sch. 22 para. 30(4)
(with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3

S. 22 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(a)

S. 22 applied (31.3.2002) by S.I. 2002/528,
reg. 10

S. 22 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37)

C104S. 22 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

C105S. 22 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C106S. 22 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

C107S. 19-22 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(a); s. 22 applied (with modifications) (E.W.S.)
(9.6.2004) by
S.I. 2004/1309, reg. 17; ss. 19-22 applied (2.4.2006)
by
S.I. 2006/397, reg. 34

C108S. 22 applied (with modifications) (E.W.S.) (the amendment coming
into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel
(Safety) Order 2007 (S.I. 2007/3531),
art. 4(2)(3)(b) (subject to (4)-(6))
(with art. 7)

23 Provisions supplementary to ss. 21 and 22. E+W

(1)In this section “a notice” means an improvement notice or a prohibition notice.

(2)A notice may (but need not) include directions as to the measures to be taken
to remedy any contravention or matter to which the notice relates; and any such
directions—

(a)may be framed to any extent by reference to any approved code of practice; and

(b)may be framed so as to afford the person on whom the notice is served a choice
between different ways of remedying the contravention or matter.

(3)Where any of the relevant statutory provisions applies to a building or any matter
connected with a building and an inspector proposes to serve an improvement notice
relating to a contravention of that provision in connection with that building or
matter, the notice shall not direct any measures to be taken to remedy the contravention
of that provision which are more onerous than those necessary to secure conformity
with the requirements of any building regulations for the time being in force to
which that building or matter would be required to conform if the relevant building
were being newly erected unless the provision in question imposes specific requirements
more onerous than the requirements of any such building regulations to which the
building or matter would be required to conform as aforesaid.

In this subsection “the relevant building”, in the case of a building, means that
building, and, in the case of a matter connected with a building, means the building
with which the matter is connected.

(4)Before an inspector serves in connection with any premises used or about to be
used as a place of work a notice requiring or likely to lead to the taking of measures
affecting the means of escape in case of fire with which the premises are or ought
to be provided, he shall consult the [F58fire
and rescue authority] .

In this subsection [F58fire and rescue authority][F59, in relation to premises, means—

(a)where the Regulatory Reform (Fire Safety) Order 2005 applies to the premises,
the enforcing authority within the meaning given by article 25 of that Order;

(b)in any other case, the fire and rescue authority under the Fire and Rescue Services
Act 2004 for the area where the premises are (or are to be) situated.]

(5)Where an improvement notice or a prohibition notice which is not to take immediate
effect has been served—

(a)the notice may be withdrawn by an inspector at any time before the end of the
period specified therein in pursuance of section 21 or section 22(4) as the case
may be; and

(b)the period so specified may be extended or further extended by an inspector at
any time when an appeal against the notice is not pending.

(6)In the application of this section to Scotland—

(a)in subsection (3) for the words from “with the requirements” to “aforesaid” there
shall be substituted the words—

“(a)to any provisions of the building standards regulations to which that building
or matter would be required to conform if the relevant building were being newly
erected; or

(b)where the sheriff, on an appeal to him under section 16 of the Building (Scotland)
Act 1959—

(i)against an order under section 10 of that Act requiring the execution of operations
necessary to make the building or matter conform to the building standards regulations,
or

(ii)against an order under section 11 of that Act requiring the building or matter
to conform to a provision of such regulations,

has varied the order, to any provisions of the building standards regulations referred
to in paragraph (a) above as affected by the order as so varied,

unless the relevant statutory provision imposes specific requirements more onerous
than the requirements of any provisions of building standards regulations as aforesaid
or, as the case may be, than the requirements of the order as varied by the sheriff.”;

(b)after subsection (5) there shall be inserted the following subsection—

“(5A)In subsection (3) above ”building standards regulations’ has the same meaning
as in section 3 of the Building (Scotland) Act 1959.”.

Annotations:

Extent Information

E6This version of this provision extends to England Wales only; separate versions
have been created for Northern Ireland only and Scotland only

Amendments (Textual)

F58Words in s. 23(4) substituted (E.W.) (1.10.2004
for E. and 10.11.2004 for W.) by Fire and Rescue Services Act
2004 (c. 21), s. 53,
Sch.
1 para. 44;
S.I. 2004/2304, art. 2, (with art.
3);
S.I. 2004/2917, art. 2

F59 S. 23(4)(a)(b) and preceding words
substituted (E.W.) (1.4.2006) for words by The Regulatory
Reform (Fire Safety) Order 2005 (S.I. 2005/1541),
art. 53(1),
Sch. 2 para. 9, (with art. 49)

Modifications etc. (not altering text)

C109S. 23 applied by
S.I. 1989/840, arts. 2-10

S. 23 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9 S. 23 extended (E.W.S.)
(1.10.1996) by
S.I. 1996/1513, reg. 10

S. 23: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(c), 5 (with s. 3(5))

S. 23 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

S. 23 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192,
reg. 15, Sch. 14 para. 1(b)

S. 23 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831,
reg. 19(1)-(4),
Sch. 15 para. 1(a)(b) Ss. 23 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

Ss. 23 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(a)

S. 23 applied (31.3.2002) by S.I. 2002/528,
reg. 10

S. 23 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37)

C110S. 23 applied (with modifications) (1.1.1993) by S.I.1992/3073,
reg. 28, Sch. 6 para. 1(b)

C111Ss. 19-28 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

S. 23 modified (E.W.S.) (1.4.1996) by 1995 c. 25,
s. 120(1), Sch. 22 para. 30(4)
(with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3

C112S. 23 extended (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1)(b), (2)(3)

C113Ss. 23 extended (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

C114S. 23 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C115S. 23 applied (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

C116S. 23 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975,
reg. 19(b)

C117S. 23 applied (with modifications) (3.5.2004) by The Cableway Installations
Regulations 2004 (S.I. 2004/129),
reg. 23(3)(b)

C118S. 23 applied (with modifcations) (9.6.2004) by S.I. 2004/1309,
reg. 17; s. 23 applied (E.W.S) (2.4.2006) by S.I. 2006/397,
reg. 34

C119S. 23 applied (with modifications) (E.W.S.) (the amendment coming
into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel
(Safety) Order 2007 (S.I. 2007/3531),
art. 4(2)(3)(c) (subject to (4)-(6))
(with art. 7)

C120S. 23(1) applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C121S. 23(2) applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C122S. 23(4) applied (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(5)

C123S. 23(5) applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

23 Provisions supplementary to ss. 21 and 22. N.I.

(1)In this section “a notice” means an improvement notice or a prohibition notice.

(2)A notice may (but need not) include directions as to the measures to be taken
to remedy any contravention or matter to which the notice relates; and any such
directions—

(a)may be framed to any extent by reference to any approved code of practice; and

(b)may be framed so as to afford the person on whom the notice is served a choice
between different ways of remedying the contravention or matter.

In this subsection “fire authority” has the meaning assigned by section 43(1) of
the M2Fire
Precautions Act 1971.