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


F2
Words 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


F4
Words 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


F6
Words 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

(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.]

(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

(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.]

(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)


F9
Words inserted by
Consumer Protection Act 1987 (c. 43, SIF 109:1)
, s. 36, Sch. 3 para.
1(4)


F10
Words inserted by
Consumer Protection Act 1987 (c. 43, SIF 109:1)
, s. 36, Sch.
3 para. 1(4)(a)


F11
Words 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)


F13
Word 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)


F14
Words substituted by
Consumer Protection Act 1987 (c. 43, SIF 109:1)
, s. 36, Sch.
3 para. 1(7)(a)


F15
Words substituted by
Consumer Protection Act 1987 (c. 43, SIF 109:1)
, s. 36, Sch.
3 para. 1(7)(b)


F16
Words 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)


F18
Words 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

(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

[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 [F33M1and
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)


F24
Words 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)


F25
Words 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)


F27
Words 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)


F29
Words 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)


F30
Words 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)


F31
Words 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)


F32
Words 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)


F33
Words 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 [F33M1and
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)


F24
Words 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)


F27
Words 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)


F29
Words 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)


F30
Words 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)


F31
Words 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)


F32
Words 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)


F33
Words 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


F35
Words in S. 15(1) repealed (27.3.2002) by S.I. 2002/794,
art. 5(2), Sch. 2(with art. 6)


F36
Words 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)


F37
Words 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)


F40
Words 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)


F41
Words repealed by
Employment Protection Act 1975 (c. 71)
, Sch. 18


F42
Words 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)


F43
Words 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—

(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

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)


F40
Words 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)


F41
Words repealed by
Employment Protection Act 1975 (c. 71)
, Sch. 18


F42
Words 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)


F45
Words 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)


F46
Words repealed by
Employment Protection Act 1975 (c. 71)
, Sch. 18


F47
Words 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)


F49
Words 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


F50
Words 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.


F51
Words 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)


F52
Words 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)


F53
Words 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)


F54
Words 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)


F55
Words 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)


F56
Word 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)


F58
Words 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.

(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 fire authority.

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

(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

E8This version of this provision extends to Northern Ireland only; separate versions
have been created for England and Wales and Scotland only

Modifications etc. (not altering text)

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

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

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

C132S. 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)

S. 23 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

S. 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)

C133S. 23 applied (with modifications) (1.1.1993) by S.I.1992/3073,
reg. 28, Sch. 6 para. 1(b)

C134Ss. 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

C135S. 23 extended (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

C136S. 23 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C137S. 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)

C138S. 23 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975,
reg. 19(b)

C139S. 23(1) applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C140S. 23(2) applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C141S. 23(5) applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

Marginal Citations


M2
1971
c. 40
.

23 Provisions supplementary to ss. 21 and 22. S

(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

[F60(a)where
Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the premises,
the enforcing authority (as defined in section 61(9) of that Act);

(b)in any other case, the relevant authority (as defined in section 6 of that Act)
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

E7This version of this provision extends to Scotland only; separate versions have
been created for England and Wales only and Northern Ireland only

Amendments (Textual)


F60
By The Fire (Scotland)
Act 2005 (Consequential Modifications and Savings) Order 2006 (S.I. 2006/475)
,
art. 2(1), Sch. 1 para. 6 it is provided (1.10.2006) that in s. 23(4)
for the words from “the authority” to the end there is substituted (S.) s. 23(4)(a)(b)

Modifications etc. (not altering text)

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)

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

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

C124S. 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)

S. 23 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

S. 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

C125Ss. 19-28 applied (with modifications) (1.1.1993) by S.I.1992/3073,
reg. 28, Sch. 6 para. 1(b)

C126Ss. 19-28 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

Ss. 21-23 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

C127Ss. 19-28 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C128S. 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)

C129S. 23(1) applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C130S. 23(2) applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C131S. 23(5) applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

24 Appeal against improvement or prohibition notice. E+W+S+N.I.

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

(2)A person on whom a notice is served may within such period from the date of its
service as may be prescribed appeal to an [F61employment
tribunal]; and on such an appeal the tribunal may either cancel or affirm the notice
and, if it affirms it, may do so either in its original form or with such modifications
as the tribunal may in the circumstances think fit.

(3)Where an appeal under this section is brough against a notice within the period
allowed under the preceding subsection, then—

(a)in the case of an improvement notice, the bringing of the appeal shall have the
effect of suspending the operation of the notice until the appeal is finally disposed
of or, if the appeal is withdrawn, until the withdrawal of the appeal;

(b)in the case of a prohibition notice, the bringing of the appeal shall have the
like effect if, but only if, on the application of the appellant the tribunal so
directs (and then only from the giving of the direction).

(4)One or more assessors may be appointed for the purposes of any proceedings brought
before an [F61employment tribunal] under
this section.

Annotations:

Amendments (Textual)


F61
Words in s. 24(2)(4) substituted (1.8.1998)
by
1998 c. 8
, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658,
art. 2(1), Sch. 1

Modifications etc. (not altering text)

C142S. 24 applied by
S.I. 1989/840
, arts. 2-10

S. 24 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9

S. 24 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10

S. 24 applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

S. 24: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(c), 5 (with s. 3(5))

S. 24 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

S. 24 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192,
reg. 15, Sch. 14 para. 1(b)

S. 24 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. 24
applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

S. 24 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(a)

S. 24 applied (31.3.2002) by S.I. 2002/528,
reg. 10

S. 24 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37)

C143S. 24 applied (with modifications) (1.1.1993) by S.I.1992/3073,
reg. 28, Sch. 6 para. 1(b)

C144S. 24 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C145S. 24 applied (1.4.1999) by S.I. 1999/743, reg. 18(6)

C146S. 24 excluded (1.4.1999) by S.I. 1999/743,
reg. 22(6)(c)

C147S. 24 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

C148S. 24 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C149S. 24 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)

C150S. 24 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975,
reg. 19(b)

C151S. 24 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(b); s. 24 applied (with modifications) (E.W.S.)
(9.6.2004) by
S.I. 2004/1309
, reg. 17; s. 24 applied (2.4.2006) by S.I. 2006/397,
reg. 34

C152S. 24 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)(d)
(subject to (4)-(6))
(with art. 7)

25 Power to deal with cause of imminent danger. E+W+S+N.I.

(1)Where, in the case of any article or substance found by him in any premises which
he has power to enter, an inspector has reasonable cause to believe that, in the
circumstances in which he finds it, the article or substance is a cause of imminent
danger of serious personal injury, he may seize it and cause it to be rendered harmless
(whether by destruction or otherwise).

(2)Before there is rendered harmless under this section—

(a)any article that forms part of a batch of similar articles; or

(b)any substance,

the inspector shall, if it is practicable for him to do so, take a sample thereof
and give to a responsible person at the premises where the article or substance
was found by him a portion of the sample marked in a manner sufficient to identify
it.

(3)As soon as may be after any article or substance has been seized and rendered
harmless under this section, the inspector shall prepare and sign a written report
giving particulars of the circumstances in which the article or substance was seized
and so dealt with by him, and shall—

(a)give a signed copy of the report to a responsible person at the premises where
the article or substance was found by him; and

(b)unless that person is the owner of the article or substance, also serve a signed
copy of the report on the owner;

and if, where paragraph (b) above applies, the inspector cannot after reasonable
enquiry ascertain the name or address of the owner, the copy may be served on him
by giving it to the person to whom a copy was given under the preceding paragraph.

Annotations:

Modifications etc. (not altering text)

C153S. 25 applied by
S.I. 1989/840
, arts. 2-10

S. 25 applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

S. 25: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(d), 5 (with s. 3(5))

S. 25 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

S. 25 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192,
reg. 15, Sch. 14 para. 1(b)

S. 25 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. 25 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

S. 25 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(a)

S. 25 applied (31.3.2002) by S.I. 2002/528,
reg. 10

C154Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(b)

C155S. 25 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C156S. 25 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

C157S. 25 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C158S. 25 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)

C159S. 25 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309,
reg. 17

C160S. 25 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)(e)
(subject to (4)-(6))
(with art. 7)

[F6225A Power of customs officer to detain articles
and substances. E+W+S+N.I.

(1)A customs officer may, for the purpose of facilitating the exercise or performance
by any enforcing authority or inspector of any of the powers or duties of the authority
or inspector under any of the relevant statutory provisions, seize any imported
article or imported substance and detain it for not more than two working days.

(2)Anything seized and detained under this section shall be dealt with during the
period of its detention in such manner as the Commissioners of Customs and Excise
may direct.

(3)In subsection (1) above the reference to two working days is a reference to a
period of forty-eight hours calculated from the time when the goods in question
are seized but disregarding so much of any period as falls on a Saturday or Sunday
or on Christmas Day, Good Friday or a day which is a bank holiday under the Banking
and Financial Dealings Act M31971 in the part of Great Britain where the goods
are seized.]

Annotations:

Amendments (Textual)


F62
S. 25A inserted by Consumer Protection Act 1987
(c. 43, SIF 109:1)
, s. 36,
Sch. 3 para. 3

Modifications etc. (not altering text)

C161Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(b)

Ss. 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)

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. 19-28, 33-35, 38, 39, 41, 42 applied (with modifications)
(E.W.S.) (1.3.1996) by
S.I. 1996/192
, reg. 15, Sch. 14 para. 1(b)

Ss. 19-28, 33-35, 38, 39, 41, 42 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. 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)

Ss. 18-26 applied (31.3.2002) by S.I. 2002/528,
reg. 10

C162Ss. 19-28 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C163Ss. 18-26 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

C164Ss. 19-28 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C165Ss. 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)

C166S. 25A applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(c); s. 25A applied (with modifications)
(E.W.S.) (22.4.2005) by
S.I. 2005/928
, {reg. 4(2)-(6}

Marginal Citations


M3
1971
c.80

26 Power of enforcing authorities to indemnify their inspectors. E+W+S+N.I.

Where an action has been brought against an inspector in respect of an act done in
the execution or purported execution of any of the relevant statutory provisions
and the circumstances are such that he is not legally entitled to require the enforcing
authority which appointed him to indemnify him, that authority may, nevertheless,
indemnify him against the whole or part of any damages and costs or expenses which
he may have been ordered to pay or may have incurred, if the authority is satisfied
that he honestly believed that the act complained of was within his powers and that
his duty as an inspector required or entitled him to do it.

Annotations:

Modifications etc. (not altering text)

C167S. 26 applied by
S.I. 1989/840
, arts. 2-10

S. 26 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9

S. 26 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10

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

S. 26 applied (31.3.2002) by S.I. 2002/528,
reg. 10

S. 26 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37)

S. 26 applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

S. 26: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(b), 5 (with s. 3(5)) S. 26 applied
(with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

S. 26 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192,
reg. 15, Sch. 14 para. 1(b)

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

C168S. 26 applied (with modifications) (1.1.1993) by S.I.1992/3073,
reg. 28, Sch. 6 para. 1(b)

C169S. 26 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C170S. 26 extended (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1)(c), (2)(3)

C171S. 26 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

C172S. 26 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C173S. 26 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)

C174S. 26 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975,
reg. 19(c)

C175S. 26 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. 26 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(c); s. 26 applied (with modifications) (E.W.S.)
(9.6.2004) by
S.I. 2004/1309
, reg. 17; s. 26 applied (E.W.S.) (22.4.2005)
by
S.I. 2005/928
, reg. 4(2)(3)(5)(6);
s. 26 applied (2.4.2006) by S.I. 2006/397,
reg. 34

C176S. 26 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)(f)
(subject to (4)-(6))
(with art. 7)

Obtaining and disclosure of information

27 Obtaining of information by the Commission, the Executive, enforcing authorities
etc. E+W+S+N.I.

(1)For the purpose of obtaining—

(a)any information which [F63the
Executive] needs for the discharge of its functions; or

(b)any information which an enforcing authority needs for the discharge of the authority’s
functions,

[F63the
Executive] may, with the consent of the Secretary of State, serve on any person
a notice requiring that person to furnish to [F63the
Executive] or, as the case may be, to the enforcing authority in question such information
about such matters as may be specified in the notice, and to do so in such form
and manner and within such time as may be so specified.

In this subsection “consent” includes a general consent extending to cases of any
stated description.

(2)Nothing in section 9 of the M4Statistics
of Trade Act 1947 (which restricts the disclosure of information obtained under
that Act) shall prevent or penalise—

(a)the disclosure by a Minister of the Crown to
F64
. . . the Executive of information obtained under that Act about any undertaking
within the meaning of that Act, being information consisting of the names and address
of the persons carrying on the undertaking, the nature of the undertaking’s activities,
the numbers of persons of different descriptions who work in the undertaking, the
addresses or places where activities of the undertaking are or were carried on,
the nature of the activities carried on there, or the numbers of person of different
descriptions who work or worked in the undertaking there;
F65
. . .

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F66(3)In the preceding subsection, any reference to
a Minister of the Crown or the Executive includes respectively a reference to an
officer of that person or of that body and also, in the case of a reference to the
Executive, includes a reference to—

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

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

(c)an adviser appointed under section 13(7).]

(4)A person to whom information is disclosed in pursuance of subsection (2) above
shall not use the information for a purpose other than a purpose
F67
. . . of the Executive.

Annotations:

Amendments (Textual)


F63
Words in s. 27(1) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 11(2) (with art. 21, Sch. 2)


F64
Words in s. 27(2) omitted (1.4.2008) by virture
of The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 11(3) (with art. 21, Sch. 2)


F65
S. 27(2)(b) and the word “or” immediately preceding it repealed
by
Employment Act 1989 (c. 38, SIF 43:1)
, s. 29(3)(4),
Sch. 6 para. 10(2),
Sch. 7 pt. 1


F66
S. 27(3) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 11(4) (with art. 21, Sch. 2)


F67
Words in s. 27(4) omitted (1.4.2008) by virtue
The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 11(5) (with art. 21, Sch. 2)

Modifications etc. (not altering text)

C177S. 27 applied by
S.I. 1989/840
, arts. 2-10

S. 27: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(e), 5 (with s. 3(5))

S. 27 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

S. 27 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192,
reg. 15, Sch. 14 para. 1(b)

S. 27 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831,
reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

C178Ss. 19-28 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

S. 27 extended (with modifications) (E.W.S.) (1.4.1996) by 1995 c. 25,
s. 120(1), Sch. 22 para. 30(5)
(with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3

C179S. 27 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(b)

C180S. 27 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C181S. 27 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)

C182S. 27 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(d); s. 27 applied (with modifications) (E.W.S.)
(9.6.2004) by
S.I. 2004/1309
, reg. 17; s. 27 applied (E.W.S.) (22.4.2005)
by
S.I. 2005/928
, reg. 4(2)(3)(5)(6)

C183S. 27(1) applied (with modifications) (E.W.S.) (22.9.2003) by S.I. 2003/403,
reg. 23(2)(d)(3)(5) (as amended (25.11.2006) by S.I. 2006/2815,
reg. 8)

Marginal Citations


M4
1947
c. 39
.

27A[F68Information communicated by Commissioners for
Revenue and Customs]. E+W+S+N.I.

(1)If they think it appropriate to do so for the purpose of facilitating the exercise
or performance by any person to whom sub-section (2) below applies of any of that
person’s powers or duties under any of the relevant statutory provisions, [F70the
Commissioners for Her Majesty’s Revenue and Customs] may authorise the disclosure
to that person of any information obtained [F71or held] for the purposes of the exercise [F72by
Her Majesty’s Revenue and Customs] of their functions in relation to imports.

(2)This subsection applies to an enforcing authority and to an inspector.

(3) A disclosure of information made to any person under subsection (1) above shall
be made in such manner as may be directed by [F73the Commissioners for Her Majesty’s Revenue and
Customs]and may be made through such persons acting on behalf of that person as
may be so directed.

(4)Information may be disclosed to a person under subsection (1) above whether or
not the disclosure of the information has beenrequested by or on behalf of that
person.]

Annotations:

Amendments (Textual)


F68
S. 27A heading substituted (18.4.2005) by virtue of Commissioners for
Revenue and Customs Act 2005 (c. 11)
, ss.
50
, 53(1), Sch. 4 para. 18(4); S.I. 2005/1126,
art. 2(2)(h)


F69
S. 27A inserted by Consumer Protection Act 1987
(c. 43, SIF 109:1)
, s. 36,
Sch. 3 para. 4


F70
Words in s. 27A(1) substituted (18.4.2005) by

Commissioners for Revenue and Customs Act 2005 (c. 11)
, ss.
50
, 53(1), Sch. 4 para. 18(2)(a); S.I. 2005/1126,
art. 2(2)(h)


F71
Words in s. 27A(1) inserted (18.4.2005) by Commissioners for
Revenue and Customs Act 2005 (c. 11)
, ss.
50
, 53(1), Sch. 4 para. 18(2)(b); S.I. 2005/1126,
art. 2(2)(h)


F72
Words in s. 27A(1) substituted (18.4.2005) by

Commissioners for Revenue and Customs Act 2005 (c. 11)
, ss.
50
, 53(1), Sch. 4 para. 18(2)(c); S.I. 2005/1126,
art. 2(2)(h)


F73
Words in s. 27A(3) substituted (18.4.2005) by

Commissioners for Revenue and Customs Act 2005 (c. 11)
, ss.
50
, 53(1), Sch. 4 para. 18(3); S.I. 2005/1126,
art. 2(2)(h)

Modifications etc. (not altering text)

C184Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(b)

Ss. 19-28, 33-35, 38, 39, 41, 42 applied (with modifications)
(E.W.S.) (1.3.1996) by
S.I. 1996/192
, reg. 15, Sch. 14 para. 1(b)

Ss. 19-28, 33-35, 38, 39, 41, 42 applied (with modifications)
(E.W.S.) (1.7.1997) by
S.I. 1997/831
, reg. 19(1)-(4),
Sch. 15 para. 1(a)(b)

C185Ss. 19-28 modified (6.4.1992) by S.I.1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C186Ss. 19-28 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C187Ss. 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)

C188S. 27A applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(d); s. 27A applied (with modifications)
(E.W.S.) (22.4.2005) by
S.I. 2005/928
, reg. 4(2)-(6)

28 Restrictions on disclosure of information. E+W

(1)In this and the two following subsections—

(a)“relevant information” means information obtained by a person under section 27(1)
or furnished to any person [F74under
section 27A above [F75, by virtue of section 43A(6) below]or] in pursuance
of a requirement imposed by any of the relevant statutory provisions; and

(b)“the recipient”, in relation to any relevant information, means the person by
whom that information was so obtained or to whom that information was so furnished,
as the case may be.

(2)Subject to the following subsection, no relevant information shall be disclosed
without the consent of the person by whom it was furnished.

(3)The preceding subsection shall not apply to—

(a)disclosure of information to F76.
. . the Executive, [F77
the Environment Agency, the Scottish Environment Protection Agency,] a government
department or any enforcing authority;

(b)without prejudice to paragraph (a) above, disclosure by the recipient of information
to any person for the purpose of any function conferred on the recipient by or under
any of the relevant statutory provisions;

(c)without prejudice to paragraph (a) above, disclosure by the recipient of information
to—

(i)an officer of a local authority who is authorised by that authority to receive
it,

[F78(ii)an officer F79. . . of a water undertaker, sewerage undertaker,
water authority or water development board who is authorised by that F80.
. . undertaker, authority or board to receive it,]

F81(iii). . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .

(iv)a constable authorised by a chief officer of police to receive it;

(d)disclosure by the recipient of information in a form calculated to prevent it
from being identified as relating to a particular person or case;

(e)disclosure of information for the purposes of any legal proceedings or any investigation
or inquiry held by virtue of [F82section
14(2) or (2A)] , or for the purposes of a report of any such proceedings or inquiry
or of a special report made by virtue of [F82section
14(2) or (2A)].

[F83(f)any other disclosure of information by the recipient,
if–

(i)the recipient is, or is acting on behalf of a person who is, a public authority
for the purposes of the Freedom of Information Act 2000, and

(ii)the information is not held by the authority on behalf of another person.]

[F84(4)In the preceding subsection, any reference to
the Executive, the Environment Agency, the Scottish Environment Protection Agency,
a government department or an enforcing authority includes respectively a reference
to an officer of that body or authority (including, in the case of an enforcing
authority, any inspector appointed by it), and also, in the case of a reference
to the Executive, includes a reference to—

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

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

(c)an adviser appointed under section 13(7).]

(5)A person to whom information is disclosed in pursuance of [F85any
of paragraphs (a) to (e) of] subsection (3) above shall not use the information
for a purpose other than—

(a)in a case falling within paragraph (a) of that subsection, a purpose
F86
. . . of the Executive or [F87of
the Environment Agency or of the Scottish Environment Protection Agency or]of the
government department in question, or the purposes of the enforcing authority in
question in connection with the relevant statutory provisions, as the case may be;

(b)in the case of information given to an officer of a [F88body
which is a local authority, F89. . . a water undertaker, a sewerage undertaker,
a water authority, a river purification board or a water development board, the
purposes of the body] in connection with the relevant statutory provisions or any
enactment whatsoever relating to public health, public safety or the protection
of the environment;

(c)in the case of information given to a constable, the purposes of the police in
connection with the relevant statutory provisions or any enactment whatsoever relating
to public health, public safety or the safety of the State.

[F90(6)References in subsections (3) and (5) above to
a local authority include F91. . . a joint authority established by Part IV
of the Local Government Act 1985 [F92, an authority established for an area in England
by an order under section 207 of the Local Government and Public Involvement in
Health Act 2007 (joint waste authorities)][F93and the London Fire and Emergency Planning Authority].]

(7)A person shall not disclose any information obtained by him as a result of the
exercise of any power conferred by section 14(4)(a) or 20 (including, in particular,
any information with respect to any trade secret obtained by him in any premises
entered by him by virtue of any such power) except—

(a)for the purposes of his functions; or

(b)for the purposes of any legal proceedings or any investigation or inquiry held
by virtue of [F94section
14(2) or (2A)] or for the purposes of a report of any such proceedings or inquiry
or of a special report made by virtue of [F94section
14(2) or (2A)]; or

(c)with the relevant consent.

In this subsection “the relevant consent” means, in the case of information furnished
in pursuance of a requirement imposed under section 20, the consent of the person
who furnished it, and, in any other case, the consent of a person having responsibilities
in relation to the premises where the information was obtained.

(8)Notwithstanding anything in the preceding subsection an inspector shall, in circumstances
in which it is necessary to do so for the purpose of assisting in keeping persons
(or the representatives of persons) employed at any premises adequately informed
about matters affecting their health, safety and welfare, give to such persons or
their represenatives the following descriptions of information, that is to say—

(a)factual information obtained by him as mentioned in that subsection which relates
to those premises or anything which was or is therein or was or is being done therein;
and

(b)information with respect to any action which he has taken or proposes to take
in or in connection with those premises in the performance of his functions;

and, where an inspector does as aforesaid, he shall give the like information to
the employer of the first-mentioned persons.

[F95(9)Notwithstanding anything in subsection (7) above,
a person who has obtained such information as is referred to in that subsection
may furnish to a person who appears to him to be likely to be a party to any civil
proceedings arising out of any accident, occurrence, situation or other matter,
a written statement of relevant facts observed by him in the course of exercising
any of the powers referred to in that subsection].

[F96(9A)Subsection (7) above does not apply if–

(a)the person who has obtained any such information as is referred to in that subsection
is, or is acting on behalf of a person who is, a public authority for the purposes
of the Freedom of Information Act 2000, and

(b)the information is not held by the authority on behalf of another person.]

[F97(10)The Broads Authority and every National Park authority
shall be deemed to be local authorities for the purposes of this section.]

Annotations:

Extent Information

E9This version of this provision extends to England and Wales only; separate versions
have been created for Scotland only and for Northern Ireland (in so far as this
provision extends there, see s. 84(1)).

Amendments (Textual)


F74
Words inserted by
Consumer Protection Act 1987 (c. 43, SIF 109:1)
, s. 36, Sch. 3 para.
5


F75
Words in s. 28(1)(a) inserted (10.9.2003) by

Railways and Transport Safety Act 2003 (c. 20)
, ss. 105(2),
120


F76
Words in s. 28(3)(a) omitted (1.4.2008) by virtue
of The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 12(2)(a) (with art. 21, Sch. 2)


F77
Words in s. 28(3)(a) inserted (E.W.S.) (1.4.1996)
by
1995 c. 25
, s. 120(1), Sch. 22 para. 30(6)(a)
(with ss. 7(6), 115, 117); S.I. 1996/186,
art. 2


F78
S. 28(3)(c)(ii) substituted by

Water Act 1989 (c. 15, SIF 130)
, s. 190, Sch. 25 para. 46(a)
(with ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2),
17, 40(4), 57(6), 58)


F79
Words in s. 28(3)(c)(ii) repealed (E.W.)
(1.4.1996) by
1995 c. 25
, s. 120(1), Sch. 22 para. 30(6)(b)(i),
Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 2


F80
Word in s. 28(3)(c)(ii) repealed (E.W.)
(1.4.1996) by
1995 c. 25
, s. 120(1), Sch. 22 para. 30(6)(b)(ii),
Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 2


F81
S. 28(3)(c)(iii) repealed (E.W.S.)
(1.4.1996) by
1995 c. 25
, s. 120(1), Sch. 22 para. 30(6)(d),
Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 2


F82
Words in s. 28(3)(e) substituted (1.4.2008)
by The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 12(2)(b) (with art. 21, Sch. 2)


F83
S. 28(3)(f) inserted (1.1.2005) by The Freedom of
Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information)
Order 2004 (S.I. 2004/3363)
, art. 5(2)


F84
S. 28(4) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 12(3) (with art. 21, Sch. 2)


F85
Words in s. 28(5) inserted (1.1.2005) by The Freedom of
Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information)
Order 2004 (S.I. 2004/3363)
, art. 5(3)


F86
Words in s. 28(5)(a) omitted (1.4.2008) by virtue
of The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 12(4) (with art. 21, Sch. 2)


F87
Words in s. 28(5)(a) inserted (E.W.S.) (1.4.1996)
by
1995 c. 25
, s. 120(1), Sch. 22 para. 30(6)(f)(i)
(with ss. 7(6), 115, 117); S.I. 1996/186,
art. 2


F88
Words substituted by
Water Act 1989 (c. 15, SIF 130)
, s. 190, Sch. 25 para. 46(b)
(with ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2),
17, 40(4), 57(6), 58)


F89
Words in s. 28(5)(b) repealed (E.W.) (1.4.1996)
by
1995 c. 25
, s. 120(1), Sch. 22 para. 30(6)(f)(ii),
Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 2


F90
S. 28(6) substituted by Local Government Act 1985
(c. 51, SIF 81:1)
, s. 84,
Sch. 14 para.
52


F91
Words repealed by
Education Reform Act 1988 (c. 40, SIF 41:1)
, ss. 231(7),
235(6), 237(2), Sch. 13 Pt. I


F92
Words in s. 28(6) inserted (1.4.2008) by Local
Government and Public Involvement in
Health Act 2007 (c. 28)
, ss. 209, 245, Sch. 13 para. 32;

S.I. 2008/917
, art. 2(1)(o)(p)


F93
Words in s. 28(6) added (3.7.2000) by 1999 c. 29,
s. 328(8), Sch. 29 para. 23
(with Sch. 12 para. 9(1));

S.I. 2000/1094
, art. 4


F94
Words in s. 28(7) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 12(5) (with art. 21, Sch. 2)


F95
S. 28(9) inserted by Employment Protection Act
1975 (c. 71)
, Sch. 15
para. 9


F96
S. 28(9A) inserted (1.1.2005) by The Freedom of
Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information)
Order 2004 (S.I. 2004/3363)
, art. 5(4)


F97
S. 28(10) substituted (E.W.) (23.11.1995) by 1995 c. 25,
s. 78, Sch. 10 para. 12
(with ss. 7(6), 115, 117); S.I. 1995/2950,
art. 2

Modifications etc. (not altering text)

C189S. 28 applied by
S.I. 1989/840
, arts. 2-10

S. 28 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9

S. 28 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10

S. 28: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(e), 5 (with s. 3(5))

S. 28 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192,
reg. 15, Sch. 14 para. 1(b)

S. 28 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. 28 restricted (15.11.2000) by S.I. 2000/2831,
reg. 23(1)

C190S. 28 amended by
S.I. 1982/1496
, reg. 10(1)

S. 28 extended (5.7.1994) by 1994 c. 19,
ss. 39, 66(2)(b), Sch. 13 para. 20(e)
(with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1),
23(2))

C191S. 28 amended by
Local Government Act 1985 (c. 51, SIF 81:1)
, s. 57(7),
Sch. 13 para.
13(f)

C192S. 28 restricted (E.W.S.) (1.2.1993) by S.I. 1992/3217,
reg. 15

S. 28 excluded (E.W.S.) (1.4.1999) by S.I. 1999/743,
reg. 21(5).

C193S. 28 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(b)

C194S. 28 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C195S. 28 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)

C196S. 28 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)(e)(3)

C197S. 28 applied (E.W.S.) by S.I. 2005/928, art. 4(3)(b)

C198S. 28 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)(g)
(subject to (4)-(6))
(with art. 7)

C199S. 28(6) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4

s. 28 extended (31.1.1994) by S.I. 1993/3050,
art. 18(1) (with art. 3).

C200S. 28(7): Disclosure powers extended (14.12.2001) by 2001 c. 24,
s. 17, Sch. 4 Pt. 1 para. 12

28 Restrictions on disclosure of information. N.I.

(1)In this and the two following subsections—

(a)“relevant information” means information obtained by a person under section 27(1)
or furnished to any person [F98under
section 27A above [F75, by virtue of section 43A(6) below]or]
in pursuance of a requirement imposed by any of the relevant statutory provisions;
and

(b)“the recipient”, in relation to any relevant information, means the person by
whom that information was so obtained or to whom that information was so furnished,
as the case may be.

(2)Subject to the following subsection, no relevant information shall be disclosed
without the consent of the person by whom it was furnished.

(3)The preceding subsection shall not apply to—

(a)disclosure of information to
F76
. . . the Executive, a government department or any enforcing authority;

(b)without prejudice to paragraph (a) above, disclosure by the recipient of information
to any person for the purpose of any function conferred on the recipient by or under
any of the relevant statutory provisions;

(c)without prejudice to paragraph (a) above, disclosure by the recipient of information
to—

(i)an officer of a local authority who is authorised by that authority to receive
it,

[F99(ii)an
officer of the National Rivers Authority or of a water undertaker, sewerage undertaker,
water authority or water development board who is authorised by that Authority,
undertaker, authority or board to receive it,]

(iii)an officer of a river purification board who is authorised by that board to
receive it, or

(iv)a constable authorised by a chief officer of police to receive it;

(d)disclosure by the recipient of information in a form calculated to prevent it
from being identified as relating to a particular person or case;

(e)disclosure of information for the purposes of any legal proceedings or any investigation
or inquiry held by virtue of [F82section
14(2) or (2A)], or for the purposes of a report of any such proceedings or inquiry
or of a special report made by virtue of [F82section
14(2) or (2A)].

[F100(f)any
other disclosure of information by the recipient, if–

(i)the recipient is, or is acting on behalf of a person who is, a public authority
for the purposes of the Freedom of Information Act 2000, and

(ii)the information is not held by the authority on behalf of another person.]

[F84(4)In
the preceding subsection, any reference to the Executive, the Environment Agency,
the Scottish Environment Protection Agency, a government department or an enforcing
authority includes respectively a reference to an officer of that body or authority
(including, in the case of an enforcing authority, any inspector appointed by it),
and also, in the case of a reference to the Executive, includes a reference to—

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

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

(c)an adviser appointed under section 13(7).]

(5)A person to whom information is disclosed in pursuance of [F101any of paragraphs (a) to (e) of] subsection
(3) above shall not use the information for a purpose other than—

(a)in a case falling within paragraph (a) of that subsection, a purpose F86. . . of the Executive or of the government
department in question, or the purposes of the enforcing authority in question in
connection with the relevant statutory provisions, as the case may be;

(b)in the case of information given to an officer of a [F102body which is a local authority, the National
Rivers Authority, a water undertaker, a sewerage undertaker, a water authority,
a river purification board or a water development board, the purposes of the body]
in connection with the relevant statutory provisions or any enactment whatsoever
relating to public health, public safety or the protection of the environment;

(c)in the case of information given to a constable, the purposes of the police in
connection with the relevant statutory provisions or any enactment whatsoever relating
to public health, public safety or the safety of the State.

[F103(6)References
in subsections (3) and (5) above to a local authority include F91.
. . a joint authority established by Part IV of the Local Government Act 1985 [F92, an authority established for an area
in England by an order under section 207 of the Local Government and Public Involvement
in Health Act 2007 (joint waste authorities)][F93and
the London Fire and Emergency Planning Authority].]

(7)A person shall not disclose any information obtained by him as a result of the
exercise of any power conferred by section 14(4)(a) or 20 (including, in particular,
any information with respect to any trade secret obtained by him in any premises
entered by him by virtue of any such power) except—

(a)for the purposes of his functions; or

(b)for the purposes of any legal proceedings or any investigation or inquiry held
by virtue of [F94section
14(2) or (2A)] or for the purposes of a report of any such proceedings or inquiry
or of a special report made by virtue of [F94section
14(2) or (2A)]; or

(c)with the relevant consent.

In this subsection “the relevant consent” means, in the case of information furnished
in pursuance of a requirement imposed under section 20, the consent of the person
who furnished it, and, in any other case, the consent of a person having responsibilities
in relation to the premises where the information was obtained.

(8)Notwithstanding anything in the preceding subsection an inspector shall, in circumstances
in which it is necessary to do so for the purpose of assisting in keeping persons
(or the representatives of persons) employed at any premises adequately informed
about matters affecting their health, safety and welfare, give to such persons or
their represenatives the following descriptions of information, that is to say—

(a)factual information obtained by him as mentioned in that subsection which relates
to those premises or anything which was or is therein or was or is being done therein;
and

(b)information with respect to any action which he has taken or proposes to take
in or in connection with those premises in the performance of his functions;

and, where an inspector does as aforesaid, he shall give the like information to
the employer of the first-mentioned persons.

[F104(9)Notwithstanding
anything in subsection (7) above, a person who has obtained such information as
is referred to in that subsection may furnish to a person who appears to him to
be likely to be a party to any civil proceedings arising out of any accident, occurrence,
situation or other matter, a written statement of relevant facts observed by him
in the course of exercising any of the powers referred to in that subsection].

[F105(9A)Subsection
(7) above does not apply if–

(a)the person who has obtained any such information as is referred to in that subsection
is, or is acting on behalf of a person who is, a public authority for the purposes
of the Freedom of Information Act 2000, and

(b)the information is not held by the authority on behalf of another person.]

[F106(10)For
the purposes of this section the Broads Authority shall be treated as a local authority.]

Annotations:

Extent Information

E10This version of this provision applies to Northern Ireland (in so far as this
provision extends there, see s. 84(1)(a)); separate versions of
this provision have been created for England and Wales only and Scotland only

Amendments (Textual)


F75
Words in s. 28(1)(a) inserted (10.9.2003) by

Railways and Transport Safety Act 2003 (c. 20)
, ss. 105(2),
120


F76
Words in s. 28(3)(a) omitted (1.4.2008) by virtue
of The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 12(2)(a) (with art. 21, Sch. 2)


F82
Words in s. 28(3)(e) substituted (1.4.2008)
by The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 12(2)(b) (with art. 21, Sch. 2)


F84
S. 28(4) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 12(3) (with art. 21, Sch. 2)


F86
Words in s. 28(5)(a) omitted (1.4.2008) by virtue
of The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 12(4) (with art. 21, Sch. 2)


F91
Words repealed by
Education Reform Act 1988 (c. 40, SIF 41:1)
, ss. 231(7),
235(6), 237(2), Sch. 13 Pt. I


F92
Words in s. 28(6) inserted (1.4.2008) by Local
Government and Public Involvement in
Health Act 2007 (c. 28)
, ss. 209, 245, Sch. 13 para. 32;

S.I. 2008/917
, art. 2(1)(o)(p)


F93
Words in s. 28(6) added (3.7.2000) by 1999 c. 29,
s. 328(8), Sch. 29 para. 23
(with Sch. 12 para. 9(1));

S.I. 2000/1094
, art. 4


F94
Words in s. 28(7) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 12(5) (with art. 21, Sch. 2)


F98
Words inserted by
Consumer Protection Act 1987 (c. 43, SIF 109:1)
, s. 36, Sch. 3 para.
5


F99
S. 28(3)(c)(ii) substituted by

Water Act 1989 (c. 15, SIF 130)
, s. 190, Sch. 25 para. 46(a)
(with ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2),
17, 40(4), 57(6), 58)


F100
S. 28(3)(f) inserted (1.1.2005) by The Freedom of
Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information)
Order 2004 (S.I. 2004/3363)
, art. 5(2)


F101
Words in s. 28(5) inserted (1.1.2005) by The Freedom of
Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information)
Order 2004 (S.I. 2004/3363)
, art. 5(3)


F102
Words substituted by
Water Act 1989 (c. 15, SIF 130)
, s. 190, Sch. 25 para. 46(b)
(with ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4), (10), 190, 193(1), Sch. 26 paras. 3(1)(2),
17, 40(4), 57(6), 58)


F103
S. 28(6) substituted by Local Government Act 1985
(c. 51, SIF 81:1)
, s. 84,
Sch. 14 para.
52


F104
S. 28(9) inserted by Employment Protection Act
1975 (c. 71)
, Sch. 15
para. 9


F105
S. 28(9A) inserted (1.1.2005) by The Freedom of
Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information)
Order 2004 (S.I. 2004/3363)
, art. 5(4)


F106
S. 28(10) added by Norfolk and Suffolk
Broads Act 1988 (c. 4, SIF 81:1)
, s. 21,
Sch. 6 para. 13

Modifications etc. (not altering text)

C199S. 28(6) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4

s. 28 extended (31.1.1994) by S.I. 1993/3050,
art. 18(1) (with art. 3).

C201Ss. 1, 25, 26, 27, 28, 30, 33, 34, 59, 80, 81 and 82
applied by
S.I. 1989/840
, arts. 2, 10

C202S. 28 amended by
S.I. 1982/1496
, reg. 10(1)

S. 28 extended (5.7.1994) by 1994 c. 19,
ss. 39, 66(2)(b), Sch. 13 para. 20(e)
(with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1),
23(2))

S. 28 restricted (15.11.2000) by S.I. 2000/2831,
reg. 23(1)

C203S. 28 amended by
Local Government Act 1985 (c. 51, SIF 81:1)
, s. 57(7),
Sch. 13 para.
13(f)

C204Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(b)

C205Ss. 19-28 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C206Ss. 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)

C207s. 28 applied (with modifications) (E.W.S.) (22.4.2005) by S.I. 2005/928,
reg. 4(2)-(4)

C208S. 28(7): Disclosure powers extended (14.12.2001) by 2001 c. 24,
s. 17, Sch. 4 Pt. 1 para. 12

28 Restrictions on disclosure of information. S

(1)In this and the two following subsections—

(a)“relevant information” means information obtained by a person under section 27(1)
or furnished to any person [F107under
section 27A above [F75, by virtue of section 43A(6) below]
or] in pursuance of a requirement imposed by any of the relevant statutory provisions;
and

(b)“the recipient”, in relation to any relevant information, means the person by
whom that information was so obtained or to whom that information was so furnished,
as the case may be.

(2)Subject to the following subsection, no relevant information shall be disclosed
without the consent of the person by whom it was furnished.

(3)The preceding subsection shall not apply to—

(a)disclosure of information to
F76
. . . the Executive, [F108the
Environment Agency, the Scottish Environment Protection Agency,] a government department
or any enforcing authority;

(b)without prejudice to paragraph (a) above, disclosure by the recipient of information
to any person for the purpose of any function conferred on the recipient by or under
any of the relevant statutory provisions;

(c)without prejudice to paragraph (a) above, disclosure by the recipient of information
to—

(i)an officer of a local authority who is authorised by that authority to receive
it,

[F109(ii)an
officer of a water undertaker, sewerage undertaker, [F110or
Scottish Water] who is authorised by [F111that undertaker or, as the case may
be, Scottish Water] to receive it;]

F112(iii).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)a constable authorised by a chief officer of police to receive it;

(d)disclosure by the recipient of information in a form calculated to prevent it
from being identified as relating to a particular person or case;

(e)disclosure of information for the purposes of any legal proceedings or any investigation
or inquiry held by virtue of [F82section
14(2) or (2A)], or for the purposes of a report of any such proceedings or inquiry
or of a special report made by virtue of [F82section
14(2) or (2A)].

[F113(f)any
other disclosure of information by the recipient, if–

(i)the recipient is, or is acting on behalf of a person who is, a public authority
for the purposes of the Freedom of Information Act 2000 [F114or
a Scottish public authority for the purposes of the Freedom of Information (Scotland)
Act 2002] , and

(ii)the information is not held by the authority on behalf of another person.]

[F84(4)In
the preceding subsection, any reference to the Executive, the Environment Agency,
the Scottish Environment Protection Agency, a government department or an enforcing
authority includes respectively a reference to an officer of that body or authority
(including, in the case of an enforcing authority, any inspector appointed by it),
and also, in the case of a reference to the Executive, includes a reference to—

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

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

(c)an adviser appointed under section 13(7).]

(5)A person to whom information is disclosed in pursuance of [F115any of paragraphs (a) to (e) of] subsection
(3) above shall not use the information for a purpose other than—

(a)in a case falling within paragraph (a) of that subsection, a purpose F86. . . of the Executive or [F116 of the Environment Agency or of the
Scottish Environment Protection Agency or] of the government department in question,
or the purposes of the enforcing authority in question in connection with the relevant
statutory provisions, as the case may be;

(b)[F117in
the case of information given to an officer of a body which is a local authority,
a water undertaker, [F118or a sewerage undertaker or to an officer
of Scottish Water,] the purposes of the body [F119authority,
undertaker or, as the case may be, Scottish Water] in connection] with the relevant
statutory provisions or any enactment whatsoever relating to public health, public
safety or the protection of the environment;

(c)in the case of information given to a constable, the purposes of the police in
connection with the relevant statutory provisions or any enactment whatsoever relating
to public health, public safety or the safety of the State.

[F120(6)References
in subsections (3) and (5) above to a local authority include F91.
. . a joint authority established by Part IV of the Local Government Act 1985 [F92, an authority established for an area
in England by an order under section 207 of the Local Government and Public Involvement
in Health Act 2007 (joint waste authorities)][F93and
the London Fire and Emergency Planning Authority].]

(7)A person shall not disclose any information obtained by him as a result of the
exercise of any power conferred by section 14(4)(a) or 20 (including, in particular,
any information with respect to any trade secret obtained by him in any premises
entered by him by virtue of any such power) except—

(a)for the purposes of his functions; or

(b)for the purposes of any legal proceedings or any investigation or inquiry held
by virtue of [F94section
14(2) or (2A)] or for the purposes of a report of any such proceedings or inquiry
or of a special report made by virtue of [F94section
14(2) or (2A)]; or

(c)with the relevant consent.

In this subsection “the relevant consent” means, in the case of information furnished
in pursuance of a requirement imposed under section 20, the consent of the person
who furnished it, and, in any other case, the consent of a person having responsibilities
in relation to the premises where the information was obtained.

(8)Notwithstanding anything in the preceding subsection an inspector shall, in circumstances
in which it is necessary to do so for the purpose of assisting in keeping persons
(or the representatives of persons) employed at any premises adequately informed
about matters affecting their health, safety and welfare, give to such persons or
their represenatives the following descriptions of information, that is to say—

(a)factual information obtained by him as mentioned in that subsection which relates
to those premises or anything which was or is therein or was or is being done therein;
and

(b)information with respect to any action which he has taken or proposes to take
in or in connection with those premises in the performance of his functions;

and, where an inspector does as aforesaid, he shall give the like information to
the employer of the first-mentioned persons.

[F121(9)Notwithstanding
anything in subsection (7) above, a person who has obtained such information as
is referred to in that subsection may furnish to a person who appears to him to
be likely to be a party to any civil proceedings arising out of any accident, occurrence,
situation or other matter, a written statement of relevant facts observed by him
in the course of exercising any of the powers referred to in that subsection].

[F122(9A)Subsection
(7) above does not apply if–

(a)the person who has obtained any such information as is referred to in that subsection
is, or is acting on behalf of a person who is, a public authority for the purposes
of the Freedom of Information Act 2000 [F123or a Scottish public authority for
the purposes of the Freedom of Information (Scotland) Act 2002] , and

(b)the information is not held by the authority on behalf of another person.]

[F124(10)For
the purposes of this section the Broads Authority shall be treated as a local authority.]

Annotations:

Extent Information

E11This version of this provision extends to Scotland only; separate versions of
this provision have been created for England and Wales only and for Northern Ireland
(in so far as this provision extends there, see s. 84(1))

Amendments (Textual)


F75
Words in s. 28(1)(a) inserted (10.9.2003) by

Railways and Transport Safety Act 2003 (c. 20)
, ss. 105(2),
120


F76
Words in s. 28(3)(a) omitted (1.4.2008) by virtue
of The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 12(2)(a) (with art. 21, Sch. 2)


F82
Words in s. 28(3)(e) substituted (1.4.2008)
by The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 12(2)(b) (with art. 21, Sch. 2)


F84
S. 28(4) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 12(3) (with art. 21, Sch. 2)


F86
Words in s. 28(5)(a) omitted (1.4.2008) by virtue
of The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 12(4) (with art. 21, Sch. 2)


F91
Words repealed by
Education Reform Act 1988 (c. 40, SIF 41:1)
, ss. 231(7),
235(6), 237(2), Sch. 13 Pt. I


F92
Words in s. 28(6) inserted (1.4.2008) by Local
Government and Public Involvement in
Health Act 2007 (c. 28)
, ss. 209, 245, Sch. 13 para. 32;

S.I. 2008/917
, art. 2(1)(o)(p)


F93
Words in s. 28(6) added (3.7.2000) by 1999 c. 29,
s. 328(8), Sch. 29 para. 23
(with Sch. 12 para. 9(1));

S.I. 2000/1094
, art. 4


F94
Words in s. 28(7) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 12(5) (with art. 21, Sch. 2)


F107
Words inserted by
Consumer Protection Act 1987 (c. 43, SIF 109:1)
, s. 36, Sch. 3 para.
5


F108
Words in s. 28(3)(a) inserted (E.W.S.) (1.4.1996)
by
1995 c. 25
, s. 120(1), Sch. 22 para. 30(6)(a)
(with ss. 7(6), 115, 117); S.I. 1996/186,
art. 2


F109
S. 28(3)(c)(ii) substituted (S.)
(1.4.1996) by
1995 c. 25
, s. 120(1), Sch. 22 para. 30(6)(c)
(with ss. 7(6), 115, 117); S.I. 1996/186,
art. 2


F110
Words in s. 28(3)(c)(ii) substituted (S.)
(14.7.2004) by The Water Industry
(Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822)

art. 2, {Sch. Pt. 1 para. 8(a)(i)}


F111
Words in s. 28(3)(c)(ii) substituted (S.)
(14.7.2004) by The Water Industry
(Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822)
,
art. 2, Sch. para. 8(a)(ii)


F112
S. 28(3)(c)(iii) repealed (E.W.S.)
(1.4.1996) by
1995 c. 25
, s. 120(1), Sch. 22 para. 30(6)(d),
Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186,
art. 2


F113
S. 28(3)(f) inserted (1.1.2005) by The Freedom of
Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information)
Order 2004 (S.I. 2004/3363)
, art. 5(2)


F114
Words in s. 28(3)(f)(i) inserted (S.) (13.10.2008)
by The Freedom of Information
(Relaxation of Statutory Prohibitions on Disclosure of Information) (Scotland) Order
2008 (S.S.I. 2008/339)
, {art 5(2)}


F115
Words in s. 28(5) inserted (1.1.2005) by The Freedom of
Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information)
Order 2004 (S.I. 2004/3363)
, art. 5(3)


F116
Words in s. 28(5)(a) inserted (E.W.S.) (1.4.1996)
by
1995 c. 25
, s. 120(1), Sch. 22 para. 30(6)(f)(i)
(with ss. 7(6), 115, 117); S.I. 1996/186,
art. 2


F117
Words in s. 28(5)(b) substituted (S.) (1.4.1996)
by
1995 c. 25
, s. 120(1), Sch. 22 para. 30(6)(f)(iii)
(with ss. 7(6), 115, 117); S.I. 1996/186,
art. 2


F118
Words in s. 28(5)(b) substituted (14.7.2004)
by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004
(S.I. 2004/ 1822) art. 2, {Sch. Pt. 1 para. 8(b)(i)}


F119
Words in s. 28(5)(b) inserted (14.7.2004) by
The Water Industry
(Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822)

art. 2, {Sch. Pt. 1 para. 8(b)(ii)}


F120
S. 28(6) substituted by Local Government Act 1985
(c. 51, SIF 81:1)
, s. 84,
Sch. 14 para.
52


F121
S. 28(9) inserted by Employment Protection Act
1975 (c. 71)
, Sch. 15
para. 9


F122
S. 28(9A) inserted (1.1.2005) by The Freedom of
Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information)
Order 2004 (S.I. 2004/3363)
, art. 5(4)


F123
Words in s. 28(9A)(a) inserted (S.) (13.10.2008)
by The Freedom of Information
(Relaxation of Statutory Prohibitions on Disclosure of Information) (Scotland) Order
2008 (S.S.I. 2008/339)
, {art 5(3)}


F124
S. 28(10) added by Norfolk and Suffolk
Broads Act 1988 (c. 4, SIF 81:1)
, s. 21,
Sch. 6 para. 13

Modifications etc. (not altering text)

C199S. 28(6) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4

s. 28 extended (31.1.1994) by S.I. 1993/3050,
art. 18(1) (with art. 3).

C209S. 28 applied by
S.I. 1989/840
, arts. 2-10

S. 28 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9

S. 28 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10

S. 28: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(e), 5 (with s. 3(5))

S. 28 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192,
reg. 15, Sch. 14 para. 1(b)

S. 28 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. 28 restricted (15.11.2000) by S.I. 2000/2831,
reg. 23(1)

C210S. 28 amended by
S.I. 1982/1496
, reg. 10(1)

S. 28 extended (5.7.1994) by 1994 c. 19,
ss. 39, 66(2)(b), Sch. 13 para. 20(e)
(with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1),
23(2))

C211S. 28 restricted (E.W.S.) (1.2.1993) by S.I. 1992/3217,
reg. 15

S. 28 excluded (E.W.S.) (1.4.1999) by S.I. 1999/743,
reg. 21(5).

C212Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(b)

C213Ss. 19-28 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C214S. 28 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)

C215S. 28 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)(e)(3)

C216S. 28 applied (E.W.S.) by S.I. 2005/928, art. 4(3)(b)

C217S. 28 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)(g)
(subject to (4)-(6))
(with art. 7)

C218S. 28(7): Disclosure powers extended (14.12.2001) by 2001 c. 24,
s. 17, Sch. 4 Pt. 1 para. 12

Special provisions relating to agriculture

F12529. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S+N.I.

Annotations:

Amendments (Textual)


F125
Ss. 2(5), 29, 31, 32, 50(4)(5), 53(2)–(6) repealed
by
Employment Protection Act 1975 (c. 71)
, Sch. 18

[F12630 Agricultural health and safety regulations.
E+W+S+N.I.

(1)Regulations under this section (in this Part referred to as “agricultural health
and safety regulations”) may be made for any of the relevant agricultural purposes.

(2)Agricultural health and safety regulations may be either regulations applying
to Great Britain and made by the Minister of Agriculture, Fisheries and Food and
the Secretary of State acting jointly, or regulations applying to England and Wales
only and made by the said Minister, or regulations applying to Scotland only and
made by the Secretary of State.

(3)Where health and safety regulations make provision for any purpose with respect
to a matter that relates to (but not exclusively to) agricultural operations—

(a)provision for that purpose shall not be made with respect to that matter by agricultural
health and safety regulations so as to have effect while the first-mentioned provision
is in force except for the purpose of imposing requirements additional to those
imposed by health and safety regulations, being additional requirements which in
the opinion of the authority making the agricultural health and safety regulations
are necessary or expedient in the special circumstances of agricultural operations;
and

(b)in the event of any inconsistency between the first-mentioned provision and any
provision made with respect to that matter by agricultural health and safety regulations,
the first-mentioned provision shall prevail.

(4)The provisions of section 15(2) to (10) and Schedule 3 shall have effect in relation
to agricultural health and safety regulations as they have effect in relation to
health and safety regulations subject to the following modifications, that is to
say—

(a)references to the relevant statutory provisions or the existing statutory provisions
shall be read as references to such of those provisions as relate to agriculture;

(b)in section 15(4) the references to the Commission shall be read as references
to the appropriate Agriculture Minister;

(c)in section 15(6) and (10) and paragraph 23 of Schedule 3, the reference to health
and safety regulations shall be read as a reference to agricultural health and safety
regulations.

(5)Without prejudice to the generality of subsection (1) above, agricultural health
and safety regulations may, as regards agricultural licences under any of the relevant
statutory provisions, make provision for requiring the authority having power to
issue, renew, vary, transfer or revoke such licences to notify—

(a)any applicant for the issue, renewal, variation or transfer of such a licence
of any proposed decision of the authority to refuse the application; or

(b)the holder of such a licence of any proposed decision of the authority to revoke
the licence or to vary any term, condition or restriction on or subject to which
the licence is held;

and for enabling persons aggrieved by any such proposed decision to make representations
to, or to a person appointed by, the relevant authority within the period and in
the manner prescribed by the regulations.

(6)In relation to any agricultural health and safety regulations made in pursuance
of paragraph 2 of Schedule 3 as applied by this section, subsection (2) above shall
have effect as if after the words “Great Britain” there were inserted the words
“or the United Kingdom”.]

Annotations:

Amendments (Textual)


F126
S. 30 repealed (E.W.) (S.) by Employment Protection
Act 1975 (c. 71)
, Sch. 18

Modifications etc. (not altering text)

C219Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840
, arts. 2–10

C220Ss. 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)

F12731, 32.. . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . E+W+S+N.I.

Annotations:

Amendments (Textual)


F127
Ss. 2(5), 29, 31, 32, 50(4)(5), 53(2)–(6) repealed
by
Employment Protection Act 1975 (c. 71)
, Sch. 18

Provisions as to offences

33 Offences. E+W+S+N.I.

(1)It is an offence for a person—

(a)to fail to discharge a duty to which he is subject by virtue of sections 2 to
7;

(b)to contravene section 8 or 9;

(c)to contravene any health and safety regulations
F134
. . . or any requirement or prohibition imposed under any such regulations
(including any requirement or prohibition to which he is subject by virtue of the
terms of or any condition or restriction attached to any licence, approval, exemption
or other authority issued, given or granted under the regulations);

(d)to contravene any requirement imposed by or under regulations under section 14
or intentionally to obstruct any person in the exercise of his powers under that
section;

(e)to contravene any requirement imposed by an inspector under section 20 or 25;

(f)to prevent or attempt to prevent any other person from appearing before an inspector
or from answering any question to which an inspector may by virtue of section 20(2)
require an answer;

(g)to contravene any requirement or prohibition imposed by an improvement notice
or a prohibition notice (including any such notice as modified on appeal);

(h)intentionally to obstruct an inspector in the exercise or performance of his powers
or duties [F135or
to obstruct a customs officer in the exercise of his powers under section 25A];

(i)to contravene any requirement imposed by a notice under section 27(1);

(j)to use or disclose any information in contravention of section 27(4) or 28;

(k)to make a statement which he knows to be false or recklessly to make a statement
which is false where the statement is made—

(i)in purported compliance with a requirement to furnish any information imposed
by or under any of the relevant statutory provisions; or

(ii)for the purpose of obtaining the issue of a document under any of the relevant
statutory provisions to himself or another person;

(l)intentionally to make a false entry in any register, book, notice or other document
required by or under any of the relevant statutory provisions to be kept, served
or given or, with intent to deceive, to make use of any such entry which he knows
to be false;

(m)with intent to deceive, to [F136forge
or] use a document issued or authorised to be issued under any of the relevant statutory
provisions or required for any purpose thereunder or to make or have in his possession
a document so closely resembling any such document as to be calculated to deceive;

(n)falsely to pretend to be an inspector;

(o)to fail to comply with an order made by a court under section 42.

[F137(2)Schedule 3A (which specifies the mode of trial
and maximum penalty applicable to offences under this section and the existing statutory
provisions) has effect.

(3)Schedule 3A is subject to any provision made by virtue of section 15(6)(c) or
(d).]

(5)

F138Where a person is convicted of an offence under
subsection (1)(g) or (o) above, then, if the contravention in respect of which he
was convicted is continued after the conviction he shall (subject to section 42(3))
be guilty of further offence and [F132liable on summary conviction to a fine not exceeding
£100] for each day on which the contravention is so continued.

F139(6). . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .

Annotations:

Amendments (Textual)


F132
Words substituted by
Criminal Law Act 1977 (c. 45)
, ss. 15(1),
30, Sch. 1 para. 21
and
Criminal Procedure (Scotland) Act 1975 (c. 21)
, Sch. 7A
item 17


F134
Words repealed by
Employment Protection Act 1975 (c. 71)
, Sch. 18


F135
Words inserted by
Consumer Protection Act 1987 (c. 43, SIF 109:1)
, s. 36, Sch. 3 para.
6


F136
Words repealed (E.W.N.I.) by Forgery and Counterfeiting
Act 1981 (c. 45, SIF 39:7)
, s. 30,
Sch. Pt. I


F137
S. 33(2)(3) substituted (16.1.2009) for s. 33(1A)-(4) by Health and Safety
(Offences) Act 2008 (c. 20)
, ss. 1(1),
3(2) (with s. 3(3))


F138
S. 33(5) repealed (E.W.S.) (6.3.1992) by Offshore Safety
Act 1992 (c. 15)
, ss. 4(5)(6),
7(2), Sch.2


F139
S. 33(6) repealed by Forgery and Counterfeiting
Act 1981 (c. 45, SIF 39:7)
, s. 30,
Sch. Pt. I

Modifications etc. (not altering text)

C248S. 33 applied by
S.I. 1989/840
, arts. 2, 10

S. 33 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10 S. 33 excluded (with saving) (E.W.S.) (1.12.1997) by

S.I. 1997/1840
, regs. 7, 9

S. 33 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192,
reg. 15, Sch. 14 para. 1(b)

S. 33 applied (with modifications) (1.7.1997) by S.I. 1997/831,
reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 33 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

C249S. 33 extended (with modifications) (12.4.1999) by S.I. 1999/743,
reg. 20(1)(d)(2)(3) S. 33 applied (20.9.2001) by S.I. 2001/2975,
reg. 19(d)

S. 33 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(b)

S. 33 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37)

C250S. 33 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

C251S. 33 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C252S. 33 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)

C253S. 33 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(e); s. 33 applied (E.W.S.) (22.4.2005) by

S.I. 2005/928
, reg. 4(2)(3)(5)(6);
s. 33 applied (2.4.2006) by S.I. 2006/397,
reg. 34(2)(d)

C254S. 33(1)(c) restricted (12.4.1999) by S.I. 1999/743,
reg. 20(2)

S. 33(1)(c) excluded (16.5.2002) by S.I. 2002/1166,
reg. 31(4) (with art. 37) S. 33(1)(c)
modified (E.W.S.) (3.5.2004) by
S.I. 2004/129
, reg. 23(4)

C255S. 33(1)(c) (e)-(h) (k)-(o) (2) (2A) (3) 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)(h)
(subject to (4)-(6))
(with art. 7)

C256S. 33(1)(e) 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)

C257S. 33(1)(e) applied (with modifications) (E.W.S.) (16.4.1996) by

S.I. 1996/772
, reg. 17; s. 33(1)(e) applied (with modifications)
(9.6.2004) by
S.I. 2004/1309
, reg. 17

C258S. 33(1)(f) 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)

C259S. 33(1)(f) modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C260Ss. 33(1)(f) applied (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C261S. 33(1)(f): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(f), 5 (with s. 3(5))

C262S. 33(1)(f) applied (with modifications) (E.W.S.) (16.4.1996) by

S.I. 1996/772
, reg. 17; s. 33(1)(f) applied (with modifications)
(9.6.2004) by
S.I. 2004/1309
, reg. 17

C263S. 33(1)(c) (e)-(h) (k)-(o) (2) (2A) (3) 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)(h)
(subject to (4)-(6))
(with art. 7)

C264S. 33(1)(g) modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C265S. 33(1)(g) applied (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C266S. 33(1)(g): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(f), 5 (with s. 3(5))

C267S. 33(1)(g) applied (with modifications) (E.W.S.) (16.4.1996) by

S.I. 1996/772
, reg. 17; s. 33(1)(g) applied (with modifications)
(9.6.2004) by
S.I. 2004/1309
, reg. 17

C268S. 33(1)(g): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(f), 5 (with s. 3(5))

C269S. 33(1)(c) (e)-(h) (k)-(o) (2) (2A) (3) 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)(h)
(subject to (4)-(6))
(with art. 7)

C270S. 33(1)(h) 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)

C271S. 33(1)(h) modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C272Ss. 33(1)(h) applied (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C273S. 33(1)(h): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(f), 5 (with s. 3(5))

C274Ss. 33(1)(h) applied (with modifications) (E.W.S.) (16.4.1996) by

S.I. 1996/772
, reg. 17; s. 33(1)(h) applied (with modifications)
(9.6.2004) by
S.I. 2004/1309
, reg. 17

C275S. 33(1)(c) (e)-(h) (k)-(o) (2) (2A) (3) 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)(h)
(subject to (4)-(6))
(with art. 7)

C276S. 33(1)(i) 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)

C277S. 33(1)(i) modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C278S. 33(1)(i): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(f), 5 (with s. 3(5))

C279S. 33(1)(i) applied (with modifications) (E.W.S.) (16.4.1996) by

S.I. 1996/772
, reg. 17; s. 33(1)(i) applied (with modifications)
(9.6.2004) by
S.I. 2004/1309
, reg. 17

C280S. 33(1)(j) 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)

C281S. 33(1)(j) modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C282S. 33(1)(j): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(f), 5 (with s. 3(5))

C283S. 33(1)(k) 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)

C284S. 33(1)(k) modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C285S. 33(1)(l) 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)

C286S. 33(1)(l) modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C287S. 33(1)(c) (e)-(h) (k)-(o) (2) (2A) (3) 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)(h)
(subject to (4)-(6))
(with art. 7)

C288S. 33(1)(m) 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)

C289S. 33(1)(m) modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C290S. 33(1)(c) (e)-(h) (k)-(o) (2) (2A) (3) 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)(h)
(subject to (4)-(6))
(with art. 7)

C291S. 33(1)(n) 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)

C292S. 33(1)(n): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(f), 5 (with s. 3(5))

C293S. 33(1)(n) applied (with modifications) (E.W.S.) (16.4.1996) by

S.I. 1996/772
, reg. 17; s. 33(1)(n) applied (with modifications)
(9.6.2004) by
S.I. 2004/1309
, reg. 17

C294S. 33(1)(c) (e)-(h) (k)-(o) (2) (2A) (3) 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)(h)
(subject to (4)-(6))
(with art. 7)

C295S. 33(1)(o) 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)

C296Ss. 33(1)(o) applied (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C297S. 33(1)(o): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(f), 5 (with s. 3(5))

C298S. 33(1)(o) applied (with modifications) (E.W.S.) (16.4.1996) by

S.I. 1996/772
, reg. 17; s. 33(1)(o) applied (with modifications)
(9.6.2004) by
S.I. 2004/1309
, reg. 17

C299S. 33(1)(c) (e)-(h) (k)-(o) (2) (2A) (3) 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)(h)
(subject to (4)-(6))
(with art. 7)

33 Offences. N.I.

(1)It is an offence for a person—

(a)to fail to discharge a duty to which he is subject by virtue of sections 2 to
7;

(b)to contravene section 8 or 9;

(c)to contravene any health and safety regulations F128. . . or any requirement or prohibition
imposed under any such regulations (including any requirement or prohibition to
which he is subject by virtue of the terms of or any condition or restriction attached
to any licence, approval, exemption or other authority issued, given or granted
under the regulations);

(d)to contravene any requirement imposed by or under regulations under section 14
or intentionally to obstruct any person in the exercise of his powers under that
section;

(e)to contravene any requirement imposed by an inspector under section 20 or 25;

(f)to prevent or attempt to prevent any other person from appearing before an inspector
or from answering any question to which an inspector may by virtue of section 20(2)
require an answer;

(g)to contravene any requirement or prohibition imposed by an improvement notice
or a prohibition notice (including any such notice as modified on appeal);

(h)intentionally to obstruct an inspector in the exercise or performance of his powers
or duties [F129or
to obstruct a customs officer in the exercise of his powers under section 25A];

(i)to contravene any requirement imposed by a notice under section 27(1);

(j)to use or disclose any information in contravention of section 27(4) or 28;

(k)to make a statement which he knows to be false or recklessly to make a statement
which is false where the statement is made—

(i)in purported compliance with a requirement to furnish any information imposed
by or under any of the relevant statutory provisions; or

(ii)for the purpose of obtaining the issue of a document under any of the relevant
statutory provisions to himself or another person;

(l)intentionally to make a false entry in any register, book, notice or other document
required by or under any of the relevant statutory provisions to be kept, served
or given or, with intent to deceive, to make use of any such entry which he knows
to be false;

(m)with intent to deceive, to [F130forge
or] use a document issued or authorised to be issued under any of the relevant statutory
provisions or required for any purpose thereunder or to make or have in his possession
a document so closely resembling any such document as to be calculated to deceive;

(n)falsely to pretend to be an inspector;

(o)to fail to comply with an order made by a court under section 42.

(2)A person guilty of an offence under paragraph (d), (f), (h) or (n) of subsection
(1) above, or of an offence under paragraph (e) of that subsection consisting of
contravening a requirement imposed by an inspector under section 20, shall be liable
on summary conviction to a fine not exceeding [F131level 5 on the standard scale]

(3)Subject to any provision made by virtue of section 15(6)(d) or by virtue of paragraph
2(2) of Schedule 3, a person guilty of an offence under any paragraph of subsection
(1) above not mentioned in the preceding subsection, or of an offence under subsection
(1)(e) above not falling within the preceding subsection, or of an offence under
any of the existing statutory provisions, being an offence for which no other penalty
is specified, shall be liable—

(a)on summary conviction, to a fine not exceeding £400;

(b)on conviction on indictment—

(i)if the offence is one to which this sub-paragraph applies, to imprisonment for
a term not exceeding two years, or a fine, or both;

(ii)if the offence is not one to which the preceding sub-paragraph applies, to a
fine.

(4)Subsection (3)(b)(i) above applies to the following offences—

(a)an offence consisting of contravening any of the relevant statutory provisions
by doing otherwise than under the authority of a licence issued by the Executive
. . . something for the doing of which such a licence is necessary under the relevant
statutory provisions;

(b)an offence consisting of contravening a term of or a condition or restriction
attached to any such licence as is mentioned in the preceding paragraph;

(c)an offence consisting of acquiring or attempting to acquire, possessing or using
an explosive article or substance (within the meaning of any of the relevant statutory
provisions) in contravention of any of the relevant statutory provisions;

(d)an offence under subsection (1)(g) above consisting of contravening a requirement
or prohibition imposed by a prohibition notice;

(e)an offence under subsection (1)(j) above.

(5)Where a person is convicted of an offence under subsection (1)(g) or (o) above,
then, if the contravention in respect of which he was convicted is continued after
the conviction he shall (subject to section 42(3)) be guilty of further offence
and [F132liable
on summary conviction to a fine not exceeding £100] for each day on which the contravention
is so continued.


F133
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Extent Information

E12This version of this provision applies to Northern Ireland (in so far as this
provision extends there, see s. 84(1)); a separate version has been
created for England, Wales and Scotland only.

Amendments (Textual)


F128
Words repealed by
Employment Protection Act 1975 (c. 71)
, Sch. 18


F129
Words inserted by
Consumer Protection Act 1987 (c. 43, SIF 109:1)
, s. 36, Sch. 3 para.
6


F130
Words repealed (E.W.N.I.) by Forgery and Counterfeiting
Act 1981 (c. 45, SIF 39:7)
, s. 30,
Sch. Pt. I


F131
Words substituted by virtue of (E.W.) Criminal Justice
Act 1982 (c. 48, SIF 39:1)
, s. 46 and (S.)

Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1)
, s. 289G
and (N.I.) by
S.I. 1984/703 (N.I. 3)
arts. 5, 6


F132
Words substituted by
Criminal Law Act 1977 (c. 45)
, ss. 15(1),
30, Sch. 1 para. 21
and
Criminal Procedure (Scotland) Act 1975 (c. 21)
, Sch. 7A
item 17


F133
S. 33(6) repealed by Forgery and Counterfeiting
Act 1981 (c. 45, SIF 39:7)
, s. 30,
Sch. Pt. I

Modifications etc. (not altering text)

C221S. 33 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(b)

C222S. 33 applied (with modifications) (1.7.1997) by S.I. 1997/831,
reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

C223S. 33 applied by
S.I. 1989/840
, arts. 2, 10

C224S. 33 applied (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1)(2)(3); S. 33 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

C225S. 33 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

S. 33 applied (20.9.2001) by S.I. 2001/2975,
reg, 19(d)

C226Ss. 33-35 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C227S. 33 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)

C228Ss. 33 applied (20.9.2001) by S.I. 2001/2975,
reg. 19(d);

Ss. 33 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(b); s. 33 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37); s. 33 applied (2.4.2006) by S.I. 2006/397,
reg. 34(3)(d)

C229S. 33(1)(c) restricted (1.4.1999) by S.I. 1999/743,
reg. 20(2)

S. 33(1)(c) excluded (16.5.2002) by S.I. 2002/1166,
reg. 31(4) (with art. 37)

C230S. 33(1)(e) applied (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C231S. 33(1)(e) modified (6.4.1992) by S.I. 1992/711,
reg. 28(3)(b)(5)(a)

C232S. 33(1)(f) applied (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C233S. 33(1)(f) modified (6.4.1992) by S.I. 1992/711,
reg. 28(3)(b)(5)(a)

C234S. 33(1)(g) applied (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C235S. 33(1)(g) modified (6.4.1992) by S.I. 1992/711,
reg. 28(3)(b)(5)(a)

C236S. 33(1)(h) modified (6.4.1992) by S.I. 1992/711,
reg. 28(3)(b)(5)(a)

C237S. 33(1)(i) modified (6.4.1992) by S.I. 1992/711,
reg. 28(3)(b)(5)(a)

C238S. 33(1)(j) modified (6.4.1992) by S.I. 1992/711,
reg. 28(3)(b)(5)(a)

C239S. 33(1)(c) modified (6.4.1992) by S.I. 1992/711,
reg. 28(3)(b)(5)(a)

C240S. 33(1)(m) modified (6.4.1992) by S.I. 1992/711,
reg. 28(3)(b)(5)(a)

C241S. 33(1)(n) modified (6.4.1992) by S.I. 1992/711,
reg. 28(3)(b)(5)(a)

C242S. 33(1)(o) applied (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C243S. 33(2) applied (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C244S. 33(2) modified (6.4.1992) by S.I. 1992/711,
reg. 28(3)(b)(5)(a)

C245S. 33(3) applied (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C246S. 33(3) modified (6.4.1992) by S.I. 1992/711,
reg. 28(3)(b)(5)(a)

C247S. 33(4)(e) modified (6.4.1992) by S.I. 1992/711,
reg. 28(3)(b)(5)(a)

34 Extension of time for bringing summary proceedings. E+W+S+N.I.

(1)Where—

(a)a special report on any matter to which section 14 of this Act applies is made
by virtue of subsection [F140(2)]
of that section; or

(b)a report is made by the person holding an inquiry into any such matter by virtue
of subsection [F141(2A)]
of that section; or

(c)a coroner’s inquest is held touching the death of any person whose death may have
been caused by an accident which happened while he was at work or by a disease which
he contracted or probably contracted at work or by any accident, act or omission
which occured in connection with the work of any person whatsoever; or

(d)a public inquiry into any death that may have been so caused is held under [F142the M5Fatal Accidents and Sudden Deaths Inquiry (Scotland)
Act 1976],

and it appears from the report or, in a case falling within paragraph (c) or (d)
above, from the proceedings at the inquest or inquiry, that any of the relevant
statutory provisions was contravened at a time which is material in relation to
the subject-matter of the report, inquest or inquiry, summary proceedings against
any person liable to be proceeded against in respect of the contravention may be
commenced at any time within three months of the making of the report or, in a case
falling within paragraph (c) or (d) above, within three months of the conclusion
of the inquest or inquiry.

(2)Where an offence under any of the relevant statutory provisions is committed by
reason of a failure to do something at or within a time fixed by or under any of
those provisions, the offence shall be deemed to continue until that thing is done.

(3)Summary proceedings for an offence to which this subsection applies may be commenced
at any time within six months from the date on which there comes to the knowledge
of a responsible enforcing authority evidence sufficient in the opinion of that
authority to justify a prosecution for that offence; and for the purposes of this
subsection—

(a)a certificate of an enforcing authority stating that such evidence came to its
knowledge on a specified date shall be conclusive evidence of that fact; and

(b)a document purporting to be such a certificate and to be signed by or on behalf
of the enforcing authority in question shall be presumed to be such a certificate
unless the contrary is proved.

(4)The preceding subsection applies to any offence under any of the relevant statutory
provisions which a person commits by virtue of any provision or requirement to which
he is subject as the designer, manufacturer, importer or supplier of any thing;
and in that subsection “responsible enforcing authority” means an enforcing authority
within whose field of responsibility the offence in question lies, whether by virtue
of section 35 or otherwise.

(5)In the application of subsection (3) above to Scotland—

(a)for the words from “there comes” to “that offence” there shall be substituted
the words “evidence, sufficient in the opinion of the enforcing authority to justify
a report to the Lord Advocate with a view to consideration of the question of prosecution,
comes to the knowledge of the authority”;

(b)at the end of paragraph (b) there shall be added the words “and

(c)section [F143331(3)
of the M6Criminal Procedure (Scotland) Act 1975] (date of
commencement of proceedings) shall have effect as it has effect for the purposes
of that section.”

[F144(6)In the application of subsection (4) above to
Scotland, after the words “applies to” there shall be inserted the words “any offence
under section 33(1)(c) above where the health and safety regulations concerned were
made for the general purpose mentioned in section 18(1) of the Gas Act 1986 and”.]

Annotations:

Amendments (Textual)


F140
Words in s. 34(1)(a) substituted (1.4.2008)
by The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 13(a) (with art. 21, Sch. 2)


F141
Words in s. 34(1)(b) substituted (1.4.2008)
by The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 13(b) (with art. 21, Sch. 2)


F142
Words substituted by virtue of Interpretation Act 1978 (c.
30)
, s. 17(2)(a)


F143
Words substituted by Criminal Procedure (Scotland)
Act 1975 (c. 21)
,
Sch. 9 para. 51


F144
S. 34(6) inserted by
Gas Act 1986 (c. 44, SIF 44:2)
, s. 67(1), Sch. 7 para. 18

Modifications etc. (not altering text)

C300S. 34 applied by
S.I. 1989/840
, arts. 2-10

S. 34 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9

S. 34 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10

S. 34 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192,
reg. 15, Sch. 14 para. 1(b)

S. 34 applied (with modifications) (1.7.1997) by S.I. 1997/831,
reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 34 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

C301Ss. 33-35 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(b)

C302S. 34 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 3(e)(i)

C303Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1)(d), (2)(3)

C304Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975,
reg. 19(d)

C305Ss. 34 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

S. 34 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(b)

S. 34 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37)

C306S. 34 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)

C307S. 34 applied (with modifications) (E.W.S) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(e)

S. 34 applied (E.W.S.) (22.4.2005) by S.I. 2005/928,
reg. 4(2)(3)(5)(6)

S. 34 applied (2.4.2006) by S.I. 2006/397, reg. 34(3)(d)

C308S. 34(1)(c) 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)(h)
(subject to (4)-(6))
(with art. 7)

C309S. 34(1)(d) 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)(h)
(subject to (4)-(6))
(with art. 7)

C310S. 34(2) applied (with modifications) (E.W.S) (9.6.2004) by S.I. 2004/1309,
reg. 17

C311S. 34(2)-(6): power to apply conferred (E.W.S.) (28.8.1995) by
1995 c. 15
, ss. 2(4)(g), 5 (with s. 3(5))

C312S. 34 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

C313S. 34(2)-(5) 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)(h)
(subject to (4)-(6))
(with art. 7)

C314S. 34(3) applied (with modifications) (E.W.S) (9.6.2004) by S.I. 2004/1309,
reg. 17

C315S. 34(3)(4)(5) modified (6.4.1992) by

S.I. 1992/711
, regs. 1(2), 28(3)(b)(5)(a)

S. 34(3)(4)(5) appied (with modifications) (18.7.1995) by S.I. 1995/1629,
reg. 30(3)(b)(5)

C316S. 34(3) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

C317S. 34(3) applied (with modifications) (E.W.S.) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)

C318S. 34(2)-(5) 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)(h)
(subject to (4)-(6))
(with art. 7)

C319S. 34(4) applied (with modifications) (E.W.S) (9.6.2004) by S.I. 2004/1309,
reg. 17

C320S. 34(4) applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C321S. 34(4) modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

S. 34(4) appied (with modifications) (18.7.1995) by S.I. 1995/1629,
reg. 30(3)(b)(5)

C322S. 34(4) applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C323S. 34(4) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

C324S. 34(2)-(5) 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)(h)
(subject to (4)-(6))
(with art. 7)

C325S. 34(5) applied (with modifications) (E.W.S) (9.6.2004) by S.I. 2004/1309,
reg. 17

C326S. 34(5) modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

S. 34(5) appied (with modifications) (18.7.1995) by S.I. 1995/1629,
reg. 30(3)(b)(5)

C327S. 34(5) applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C328S. 34(5) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

C329S. 34(2)-(5) 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)(h)
(subject to (4)-(6))
(with art. 7)

C330S. 34(6) applied (with modifications) (E.W.S) (9.6.2004) by S.I. 2004/1309,
reg. 17

C331S. 34(6) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

Marginal Citations


M5
1976
c. 14
.


M6
1975
c. 21
.

35 Venue. E+W+S+N.I.

An offence under any of the relevant statutory provisions commited in connection
with any plant or substance may, if necessary for the purpose of bringing the offence
within the field of responsibility of any enforcing authority or conferring jurisdiction
on any court to entertain proceedings for the offence, be treated as having been
commited at the place where that plant or substance is for the time being.

Annotations:

Modifications etc. (not altering text)

C332S. 35 applied by
S.I. 1989/840
, arts. 2-10

S. 35 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9

S. 35 applied (with modifications) (E.W.S.) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

S. 35: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(a), 5 (with s. 3(5))

S. 35 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192,
reg. 15, Sch. 14 para. 1(b) S. 35 applied (with modifications) (1.7.1997)
by
S.I. 1997/831
, reg. 19(1)-(4),
Sch. 15 para. 1(a)(b)

S. 35 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

C333Ss. 35 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(b)

C334Ss. 35-39 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C335Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1), (2)(3)

C336Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975,
reg. 19(d)

C337Ss. 33-35 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

Ss. 33-42 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(b)

Ss. 33-42 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37)

C338Ss. 1-59, 80-82 applied (E.W.S.) (11.7.2001) by S.I. 2001/2127,
arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with
art. 11)

C339S. 35 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)

C340S. 35 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(e); s. 35 applied (E.W.S.) (22.4.2005) by

S.I. 2005/928
{reg. 4(2)(3)(5)(6)}; s. 35 applied (2.4.2006) by S.I. 2006/397,
{reg. 34)(3)(d)}

C341S. 35 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)(h)
(subject to (4)-(6))
(with art. 7)

36 Offences due to fault of other person. E+W+S+N.I.

(1)Where the commission by any person of an offence under any of the relevant statutory
provisions is due to the act or default of some other person, that other person
shall be guilty of the offence, and a person may be charged with and convicted of
the offence by virtue of this subsection whether or not proceedings are taken against
the first-mentioned person.

(2)Where there would be or have been the commission of an offence under section 33
by the Crown but for the circumstance that that section does not bind the Crown,
and that fact is due to the act or default of a person other than the Crown, that
person shall be guilty of the offence which, but for that circumstance, the Crown
would be committing or would have committed, and may be charged with and convicted
of that offence accordingly.

(3)The preceding provisions of this section are subject to any provision made by
virtue of section 15(6).

Annotations:

Modifications etc. (not altering text)

C342S. 36 applied by
S.I. 1989/840
, arts. 2-10

S. 36 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9

S. 36 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10 S. 36 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

C343S. 36 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C344Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1), (2)(3)

C345Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975,
reg. 19(d)

C346S. 36 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)

S. 36 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(b)

S. 36 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37)

C347S. 36 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)

C348S. 36 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(e); s. 36 applied (E.W.S.) (22.4.2005) by

S.I. 2005/928
, reg. 4(2)(3)(5)(6);
s. 36 applied (2.4.2006) by S.I. 2006/397,
reg. 34

C349S. 36(1)(2) applied (with modifications) (1.1.1993) by S.I.1992/3073,
reg. 28, Sch. 6 para. 1(c)

C350Ss. 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)

C351S. 36(1): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(h), 5 (with s. 3(5))

C352S. 36(1) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

C353Ss. 36(1)(2), 37 applied (with modifications) (1.7.1997) by

S.I. 1997/831
, reg. 19(1)-(4),
Sch. 15 para. 1(a)(c)

C354S. 36(1) applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309,
reg. 17

C355S. 36(1) 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)(h)
(subject to (4)-(6))
(with art. 7)

C356S. 36 applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

C357S. 36(2) 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)(h)
(subject to (4)-(6))
(with art. 7)

37 Offences by bodies corporate. E+W+S+N.I.

(1)Where an offence under any of the relevant statutory provisions committed by a
body corporate is proved to have been committed with the consent or connivance of,
or to have been attributable to any neglect on the part of, any director, manager,
secretary or other similar officer of the body corporate or a person who was purporting
to act in any such capacity, he as well as the body corporate shall be guilty of
that offence and shall be liable to be proceeded against and punished accordingly.

(2)Where the affairs of a body corporate are manged by its members, the preceding
subsection shall apply in relation to the acts and defaults of a member in connection
with his functions of management as if he were a director of the body corporate.

Annotations:

Modifications etc. (not altering text)

C358S. 37 applied by
S.I. 1989/840
, arts. 2-10

S. 37 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9

S. 37 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10

Ss. 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)

S. 37: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(h), 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)

C359S. 37 applied by
S.I. 1990/556
, reg. 5(2)

C360S. 37 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(c)

Ss. 36(1)(2), 37 applied (with modifications) (1.7.1997) by

S.I. 1997/831
, reg. 19(1)-(4),
Sch. 15 para. 1(a)(c)

C361Ss. 35-39 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C362Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1), (2)(3)

C363Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

C364Ss. 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)

C365Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975,
reg. 19(d)

Ss. 33-42 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(b)

Ss. 33-42 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37)

C366S. 37 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)

C367S. 37 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(e); s. 37 applied (with modifications) (E.W.S.)
(9.6.2004) by
S.I. 2004/1309
, reg. 17; s. 37 applied (E.W.S.) (22.4.2005)
by
S.I. 2005/928
, reg. 4(2)(3)(5)(6);
ss. 37 applied (2.4.2006) by S.I. 2006/397,
reg. 34(3)(d)

C368Ss. 37-41 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)(h)
(subject to (4)-(6))
(with art. 7)

38 Restrictions on institution of proceedings in England and Wales. E+W+S+N.I.

Proceedings for an offence under any of the relevant statutory provisions shall not,
in England and Wales, be instituted except by an inspector or [F145the
Environment Agency or]by or with the consent of the Director of Public Prosecutions.

Annotations:

Amendments (Textual)


F145
Words in s. 38 inserted (E.W.S.) (1.4.1996) by 1995 c. 25,
s. 120(1), Sch. 22 para. 30(7)
(with ss. 7(6), 115, 117); S.I. 1996/186,
art. 3

Modifications etc. (not altering text)

C369S. 38 applied by
S.I. 1989/840
, arts. 2-10

S. 38 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9

S. 38 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10

Ss. 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)

S. 38: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(i), 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. 19-28, 33-35, 38, 39, 41, 42 applied (with modifications)
(E.W.S.) (1.3.1996) by
S.I. 1996/192
, reg. 15, Sch. 14 para. 1(b)

Ss. 19-28, 33-35, 38, 39, 41, 42 applied (with modifications)
(1.7.1997) by
S.I. 1997/831
, reg. 19(1)-(4),
Sch. 15 para. 1(a)(b)

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

C370S. 38 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(b)

S. 38 applied (15.2.1999) by 1998 c. 17,
s. 20(3), (with s. 9(1)(2), Sch. 3 para. 5(1)); S.I. 1999/161,
art. 2(1)(2)

C371Ss. 35-39 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)

C372Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1)(d), (2)(3)

C373Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975,
reg. 19(d)

C374S. 38 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C375Ss. 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)

Ss. 33-42 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(b)

Ss. 33-42 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37)

C376S. 38 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)

C377S. 38 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(e); s. 38 applied (with modifications) (E.W.S.)
(9.6.2004) by
S.I. 2004/1309
, reg. 17; s. 38 applied (E.W.S.) (22.4.2005)
by
S.I. 2005/928
, reg. 4(2)(3)(5)(6);
s. 38 applied (2.4.2006) by S.I. 2006/397,
reg. 34(3)(d)

C378Ss. 37-41 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)(h)
(subject to (4)-(6))
(with art. 7)

39 Prosecutions by inspectors. E+W+N.I.

(1)An inspector, if authorised in that behalf by the enforcing authority which appointed
him, may, although not of counsel or a solicitor, prosecute before a magistrates’
court proceedings for an offence under any of the relevant statutory provisions.

(2)This section shall not apply to Scotland.

Annotations:

Modifications etc. (not altering text)

C379S. 39 applied by
S.I. 1989/840
, arts. 2-10

S. 39 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9

S. 39 extended (E.W.) (1.10.1996) by S.I. 1996/1513,
reg. 10

S. 39 applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

S. 39: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(i), 5 (with s. 3(5))

S. 39 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17 S. 39 applied (with modifications) (E.W.S.) (1.3.1996)
by
S.I. 1996/192
, reg. 15, Sch. 14 para. 1(b)

S. 39 applied (with modifications) (1.7.1997) by S.I. 1997/831,
reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 39 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

C380S. 39 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(b)

C381Ss. 35-39 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a)_

C382Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1), (2)(3)

C383Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975,
reg. 19(d)

C384S. 39 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C385S. 39 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)

S. 39 applied (E.W.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(b)

S. 39 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37)

C386S. 39 applied (with modifications) (E.W.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(e); ss. 39 applied (with modifications)
(E.W.) (9.6.2004) by
S.I. 2004/1309
, reg. 17; s. 39 applied (E.W.) (22.4.2005)
by
S.I. 2005/928
, reg. 4(2)(3)(5)(6);
s. 39 applied (E.W.) (2.4.2006) by S.I. 2006/397,
reg. 34(3)(d)

C387Ss. 37-41 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)(h)
(subject to (4)-(6))
(with art. 7)

40 Onus of proving limits of what is practicable etc. E+W+S+N.I.

In any proceedings for an offence under any of the relevant statutory provisions
consisting of a failure to comply with a duty or requirement to do something so
far as is practicable or so far as is reasonably practicable, or to use the best
practicable means to do something, it shall be for the accused to prove (as the
case may be) that it was not practicable or not reasonably practicable to do more
than was in fact done to satisfy the duty or requirement, or that there was no better
practicable means than was in fact used to satisfy the duty or requirement.

Annotations:

Modifications etc. (not altering text)

C388S. 40 applied by
S.I. 1989/840
, arts. 2-10

S. 40 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9

S. 40: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(j), 5 (with s. 3(5))

S. 40 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

S. 40 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

C389Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1), (2)(3)

C390Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975,
reg. 19(d)

C391Ss. 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)

Ss. 33-42 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(b)

Ss. 33-42 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37)

C392S. 40 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(e); s. 40 applied (with modifications) (E.W.S.)
(9.6.2004) by
S.I. 2004/1309
, reg. 17; s. 40 applied (E.W.S.) (22.4.2005)
by
S.I. 2005/928
, reg. 4(2)(3)(5)(6);
s. 40 applied (E.W.S.) (2.4.2006) by S.I. 2006/397,
reg. 34(3)(c)

C393Ss. 37-41 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)(h)
(subject to (4)-(6))
(with art. 7)

41 Evidence. E+W+S+N.I.

(1)Where an entry is required by any of the relevant statutory provisions to be made
in any register or other record, the entry, if made, shall, as against the person
by or on whose behalf it was made, be admissible as evidence or in Scotland sufficient
evidence of the facts stated therein.

(2)Where an entry which is so required to be so made with respect to the observance
of any of the relevant statutory provisions has not been made, that fact shall be
admissible as evidence or in Scotland sufficient evidence that that provision has
not been observed.

Annotations:

Modifications etc. (not altering text)

C394S. 41 applied by
S.I. 1989/840
, arts. 2-10

S. 41: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(j), 5 (with s. 3(5))

S. 41 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

S. 41 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192,
reg. 15, Sch. 14 para. 1(b)

S. 41 applied (with modifications) (1.7.1997) by S.I. 1997/831,
reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 41 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

C395S. 41 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(b)

C396S. 41 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a).

C397Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1), (2)(3)

C398Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975,
reg. 19(d)

C399S. 41 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C400Ss. 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)

Ss. 33-42 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(b)

Ss. 33-42 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37)

C401S. 41 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(e); s. 41 applied (with modifications) (E.W.S.)
(9.6.2004) by
S.I. 2004/1309
, reg. 17; s. 41 applied (E.W.S.) (22.4.2005)
by
S.I. 2005/928
, reg. 4(2)(3)(5)(6);
s. 41 applied (2.4.2006) by S.I. 2006/397,
reg. 34(3)(d)

C402Ss. 37-41 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)(h)
(subject to (4)-(6))
(with art. 7)

42 Power of court to order cause of offence to be remedied or, in certain cases,
forfeiture. E+W+S+N.I.

(1)Where a person is convicted of an offence under any of the relevant statutory
provisions in respect of any matters which appear to the court to be matters which
it is in his power to remedy, the court may, in addition to or instead of imposing
any punishment, order him. within such time as may be fixed by the order, to take
such steps as may be specified in the order for remedying the said matters.

(2)The time fixed by an order under subsection (1) above may be extended or further
extended by order of the court on an application made before the end of that time
as originally fixed or as extended under this subsection, as the case may be.

(3)Where a person is ordered under subsection (1) above to remedy any matters, that
person shall not be liable under any of the relevant statutory provisions in respect
of those matters in so far as they continue during the time fixed by the order or
any further time allowed under subsection (2) above.

[F146(3A)Subsection (4) applies where a person is convicted
of an offence consisting of acquiring or attempting to acquire, possessing or using
an explosive article or substance (within the meaning of any of the relevant statutory
provisions) in contravention of any of the relevant statutory provisions.]

(4)Subject to the following subsection, the court by or before which [F147the
person is convicted of the offence] may order the article or substance in question
to be forfeited and either destroyed or dealt with in such other manner as the court
may order.

(5)The court shall not order anything to be forfeited under the preceding subsection
where a person claiming to be the owner of or otherwise interested in it applies
to be heard by the court, unless an opportunity has been given to him to show cause
why the order should not be made.

Annotations:

Amendments (Textual)


F146
S. 42(3A) inserted (16.1.2009) by Health and Safety
(Offences) Act 2008 (c. 20)
, ss. 2,
3(2),
Sch. 3 para. 2(2)
(with s. 3(3))


F147
Words in s. 42(4) substituted (16.1.2009) by Health and Safety
(Offences) Act 2008 (c. 20)
, ss. 2(1),
3(2),
Sch. 3 para. 2(3)
(with s. 3(3))

Modifications etc. (not altering text)

C403S. 42 applied by
S.I. 1989/840
, arts. 2-10

S. 42 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9

S. 42 applied (with modifications) (9.1.1995) by S.I. 1994/3260,
reg. 17(3)(5)

S. 42: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15,
ss. 2(4)(k), 5 (with s. 3(5))

S. 42 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

S. 42 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192,
reg. 15, Sch. 14 para. 1(b)

S. 42 applied (with modifications) (1.7.1997) by S.I. 1997/831,
reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 42 applied (15.11.2000) by S.I. 2000/2831,
reg. 26(1)(a)

C404S. 42 applied (with modifications) (1.1.1993) by S.I. 1992/3073,
reg. 28, Sch. 6 para. 1(b)

C405S. 42 modified (6.4.1992) by S.I. 1992/711,
regs. 1(2), 28(3)(b)(5)(a).

C406Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743,
reg. 20(1), (2)(3)

C407Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892,
reg. 16(1)

Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975,
reg. 19(d)

C408S. 42 applied (with modifications) (29.11.1999) by S.I. 1999/2001,
reg. 24(1), Sch. 8 para. 1(b)

C409Ss. 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)

Ss. 33-42 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(b)

Ss. 33-42 applied (16.5.2002) by S.I. 2002/1166,
reg. 31 (with art. 37)

C410S. 42 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. 42 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(e); ss. 37-42 applied (with modifications)
(E.W.S.) (9.6.2004) by
S.I. 2004/1309
, reg. 17; s. 42 applied (E.W.S.) (22.4.2005)
by
S.I. 2005/928
, reg. 4(2)(3)(5)(6);
s. 42 applied (2.4.2006) by S.I. 2006/397,
reg. 34(3)(d)

C411S. 42(1) extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10

C412S. 42(1)-(3) 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)(h)
(subject to (4)-(6))
(with art. 7)

C413S. 42(2) extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10

C414S. 42(1)-(3) 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)(h)
(subject to (4)-(6))
(with art. 7)

C415S. 42(3) extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10

C416S. 42(1)-(3) 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)(h)
(subject to (4)-(6))
(with art. 7)

Financial provisions

43 Financial provisions. E+W+S+N.I.

(1)It shall be the duty of the Secretary of State to pay to [F148the
Executive] such sums as are approved by the Treasury and as he considers appropriate
for the purpose of enabling [F148the Executive] to perform
its functions; F149.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Regulations may provide for such fees as may be fixed by or determined under the
regulations to be payable for or in connection with the performance by or on behalf
of any authority to which this subsection applies of any function conferred on that
authority by or under any of the relevant statutory provisions.

(3)Subsection (2) above applies to the following authorities, namely
F150
. . . the Executive, the Secretary of State, . . .
F151
, every enforcing authority, and any other person on whom any function
is conferred by or under any of the relevant statutory provisions.

(4)Regulations under this section may specify the person by whom any fee payable
under the regulations is to be paid; but no such fee shall be made payable by a
person in any of the following capacities, namely an employee, a person seeking
employment, a person training for employment, and a person seeking training for
employment.

(5)Without prejudice to section 82(3), regulations under this section may fix or
provide for the determination of different fees in relation to different functions,
or in relation to the same function in different circumstances.

[F152(6)The power to make regulations under this section
shall be exercisable by the Secretary of State F153. . ..]

(8)In subsection (4) above the references to a person training for employment and
a person seeking training for employment shall include respectively a person attending
an industrial rehabilitation course provided by virtue of the
M7
Employment and TrainingAct 1973 and a person seeking to attend such a
course.

(9)For the purposes of this section the performance by an inspector of his functions
shall be treated as the performance by the enforcing authority which appointed him
of functions conferred on that authority by or under any of the relevant statutory
provisions.

Annotations:

Amendments (Textual)


F148
Words in s. 43(1) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 14(a)(i) (with art. 21, Sch. 2)


F149
Words in s. 43(1) omitted (1.4.2008) by virtue
of The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 14(a)(ii) (with art. 21, Sch. 2)


F150
Words in s. 43(3) omitted (1.4.2008) by virtue
of The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 14(b) (with art. 21, Sch. 2)


F151
Words repealed by
Employment Protection Act 1975 (c. 71)
, Sch. 18


F152
S. 43(6) substituted for s. 43(6)(7) by Employment Protection
Act 1975 (c. 71)
, Sch. 15
para. 12


F153
Words in s. 43(6) repealed (27.3.2002) by S.I. 2002/794,
art. 5(2), Sch. (with art. 6)

Modifications etc. (not altering text)

C417Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840
, arts. 2–10

C418Ss. 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)

Marginal Citations


M7
1973
c. 50
.

[F15743ARailway
safety levy E+W+S

(1)The Secretary of State may make regulations requiring persons who provide railway
services to pay railway safety levy.

(2)Railway safety levy shall be applied only for the purpose of meeting expenses
incurred—

[F154(a)in respect of activities undertaken by the Office
of Rail Regulation under or by virtue of this Act or Schedule 3 to the Railways
Act 2005; or

(b)in respect of activities in relation to a transport system falling within paragraph
1(3) of that Schedule that are undertaken by that Office under or by virtue of any
other enactment.]

(3)The railway safety levy shall not be used to meet—

(a)an expense in respect of which a fee is payable under regulations made under section
43, or

(b)an expense in respect of a matter specified by the regulations for the purpose
of this paragraph.

(4)Where an expense is incurred partly in respect of activity within subsection (2)(a)
or (b) and partly in respect of other activity, the railway safety levy may be used
to meet a part of that expense which is reasonably referable to activity within
subsection (2)(a) or (b).

(5)Regulations under subsection (1) may, in particular, determine or enable the [F155Office
of Rail Regulation] to determine—

(a)the total amount of the railway safety levy to be imposed in respect of a specified
period;

(b)the persons by whom the levy is to be paid;

(c)the criteria for assessing the proportion of the levy to be paid by a particular
person (which may, in particular, refer to the size of a person’s income or provide
for an amount to be reduced or waived in specified circumstances);

(d)the periods in respect of which the levy is to be paid;

(e)the manner in which the levy is to be paid;

(f)the person to whom the levy is to be paid;

(g)when the levy is to be paid.

(6)Regulations under subsection (1) may, in particular, enable the [F155Office of Rail Regulation]—

(a)to require a person who provides railway services to supply information for the
purposes of the consideration of a matter specified in subsection (5);

(b)where information requested is not supplied, to make assumptions;

(c)to revise a determination of a matter specified in subsection (5)(whether before,
during or after the period to which it relates);

(d)to make refunds.

(7)Regulations by virtue of subsection (6)(a) may, in particular, make provision—

(a)about the manner and timing of the supply of information;

(b)about certification of the accuracy of information supplied;

(c)creating a criminal offence in connection with the supply of inaccurate or misleading
information (but not an offence punishable with imprisonment).

(8)Regulations under subsection (1) may enable payment to be enforced by civil proceeding.

(9)For the purposes of this section a person provides railway services if he manages
or controls, or participates in managing or controlling, a transport system [F156falling
within paragraph 1(3) of Schedule 3 to the Railways Act 2005] .]

Annotations:

Amendments (Textual)


F154
S. 43A(2)(a)(b) substituted (E.W.S.)
(7.2.2006) by
Railways Act 2005 (c. 14)
, ss. 2, 60, Sch. 3 para. 12(2);

S.I. 2006/266
, art. 2(1)(a)(b)


F155
Words in s. 43A(5)(6) substituted (E.W.S.)
(7.2.2006) by
Railways Act 2005 (c. 14)
, ss. 2, 60, Sch. 3 para. 12(3);

S.I. 2006/266
, art. 2(1)(a)(b)


F156
Words in s. 43A(9) substituted (E.W.S.) (7.2.2006)
by
Railways Act 2005 (c. 14)
, ss. 2, 60, Sch. 3 para. 12(4);

S.I. 2006/266
, art. 2(1)(a)(b)


F157
S. 43A inserted (10.9.2003) by Railways and Transport
Safety Act 2003 (c. 20)
, ss. 105(1),
120

Modifications etc. (not altering text)

C419This version of this provision extends to England and Wales and Scotland only;
a separate version has been created for Northern Ireland only

43ARailway safety levy N.I.

(1)The Secretary of State may make regulations requiring persons who provide railway
services to pay railway safety levy.

(2)Railway safety levy shall be applied only for the purpose of meeting expenses
incurred—

(a)in respect of activity undertaken by the Executive in reliance on section 117
of the Railways Act 1993 (safety of railways, &c.), or

(b)in respect of activity undertaken by the Executive, under or by virtue of any
other enactment, in relation to a transport system to which that section applies.

(3)The railway safety levy shall not be used to meet—

(a)an expense in respect of which a fee is payable under regulations made under section
43, or

(b)an expense in respect of a matter specified by the regulations for the purpose
of this paragraph.

(4)Where an expense is incurred partly in respect of activity within subsection (2)(a)
or (b) and partly in respect of other activity, the railway safety levy may be used
to meet a part of that expense which is reasonably referable to activity within
subsection (2)(a) or (b).

(5)Regulations under subsection (1) may, in particular, determine or enable the Commission
or the Executive to determine—

(a)the total amount of the railway safety levy to be imposed in respect of a specified
period;

(b)the persons by whom the levy is to be paid;

(c)the criteria for assessing the proportion of the levy to be paid by a particular
person (which may, in particular, refer to the size of a person’s income or provide
for an amount to be reduced or waived in specified circumstances);

(d)the periods in respect of which the levy is to be paid;

(e)the manner in which the levy is to be paid;

(f)the person to whom the levy is to be paid;

(g)when the levy is to be paid.

(6)Regulations under subsection (1) may, in particular, enable the Commission or
the Executive—

(a)to require a person who provides railway services to supply information for the
purposes of the consideration of a matter specified in subsection (5);

(b)where information requested is not supplied, to make assumptions;

(c)to revise a determination of a matter specified in subsection (5)(whether before,
during or after the period to which it relates);

(d)to make refunds.

(7)Regulations by virtue of subsection (6)(a) may, in particular, make provision—

(a)about the manner and timing of the supply of information;

(b)about certification of the accuracy of information supplied;

(c)creating a criminal offence in connection with the supply of inaccurate or misleading
information (but not an offence punishable with imprisonment).

(8)Regulations under subsection (1) may enable payment to be enforced by civil proceeding.

(9)For the purposes of this section a person provides railway services if he manages
or controls, or participates in managing or controlling, a transport system to which
section 117 of the Railways Act 1993 applies.

Annotations:

Extent Information

E13This version of this provision extends to Northern Ireland only; a separate version
has been created for England and Wales and Scotland only

Miscellaneous and supplementary

44 Appeals in connection with licensing provisions in the relevant statutory provisions.
E+W+S+N.I.

(1)Any person who is aggrieved by a decision of an authority having power to issue
licences (other than F158.
. . nuclear site licences) under any of the relevant statutory provisions—

(a)refusing to issue him a licence, to renew a licence held by him, or to transfer
to him a licence held by another;

(b)issuing him a licence on or subject to any term, condition or restriction whereby
he is aggrieved;

(c)varying or refusing to vary any term, condition or restriction on or subject to
which a licence is held by him; or

(d)revoking a licence held by him,

may appeal to the Secretary of State.

(2)The Secretary of State may, in such cases as he considers it appropriate to do
so, having regard to the nature of the questions which appear to him to arise, direct
that an appeal under this section shall be determined on his behalf by a person
appointed by him for that purpose.

(3)Before the determination of an appeal the Secretary of State shall ask the appellant
and the authority against whose decision the appeal is brought whether they wish
to appear and be heard on the appeal and—

(a)the appeal may be determined without a hearing of the parties if both of them
express a wish not to appear and be heard as aforesaid;

(b)the Secretary of State shall, if either of the parties expresses a wish to appear
and be heard, afford to both of them an opportunity of so doing.

(4)The Tribunals and Inquiries Act [F1591992]
shall apply to a hearing held by a person appointed in pursuance of subsection (2)
above to determine an appeal as it applies to a statutory inquiry held by the Secretary
of State, but as if in [F159section 10(1)] of that
Act (statement of reasons for decisions) the reference to any decision taken by
the Secretary of State included a reference to a decision taken on his behalf by
that person.

[F160(4A)A hearing held by a person appointed in pursuance
of subsection (2) above shall be a statutory inquiry for the purposes of Schedule
7 to the Tribunals, Courts and Enforcement Act 2007 (functions etc. of Administrative
Justice and Tribunals Council).]

(5)A person who determines an appeal under this section on behalf of the Secretary
of State and the Secretary of State, if he determines such an appeal, may give such
directions as he considers appropriate to give effect to his determination.

(6)The Secretary of State may pay to any person appointed to hear or determine an
appeal under this section on his behalf such remuneration and allowances as the
Secretary of State may with the approval of the Minister for the Civil Service determine.

(7)In this section—

(a)“licence” means a licence under any of the relevant statutory provisions other
than [F161a nuclear site licence];

(b)“nuclear site licence” means a licence to use a site for the purpose of installing
or operating a nuclear installation within the meaning of the following subsection.

(8)For the purposes of the preceding subsection “nuclear installation” means—

(a)a nuclear reactor (other than such a reactor comprised in a means of transport,
whether by land, water or air); or

(b)any other installation of such class or description as may be prescribed for the
purposes of this paragraph or section 1(1)(b) of the
M8
Nuclear Installations Act 1965 being an installation designed or adapted
for—

(i)the production or use of atomic energy; or

(ii)the carrying out of any process which is preparatory or ancillary to the production
or use of atomic energy and which involves or is capable of causing the emission
of ionising radiations; or

(iii)the storage, processing or disposal of nuclear fuel or of bulk quantities of
other radioactive matter, being matter which has been produced or irradiated in
the course of the production or use of nuclear fuel;

and in this subsection—

“atomic energy” has the meaning assigned by the
M9
Atomic Energy Act 1946;

“nuclear reactor” means any plant (including any machinery, equipment or appliance,
whether affixed to land or not) designed or adapted for the production of atomic
energy by a fission process in which a controlled chain reaction can be maintained
without an additional source of neutrons.

Annotations:

Amendments (Textual)


F158
Words repealed by
Employment Protection Act 1975 (c. 71)
, Sch. 18


F159
Words in s. 44(4) substituted (1.10.1992) by Tribunals and Inquiries
Act 1992 (c. 53)
, ss. 18(1),
19(2), Sch. 3 para.9


F160
S. 44(4A) inserted (1.11.2007) by Tribunals, Courts and Enforcement
Act 2007 (c. 15)
, ss. 48(1),
148, Sch. 8 para.
3
;
S.I. 2007/2709
, art. 3(b)(i)


F161
Words substituted by Employment Protection Act 1975 ((c. 71), Sch. 15 para.
13

Modifications etc. (not altering text)

C420Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840
, arts. 2–10

C421Ss. 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)

C422S. 44(2)-(6) applied (13.5.2000) by S.I. 1999/3232,
reg. 5(6)

C423S. 44(2)-(6) applied (26.4.2005) by S.I. 2005/1082,
reg. 19

Marginal Citations


M8
1965
c. 57
.


M9
1946
c. 80
.

45 Default powers. E+W+S+N.I.

(1)Where, in the case of a local authority who are an enforcing authority, [F162the Executive] is of the opinion that an investigation
should be made as to whether that local authority have failed to perform any of
their enforcement functions [F162the Executive] may make
a report to the Secretary of State.

(2)The Secretary of State may, after considering a report submitted to him under
the preceding subsection, cause a local inquiry to be held; and the provisions of
subsections (2) to (5) of section 250 of the
M10
Local Government Act 1972 as to local inquiries shall, without prejudice
to the generality of subsection (1) of that section, apply to a local inquiry so
held as they apply to a local inquiry held in pursuance of that section.

(3)If the Secretary of State is satisfied, after having caused a local inquiry to
be held into the matter, that a local authority have failed to perform any of their
enforcement functions, he may make an order declaring the authority to be in default.

(4)An order made by virtue of the preceding subsection which declares an authority
to be in default may, for the purpose of remedying the default, direct the authority
(hereafter in this section referred to as “the defaulting authority”) to perform
such of their enforcement functions as are specified in the order in such manner
as may be so specified and may specify the time or times within which those functions
are to be performed by the authority.

(5)If the defaulting authority fail to comply with any direction contained in such
an order the Secretary of State may, instead of enforcing the order by mandamus,
make an order transferring to the Executive such of the enforcement functions of
the defaulting authority as he thinks fit.

(6)Where any enforcement functions of the defaulting authority are transferred in
pursuance of the preceding subsection, the amount of any expenses which the Executive
certifies were incurred by it in performing those functions shall on demand be paid
to it by the defaulting authority.

(7)Any expenses which in pursuance of the preceding subsection are required to be
paid by the defaulting authority in respect of any enforcement functions transferred
in pursuance of this section shall be defrayed by the authority in the like manner,
and shall be debited to the like account, as if the enforcement functions had not
been transferred and the expenses had been incurred by the authority in performing
them.

(8)Where the defaulting authority are required to defray any such expenses the authority
shall have the like powers for the purpose of raising the money for defraying those
expenses as they would have had for the purpose of raising money required for defraying
expenses incurred for the purpose of the enforcement functions in question.

(9)An order transferring any enforcement functions of the defaulting authority in
pursuance of subsection (5) above may provide for the transfer to the Executive
of such of the rights, liabilities and obligations of the authority as the Secretary
of State considers appropriate; and where such an order is revoked the Secretary
of State may, by the revoking order or a subsequent order, make such provision as
he considers appropriate with respect to any rights, liabilities and obligations
held by the Executive for the purposes of the transferred enforcement functions.

(10)The Secretary of State may by order vary or revoke any order previously made
by him in pursuance of this section.

(11)In this section “enforcement functions”, in relation to a local authority, means
the functions of the authority as an enforcing authority.

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

(a)in subsection (2) for the words “subsections (2) to (5) of section 250 of the
M11Local Government Act 1972” there shall be substituted
the words “subsections (2) to (8) of section 210 of theLocal Government (Scotland)
Act 1973”, except that before 16th May 1975 for the said words there shall be substituted
the words “subsections (2) to (9) of section 355 of the
M12
Local Government (Scotland) Act 1947”;

(b)in subsection (5) the words “instead of enforcing the order by mandamus” shall
be omitted.

Annotations:

Amendments (Textual)


F162
Words in s. 45(1) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 15 (with art. 21, Sch. 2)

Modifications etc. (not altering text)

C424Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840
, arts. 2–10

C425Ss. 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)

Marginal Citations


M10
1972
c. 70
.


M11
1972
c. 70
.


M12
1947
c. 43
.

46 Service of notices. E+W+S+N.I.

(1)Any notice required or authorised by any of the relevant statutory provisions
to be served on or given to an inspector may be served or given by delivering it
to him or by leaving it at, or sending it by post to, his office.

(2)Any such notice required or authorised to be served on or given to a person other
than an inspector may be served or given by delivering it to him, or by leaving
it at his proper address, or by sending it by post to him at that address.

(3)Any such notice may—

(a)in the case of a body corporate, be served on or given to the secretary or clerk
of that body;

(b)in the case of a partnership, be served on or given to a partner or a person having
the control or management of the partnership business or, in Scotland, the firm.

(4)For the purposes of this section and of [F163section
7 of the M13Interpretation Act 1978] (service of documents
by post) in its application to this section, the proper address of any person on
or to whom any such notice is to be served or given shall be his last known address,
except that—

(a)in the case of a body corporate or their secretary or clerk, it shall be the address
of the registered or principal office of that body;

(b)in the case of a partnership or a person having the control or the management
of the partnership business, it shall be the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered
outside the United Kingdom or of a partnership carrying on business outside the
United Kingdom shall be their principal office within the United Kingdom.

(5)If the person to be served with or given any such notice has specified an address
within the United Kingdom other than his proper address within the meaning of subsection
(4) above as the one at which he or someone on his behalf will accept notices of
the same description as that notice, that address shall also be treated for the
purposes of this section and [F163section 7 of the Interpretation
Act 1978] as his proper address.

(6)Without prejudice to any other provision of this section, any such notice required
or authorised to be served on or given to the owner or occupier of any premises
(whether a body corporate or not) may be served or given by sending it by post to
him at those premises, or by addressing it by name to the person on or to whom it
is to be served or given and delivering it to some responsible person who is or
appears to be resident or employed in the premises.

(7)If the name or the address of any owner or occupier of premises on or to whom
any such notice as aforesaid is to be served or given cannot after reasonable inquiry
be ascertained, the notice may be served or given by addressing it to the person
on or to whom it is to be served or given by the description of “owner” or “occupier”
of the premises (describing them) to which the notice relates, and by delivering
it to some responsible person who is or appears to be resident or employed in the
premises, or, if there is no such person to whom it can be delivered, by affixing
it or a copy of it to some conspicuous part of the premises.

(8)The preceding provisions of this section shall apply to the sending or giving
of a document as they apply to the giving of a notice.

Annotations:

Amendments (Textual)


F163
Words substituted by virtue of Interpretation Act 1978 (c.
30)
, s. 25(2)

Modifications etc. (not altering text)

C426S. 46 applied by
S.I. 1989/840
, arts. 2-10

S. 46 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9

S. 46 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 10 S. 46: power to apply conferred (E.W.S.) (28.8.1995)
by
1995 c. 15
, ss. 2(4)(l), 5 (with s. 3(5))

S. 46 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772,
reg. 17

C427Ss. 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)

C428S. 46 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. 46 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309,
reg. 17

C429S. 46 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)(i)
(subject to (4)-(6))
(with art. 7)

Marginal Citations


M13
1978
c. 30
.

47 Civil liability. E+W+S+N.I.

(1)Nothing in this Part shall be construed—

(a)as conferring a right of action in any civil proceedings in respect of any failure
to comply with any duty imposed by sections 2 to 7 or any contravention of section
8; or

(b)as affecting the extent (if any) to which breach of a duty imposed by any of the
existing statutory provisions is actionable; or

(c)as affecting the operation of section 12 of the
M14
Nuclear Installations Act 1965 (right to compensation by virtue of certain
provisions of that Act).

(2)Breach of a duty imposed by health and safety regulations
F164
. . . shall, so far as it causes damage, be actionable except in so far
as the regulations provide otherwise.

(3)No provision made by virtue of section 15(6)(b) shall afford a defence in any
civil proceedings, whether brought by virtue of subsection (2) above or not; but
as regards any duty imposed as mentioned in subsection (2) above health and safety
regulations . . . may provide for any defence specified in the regulations to be
available in any action for breach of that duty.

(4)Subsections (1)(a) and (2) above are without prejudice to any right of action
which exists apart from the provisions of this Act, and subsection (3) above is
without prejudice to any defence which may be available apart from the provisions
of the regulations there mentioned.

(5)Any term of an agreement which purports to exclude or restrict the operation of
subsection (2) above, or any liability arising by virtue of that subsection shall
be void, except in so far as health and safety regulations . . . provide otherwise.

(6)In this section “damage” includes the death of, or injury to, any person (including
any disease and any impairment of a person’s physical or mental condition).

Annotations:

Amendments (Textual)


F164
Words repealed by
Employment Protection Act 1975 (c. 71)
, Sch. 18

Modifications etc. (not altering text)

C430Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840
, arts. 2–10

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)

C431Ss. 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)

C432S. 47(2) applied (E.W.S.) (24.7.2002) by S.I. 2002/1689,
reg. 14(1)(c)

Marginal Citations


M14
1965
c. 57
.

48 Application to Crown. E+W+S+N.I.

(1)Subject to the provisions of this section, the provisions of this Part, except
sections 21 to 25 and 33 to 42, and of regulations made under this Part shall bind
the Crown.

(2)Although they do not bind the Crown, sections 33 to 42 shall apply to persons
in the public service of the Crown as they apply to other persons.

(3)For the purposes of this Part and regulations made thereunder persons in the service
of the Crown shall be treated as employees of the Crown whether or not they would
be so treated apart from this subsection.

(4)Without prejudice to section 15(5), the Secretary of State may, to the extent
that it appears to him requisite or expedient to do so in the interests of the safety
of the State or the safe custody of persons lawfully detained, by order exempt the
Crown either generally or in particular respects from all or any of the provisions
of this Part which would, by virtue of subsection (1) above, bind the Crown.

(5)The power to make orders under this section shall be exercisable by statutory
instrument, and any such order may be varied or revoked by a subsequent order.

(6)Nothing in this section shall authorise proceedings to be brought against Her
Majesty in her private capacity, and this subsection shall be construed as if section
38(3) of the M15Crown
Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in
her private capacity) were contained in this Act.

Annotations:

Modifications etc. (not altering text)

C433Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840
, arts. 2–10

S. 48 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 11

S. 48 applied (with modifications) (E.W.S.) (1.10.1996) by S.I. 1996/1513,
reg. 11

C434Ss. 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)

C435S. 48(1) applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(f)

C436S. 48(2) applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(f)

C437S. 48(3) applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129,
reg. 23(3)(f)

C438S. 48(4) modified (E.W.) (25.09.1991) by Atomic Weapons
Establishment Act 1991 (c. 46, SIF 8)
, ss. 3,
6, Sch.
para. 7(1)
.

Marginal Citations


M15
1947
c. 44
.

49 Adaptation of enactments to metric units or appropriate metric units. E+W+S+N.I.

(1)[F165Regulations made under this subsection may amend]—

(a)any of the relevant statutory provisions; or

(b)any provision of an enactment which relates to any matter relevant to any of the
general purposes of this Part but is not among the relevant statutory provisions;
or

(c)any provision of an instrument made or having effect under any such enactment
as is mentioned in the preceding paragraph,

by substituting an amount or quantity expressed in metric units for an amount or
quantity not so expressed or by substituting an amount or quantity expressed in
metric units of a description specified in the regulations for an amount or quantity
expressed in metric units of a different description.

(2)The amendments shall be such as to preserve the effect of the provisions mentioned
except to such extent as in the opinion of the [F165authority
making the regulations] is necessary to obtain amounts expressed in convenient and
suitable terms.

(3)Regulations made F166.
. . under this subsection may, in the case of a provision which falls within any
of paragraphs (a) to (c) of subsection (1) above and contains words which refer
to units other than metric units, repeal those words [F165if
the authority making the regulations] is of the opinion that those words could be
omitted without altering the effect of that provision.

[F167(4)The power to make regulations under this section
shall be exercisable by the Secretary of State F168. . .].

Annotations:

Amendments (Textual)


F165
Words substituted by Employment Protection Act
1975 (c. 71)
, Sch.
15 para. 15(1)


F166
Words repealed by
Employment Protection Act 1975 (c. 71)
, Sch. 18


F167
S. 49(4) substituted by Employment Protection
Act 1975 (c. 71)
, Sch.
15 para. 15(2)


F168
Words in s. 49(4) repealed (27.3.2002) by S.I. 2002/794,
art. 5(2), Sch. (with art. 6)

Modifications etc. (not altering text)

C439Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840
, arts. 2–10

C440Ss. 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)

50 Regulations under the relevant statutory provisions. E+W+S+N.I.

[F169(1)Where any power to make regulations under any
of the relevant statutory provisions is exercisable by the Secretary of State, that
power may be exercised either—

(a)so as to give effect (with or without modifications) to proposals submitted by
the Executive under section 11(3); or

(b)subject to subsection (1AA), independently of such proposals.

(1AA)The Secretary of State shall not exercise the power referred to in subsection
(1) independently of proposals from the Executive unless he has consulted the Executive
and such other bodies as appear to him to be appropriate.]

[F170(1A)Subsection (1) does not apply to the exercise
of a power to make regulations so far as it is exercised—

(a)for giving effect (with or without modifications) to proposals submitted by the
Office of Rail Regulation under paragraph 2(5) of Schedule 3 to the Railways Act
2005; or

(b)otherwise for or in connection with the railway safety purposes.]

(2)Where the [F171authority
who is to exercise any such power as is mentioned in subsection (1) above proposes
to exercise that power] so as to give effect to any such proposals as are there
mentioned with modifications, he shall, before making the regulations, consult [F172the Executive] .

(3)Where [F173the
Executive] proposes to submit [F174under
section [F17511(3)]] any such proposals as are mentioned
in subsection (1) above except proposals for the making of regulations under section
43(2), it shall, before so submitting them, consult—

(a)any government department or other body that appears to [F173the
Executive] to be appropriate (and, in particular, in the case of proposals for the
making of regulations under section 18(2), any body representing local authorities
that so appears, and, in the case of proposals for the making of regulations relating
to the electro-magnetic radiations, [F176the
Health Protection Agency]);

(b)such government departments and other bodies, if any, as, in relation to any matter
dealt with in the proposals, [F173the Executive] is required
to consult under this subsection by virtue of directions given to it by the Secretary
of State.

F177(4), (5). . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .

Annotations:

Amendments (Textual)


F169
S. 50(1)(1AA) substituted (1.4.2008)
for s. 50(1) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 16(2) (with art. 21, Sch. 2)


F170
S. 50(1A) inserted (E.W.S.) (1.4.2006) by Railways Act 2005
(c. 14)
, ss. 2, 60, Sch. 3 para. 13;

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


F171
Words substituted by Employment Protection Act
1975 (c. 71)
, Sch.
15 para. 16(2)


F172
Words in s. 50(2) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 16(3) (with art. 21, Sch. 2)


F173
Words in s. 50(3) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 16(4)(b) (with art. 21, Sch. 2)


F174
Words substituted by Employment Protection Act
1975 (c. 71)
, Sch.
15 para. 16(3)


F175
Words in s. 50(3) substituted (1.4.2008) by The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 16(4)(a) (with art. 21, Sch. 2)


F176
Words in s. 50(3)(a) substituted (1.4.2005)
by
Health Protection Agency Act 2004 (c. 17)
, s. 11,
Sch.
3 para. 5(3)
, S.I.
2005/121, {art. 2(2)}


F177
Ss. 2(5), 29, 31, 32, 50(4)(5), 53(2)–(6) repealed
by
Employment Protection Act 1975 (c. 71)
, Sch. 18

Modifications etc. (not altering text)

C441S. 50 applied by
S.I. 1989/840
, arts. 2-10

C442S. 50 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)

51 Exclusion of application to domestic employment. E+W+S+N.I.

Nothing in this Part shall apply in relation to a person by reason only that he employs
another, or is himself employed, as a domestic servant in a private household.

Annotations:

Modifications etc. (not altering text)

C443Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840
, arts. 2–10

C444Ss. 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)

[F17851A Application of Part to police. E+W

(1)For the purposes of this Part, a person who, otherwise than under a contract of
employment, holds the office of constable or an appointment as police cadet shall
be treated as an employee of the relevant officer.

(2)In this section “the relevant officer”—

(a)in relation to a member of a police force or a special constable or police cadet
appointed for a police area, means the chief officer of police,

[F179(b)in relation to a member of a police force seconded
to the Serious Organised Crime Agency to serve as a member of its staff, means that
Agency, and]

(c)in relation to any other person holding the office of constable or an appointment
as police cadet, means the person who has the direction and control of the body
of constables or cadets in question.

[F180(2A)For the purposes of this Part the relevant officer,
as defined by subsection (2)(a) or (c) above, shall be treated as a corporation
sole.

(2B)Where, in a case in which the relevant officer, as so defined, is guilty of an
offence by virtue of this section, it is proved—

(a)that the officer-holder personally consented to the commission of the offence,

(b)that he personally connived in its commission, or

(c)that the commission of the offence was attributable to personal neglect on his
part,

the office-holder (as well as the corporation sole) shall be guilty of the offence
and shall be liable to be proceeded against and punished accordingly.

(2C)In subsection (2B) above “the office-holder”, in relation to the relevant officer,
means an individual who, at the time of the consent, connivance or neglect—

(a)held the office or other position mentioned in subsection (2) above as the office
or position of that officer; or

(b)was for the time being responsible for exercising and performing the powers and
duties of that office or position.

(2D)The provisions mentioned in subsection (2E) below (which impose the same liability
for unlawful conduct of constables on persons having their direction or control
as would arise if the constables were employees of those persons) do not apply to
any liability by virtue of this Part.

(2E)Those provisions are—

(a)section 39 of the Police (Scotland) Act 1967;

(b)section 88(1) of the Police Act 1996;

(c)F181. . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .

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

(e)paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001;

(f)section 28 of the Serious Organised Crime and Police Act 2005.

[F182(g)paragraph 20 of Schedule 1 to the Police and
Justice Act 2006;]

(2F)In the application of this section to Scotland—

(a)subsection (2A) shall have effect as if for the words “corporation sole” there
were substituted distinct juristic person (that is to say, as a juristic person
distinct from the individual who for the time being is the office-holder);

(b)subsection (2B) shall have effect as if for the words “corporation sole” there
were substituted juristic person; and

(c)subsection (2C) shall have effect as if for the words “subsection (2B)” there
were substituted subsections (2A) and (2B).]

(3)For the purposes of regulations under section 2(4) above—

(a)the Police Federation for England and Wales shall be treated as a recognised trade
union recognised by each chief officer of police in England and Wales,

(b)the Police Federation for Scotland shall be treated as a recognised trade union
recognised by each chief officer of police in Scotland, and

(c)any body recognised by the Secretary of State for the purposes of section 64 of
the Police Act 1996 shall be treated as a recognised trade union recognised by each
chief officer of police in England, Wales and Scotland.

(4)Regulations under section 2(4) above may provide, in relation to persons falling
within subsection (2)(b) or (c) above, that a body specified in the regulations
is to be treated as a recognised trade union recognised by such person as may be
specified.]

Annotations:

Extent Information

E14This version of this provision extends to England and Wales only; a separate version
has been created for Scotland only

Amendments (Textual)


F178
S. 51A inserted (E.W.S.) (1.7.1998) by 1997 c. 42,
s. 1;
S.I. 1998/1542
, art. 2


F179
S. 51A(2)(b) substituted (E.W.) (1.4.2006)
by
Serious Organised Crime and Police Act 2005 (c.15)
, ss.
59
, 178,
Sch. 4 para. 20
;
S.I. 2006/378
, art. 4,
Sch. para. 10


F180
S. 51A(2A)-(2F) inserted (7.4.2005) by Serious Organised
Crime and Police Act 2005 (c. 15)
,
s. 158(1)(5)-(7)


F181
S. 51A(2E)(c)(d) repealed (1.4.2007)
by
Police and Justice Act 2006 (c. 48)
, ss. 52,
53(1), Sch. 15 Pt.
1(A)
;
S.I. 2007/709
, art. 3(o)(q)
(subject to art. 6)


F182
S. 51A(2E)(g) inserted (1.4.2007.)
by
Police and Justice Act 2006 (c. 48)
, ss. 1, 53(1),
Sch. 1 para.
54
;
S.I. 2007/709
, art. 3(a) (subject
to art. 6)

Modifications etc. (not altering text)

C445S. 51A applied (14.4.1999) by S.I. 1999/860,
art. 2

C446Ss. 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)

[F17851A
Application of Part to police. S

(1)For the purposes of this Part, a person who, otherwise than under a contract of
employment, holds the office of constable or an appointment as police cadet shall
be treated as an employee of the relevant officer.

(2)In this section “the relevant officer”—

(a)in relation to a member of a police force or a special constable or police cadet
appointed for a police area, means the chief officer of police,

(b)in relation to a person holding office under section 9(1)(b) or 55(1)(b) of the
Police Act 1997 (police members of the National Criminal Intelligence Service and
the National Crime Squad) means the Director General of the National Criminal Intelligence
Service or, as the case may be, the Director General of the National Crime Squad,
and

(c)in relation to any other person holding the office of constable or an appointment
as police cadet, means the person who has the direction and control of the body
of constables or cadets in question.

[F180(2A)For the purposes of this Part the relevant
officer, as defined by subsection (2)(a) or (c) above, shall be treated as a corporation
sole.

(2B)Where, in a case in which the relevant officer, as so defined, is guilty of an
offence by virtue of this section, it is proved—

(a)that the officer-holder personally consented to the commission of the offence,

(b)that he personally connived in its commission, or

(c)that the commission of the offence was attributable to personal neglect on his
part,

the office-holder (as well as the corporation sole) shall be guilty of the offence
and shall be liable to be proceeded against and punished accordingly.

(2C)In subsection (2B) above “the office-holder”, in relation to the relevant officer,
means an individual who, at the time of the consent, connivance or neglect—

(a)held the office or other position mentioned in subsection (2) above as the office
or position of that officer; or

(b)was for the time being responsible for exercising and performing the powers and
duties of that office or position.

(2D)The provisions mentioned in subsection (2E) below (which impose the same liability
for unlawful conduct of constables on persons having their direction or control
as would arise if the constables were employees of those persons) do not apply to
any liability by virtue of this Part.

(2E)Those provisions are—

(a)section 39 of the Police (Scotland) Act 1967;

(b)section 88(1) of the Police Act 1996;

(c)F183. . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . .

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

(e)paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001;

(f)section 28 of the Serious Organised Crime and Police Act 2005.

[F182(g)paragraph 20 of Schedule 1 to the Police
and Justice Act 2006;]

(2F)In the application of this section to Scotland—

(a)subsection (2A) shall have effect as if for the words “corporation sole” there
were substituted distinct juristic person (that is to say, as a juristic person
distinct from the individual who for the time being is the office-holder);

(b)subsection (2B) shall have effect as if for the words “corporation sole” there
were substituted juristic person; and

(c)subsection (2C) shall have effect as if for the words “subsection (2B)” there
were substituted subsections (2A) and (2B).]

(3)For the purposes of regulations under section 2(4) above—

(a)the Police Federation for England and Wales shall be treated as a recognised trade
union recognised by each chief officer of police in England and Wales,

(b)the Police Federation for Scotland shall be treated as a recognised trade union
recognised by each chief officer of police in Scotland, and

(c)any body recognised by the Secretary of State for the purposes of section 64 of
the Police Act 1996 shall be treated as a recognised trade union recognised by each
chief officer of police in England, Wales and Scotland.

(4)Regulations under section 2(4) above may provide, in relation to persons falling
within subsection (2)(b) or (c) above, that a body specified in the regulations
is to be treated as a recognised trade union recognised by such person as may be
specified.]

Annotations:

Extent Information

E15This version of this provision extends to Scotland only; a separate version has
been created for England and Wales only

Amendments (Textual)


F178
S. 51A inserted (E.W.S.) (1.7.1998) by 1997 c. 42,
s. 1;
S.I. 1998/1542
, art. 2


F180
S. 51A(2A)-(2F) inserted (7.4.2005) by Serious Organised
Crime and Police Act 2005 (c. 15)
,
s. 158(1)(5)-(7)


F182
S. 51A(2E)(g) inserted (1.4.2007.)
by
Police and Justice Act 2006 (c. 48)
, ss. 1, 53(1),
Sch. 1 para.
54
;
S.I. 2007/709
, art. 3(a) (subject
to art. 6)


F183
S. 51A(2E)(c)(d) repealed (1.4.2007)
by
Police and Justice Act 2006 (c. 48)
, ss. 52,
53(1), Sch. 15 Pt.
1(A)
;
S.I. 2007/709
, art. 3(o)(q)
(subject to art. 6)

Modifications etc. (not altering text)

C445S. 51A applied (14.4.1999) by S.I. 1999/860,
art. 2

C446Ss. 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)

52 Meaning of work and at work. E+W+S+N.I.

(1)For the purposes of this Part—

(a)“work” means work as an employee or as a self-employed person;

(b)an employee is at work throughout the time when he is in the course of his employment,
but not otherwise;

[F184(bb)a person holding the office of constable is at
work throughout the time when he is on duty, but not otherwise; and]

(c)a self-employed person is at work throughout such time as he devotes to work as
a self-employed person;

and, subject to the following subsection, the expressions “work” and “at work”, in
whatever context, shall be construed accordingly.

(2)Regulations made under this subsection may—

(a)extend the meaning of “work” and “at work” for the purposes of this Part; and

(b)in that connection provide for any of the relevant statutory provisions to have
effect subject to such adaptations as may be specified in the regulations.

[F185(3)The power to make regulations under subsection
(2) above shall be exercisable by the Secretary of State F186.
. ..]

Annotations:

Amendments (Textual)


F184
S. 52(1)(bb) substituted for word
in s. 52(1)(b) (E.W.S.) (1.7.1998) by 1997 c. 42, s. 2; S.I. 1998/1542,
art. 2


F185
S. 52(3) substituted for s. 52(3)(4) by Employment Protection
Act 1975 (c. 71)
, Sch. 15
para. 17


F186
Words in s. 52(3) repealed (27.3.2002) by S.I. 2002/794,
art. 5(2), Sch. (with art. 6)

Modifications etc. (not altering text)

C447Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied
by
S.I. 1989/840
, arts. 2–10

C448Ss. 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)

C449S. 52 applied (E.W.S.) (1.4.2006) by Railways Act 2005
(c. 14)
, ss. 2, 60, {Sch. 3 para.
11(10))};
S.I. 2006/266
, art. 2(2), Sch.

53 General interpretation of Part I. E+W+S+N.I.

(1)In this Part, unless the context otherwise requires—

F187. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .

“article for use at work” means—

(a)

any plant designed for use or operation (whether exclusively or not) by persons
at work, and

(b)

any article designed for use as a component in any such plant;

[F188“article of fairground equipment” means any fairground
equipment or any article designed for use as a component in any such equipment;]

“code of practice” (without prejudice to section 16(8)) includes a standard, a specification
and any other documentary form of practical guidance;

F189. . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .

“conditional sale agreement” means an agreement for the sale of goods under which
the purchase price or part of it is payable by instalments, and the property in
the goods is to remain in the seller (notwithstanding that the buyer is to be in
possession of the goods) until such conditions as to the payment of instalments
or otherwise as may be specified in the agreement are fulfilled;

“contract of employment” means a contract of employment or apprenticeship (whether
express or implied and, if express, whether oral or in writing);

“credit-sale agreement” means an agreement for the sale of goods, under which the
purchase price or part of it is payable by instalments, but which is not a conditional
sale agreement;

[F190“customs officer” means an officer within the meaning
of the Customs and Excise Management Act M161979;]

“domestic premises” means premises occupied as a private dwelling (including any
garden, yard, garage, outhouse or other appurtenance of such premises which is not
used in common by the occupants of more than one such dwelling), and “non-domestic
premises” shall be construed accordingly;

“employee” means an individual who works under a contract of employment [F191or
is treated by section 51A as being an employee], and related expressions shall be
construed accordingly;

“enforcing authority” has the meaning assigned by section 18(7);

“the Executive” has the meaning assigned by section [F19210(1)];

“the existing statutory provisions” means the following provisions while and to the
extent that they remain in force, namely the provisions of the Acts mentioned in
Schedule 1 which are specified in the third column of that Schedule and of the regulations,
orders or other instruments of a legislative character made or having effect under
any provision so specified;

F193. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .

[F194“fairground equipment” means any fairground ride,
any similar plant which is designed to be in motion for entertainment purposes with
members of the public on or inside it or any plant which is designed to be used
by members of the public for entertainment purposes either as a slide or for bouncing
upon, and in this definition the reference to plant which is designed to be in motion
with members of the public on or inside it includes a reference to swings, dodgems
and other plant which is designed to be in motion wholly or partly under the control
of, or to be put in motion by, a member of the public;]

“the general purposes of this Part” has the meaning assigned by section 1;

“health and safety regulations” has the meaning assigned by section 15(1);

“hire-purchase agreement” means an agreement other than a conditional sale agreement,
under which—

(a)

goods are bailed or (in Scotland) hired in return for periodical payments by the
person to whom they are bailed or hired; and

(b)

the property in the goods will pass to that person if the terms of the agreement
are complied with and one or more of the following occurs:

(b)(i)

the exercise of an option to purchase by that person;

(ii)

the doing of any other specified act by any party to the agreement;

(iii)

the happening of any other event;

and “hire-purchase” shall be construed accordingly;

“improvement notice” means a notice under section 21;

“inspector” means an inspector appointed under section 19;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“local authority” means—

(a)

in relation to England F195.
. ., a county council, F196.
. . a district council, a London borough council, the Common Council of the City
of London, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle
Temple,

(aa)

[F197in relation to Wales, a county council or a county
borough council,]

(b)

in relation to Scotland, a [F198council
constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

[F199“micro-organism” includes any microscopic biological
entity which is capable of replication;]

“offshore installation” means any installation which is intended for underwater exploitation
of mineral resources or exploration with a view to such exploitation;

“personal injury” includes any disease and any impairment of a person’s physical
or mental condition;

“plant” includes any machinery, equipment or appliance;

“premises” includes any place and, in particular, includes—

(a)

any vehicle, vessel, aircraft or hovercraft,

(b)

any installation on land (including the foreshore and other land intermittently
covered by water), any offshore installation, and any other installation (whether
floating, or resting on the seabed or the subsoil thereof, or resting on other land
covered with water or the subsoil thereof), and

(c)

any tent or moveable structure;

“prescribed” means prescribed by regulations made by the Secretary of State;

“prohibition notice” means a notice under section 22;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F200“railway safety purposes” has the same meaning as
in Schedule 3 to the Railways Act 2005;]

“the relevant statutory provisions” means—

(a)

the provisions of this Part and of any health and safety regulations
F201
. . .; and

(b)

the existing statutory provisions;

“self-employed person” means an individual who works for gain or reward otherwise
than under a contract of employment, whether or not he himself employs others;

“substance” means any natural or artificial substance [F202(including
micro-organisms)], whether in solid or liquid form or in the form of a gas or vapour;

F203. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .

“supply”, where the reference is to supplying articles or substances, means supplying
them by way of sale, lease, hire or hire-purchase, whether as principal or agent
for another.

F204(2)—(6). . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .

Annotations:

Amendments (Textual)


F187
Definitions repealed by Employment Protection Act
1975 (c. 71)
, Sch. 18


F188
Definition inserted by Consumer Protection Act 1987
(c. 43, SIF 109:1)
, s. 36, Sch. 3 para.
7(a)


F189
S. 53(1): definition of “the Commission” omitted (1.4.2008) by
virtue of The Legislative
Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 17(a) (with art. 21, Sch. 2)


F190
Definition inserted by Consumer Protection Act 1987
(c. 43, SIF 109:1)
, s. 36, Sch. 3 para.
7(b)


F191
S. 53(1): words in definition of “employee” inserted (E.W.S.)
(1.7.1998) by
1997 c. 42
, s. 6(1); S.I. 1998/1542,
art. 2


F192
S. 53(1): word in definition of “the Executive” substituted (1.4.2008)
by The Legislative Reform (Health
and Safety Executive) Order 2008 (S.I. 2008/960)
, art. 17(b) (with art. 21, Sch. 2)


F193
Definition repealed by Employment Protection Act
1975 (c. 71)
, Sch. 18


F194
Definition inserted by Consumer Protection Act 1987
(c. 43, SIF 109:1)
, s. 36, Sch. 3 para.
7(c)


F195
S. 53(1): words in definition of “local authority” repealed (1.4.1996)
by
1994 c. 19
, s. 22(3), Sch. 9 para. 9,