Journal of the 826th Plenary Meeting of the Forum for Security Co-operation
The provisions of this Part shall have effect with a view to—
securing the health, safety and welfare of persons at work;
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;
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; and
controlling the emission into the atmosphere of noxious or offensive substances from premises of any class prescribed for the purposes of this paragraph.
The provisions of this Part relating to the making of health and safety regulations . . . 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.
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.
References in this Part to the general purposes of this Part are references to the purposes mentioned in subsection (1) above.
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.
Without prejudice to the generality of an employer’s duty under the preceding subsection, the matters to which that duty extends include in particular—
the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;
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;
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;
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;
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.
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.
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.
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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.
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 subsection (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.
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.
It shall be the duty of every self-employed person who conducts an undertaking of a prescribed description to conduct the undertakingin 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.
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.
A description of undertaking included in regulations under subsection (2) may be framed by reference to—
the type of activities carried out by the undertaking, where those activities are carried out or any other feature of the undertaking;
whether persons who may be affected by the conduct of the undertaking, other than the self-employed person (or his employees), may thereby be exposed to risks to their health or safety.
This section has effect for imposing on persons duties in relation to those who— and applies to premises so made available and other non-domestic premises used in connection with them.
are not their employees; but
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,
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.
Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to— 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.
the maintenance or repair of any premises to which this section applies or any means of access thereto or egress therefrom; or
the safety of or the absence of risks to health arising from plant or substances in any such premises;
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).
Subject 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.
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.
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.
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.
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.
For the purposes of subsection (5) above, the “determination date” for a prescribed process is—
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;
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.
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.
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—
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;
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;
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
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.
It shall be the duty of any person who undertakes the design or manufacture of any article for use at work or 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.
It shall be the duty of any person who designs, manufactures, imports or supplies any article of fairground equipment—
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;
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;
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
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.
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 or who erects or installs any article of fairground equipment to ensure, so far as is reasonably practicable, that nothing about the way in which the 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.
It shall be the duty of any person who manufactures, imports or supplies any substance—
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;
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
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
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.
It shall be the duty of any person who undertakes the manufacture of any substance 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 substance may give rise at all such times as are mentioned in paragraph (a) of subsection (4) above.
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.
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.
Where a person designs, manufactures, imports or supplies an article for 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 at 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 by virtue of that paragraph to such extent as is reasonable having regard to the terms of the undertaking.
Where a person (“the ostensible supplier”) supplies any article or substance to another (“the customer”) under a hire-purchase agreement, conditional sale agreement or credit-sale agreement, and the ostensible 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.
carries on the business of financing the acquisition of goods by others by means of such agreements; and
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”),
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.
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—
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
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.
It shall be the duty of every employee while at work—
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
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.
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.
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.
There shall be a body corporate to be known as the Health and Safety Executive (in this Act referred to as “ the Executive ”).
The provisions of Schedule 2 shall have effect with respect to the Executive.
The functions of the Executive and of its officers and servants shall be performed on behalf of the Crown.
as to three of them, consult such organisations representing employers as he considers appropriate ;
as to three others, consult such organisations representing employees as he considers appropriate; and
as to any other members he may appoint, consult such organisations representing local authorities and such other organisations, including professional bodies, the activities of whose members are concerned with matters relating to any of the general purposes of this Part, as he considers appropriate.
For the purpose of any civil proceedings arising out of those functions—
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
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.
The Health and Safety Executive (hereafter in this Act referred to as " the Executive ") shall consist of three persons of whom one shall be appointed by the Commission with the approval of the Secretary of State to be the director of the Executive and the others shall be appointed by the Commission with the like approval after consultation with the said director.
The provisions of Schedule 2 shall have effect with respect to the Commission and the Executive.
The functions of the Commission and of the Executive, and of their officers and servants, shall be performed on behalf of the Crown.
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.
In connection with the general purposes of this Part, the Executive shall—
assist and encourage persons concerned with matters relevant to those purposes to further those purposes;
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;
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—
government departments,
local authorities,
employers,
employees,
organisations representing employers or employees, and
other persons concerned with matters relevant to the general purposes of this Part.
to submit from time to time to the authority having power to make regulations under any of the relevant statutory provisions such proposals as the Commission considers appropriate for the making of regulations under that power.
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.
to submit to the Secretary of State from time to time particulars of what it proposes to do for the purpose of performing its functions ; and
subject to the following paragraph, to ensure that its activities are in accordance with proposals approved by the Secretary of State; and
to give effect to any directions given to it by the Secretary of State.
In subsections (1) to (3)—
references to the general purposes of this Part do not include references to any of the transferred purposes; and
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 any of the transferred purposes, or
under section 43 and concern fees relating to nuclear site regulation.
It shall be the duty of the Executive—
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 ...;
to ensure that its activities ... are in accordance with proposals approved by the Secretary of State; and
to give effect to any directions given to it by the Secretary of State.
In subsection (4)—
“ the transferred purposes ” means—
the railway safety purposes;
the nuclear safety purposes;
the nuclear security purposes;
the nuclear safeguards purposes;
the radioactive material transport purposes;
“ fees relating to nuclear site regulation ” means fees payable for or in connection with the performance of a function by or on behalf of—
the Office for Nuclear Regulation, or
any inspector appointed by the Office for Nuclear Regulation.
The Executive shall provide a Minister of the Crown on request—
with information about its activities in connection with any matter with which the Minister is concerned; and
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 ....
Subsection (4)(b)(i) does not apply in relation to the making of regulations under section 3(2) for the railway safety purposes (and, accordingly, the Executive shall submit under subsection (3) such proposals as the Executive considers appropriate for the making of regulations under section 3(2) for those purposes).
The Executive may submit to the Secretary of State any proposal submitted to it by the Office for Nuclear Regulation under section 81 of the Energy Act 2013 (proposals about orders and regulations).
approve, with or without modifications, any proposals submitted to him in pursuance of section 11 (3)(a);
The Secretary of State may approve any proposals submitted to him under section 11(5)(a) with or without modifications.
give to the Commission at any time such directions as he thinks fit with respect to its functions (including directions modifying its functions, but not directions conferring on it functions other than any of which it was deprived by previous directions given by virtue of this paragraph), and any directions which it appears to him requisite or expedient to give in the interests of the safety of the State.
The Secretary of State may at any time give to the Executive—
such directions as he thinks fit with respect to its functions, or
such directions as appear to him requisite or expedient to give in the interests of the safety of the State.
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.
The reference to directions in subsection (2)(a)—
includes directions modifying the Executive's functions, but
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).
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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.
to make agreements with any government department or other person for that department or person to perform on behalf of the Commission or the Executive (with or without payment) any of the functions of the Commission or, as the case may be, of the Executive;
subject to subsection (2) below, to make agreements with any Minister of the Crown, government department or other public authority for the Commission to perform on behalf of that Minister, department or authority (with or without payment) functions exercisable by the Minister, department or authority (including, in the case of a Minister, functions not conferred by an enactment), being functions which in the opinion of the Secretary of State can appropriately be performed by the Commission in connection with any of the Commission's functions;
to provide (with or without payment) services or facilities required otherwise than for the general purposes of this Part in so far as they are required by any government department or other public authority in connection with the exercise by that department or authority of any of its functions;
to appoint persons or committees of persons to provide the Commission with advice in connection with any of its functions and (without prejudice to the generality of the following paragraph) to pay to persons so appointed such remuneration as the Secretary of State may with the approval of the Minister for the Civil Service determine;
in connection with any of the functions of the Commission, to pay to any person such travelling and subsistence allowances and such compensation for loss of remunerative time as the Secretary of State may with the approval of the Minister for the Civil Service determine;
to carry out or arrange for or make payments in respect of research into any matter connected with any of the Commission's functions, and to disseminate or arrange for or make payments in respect of the dissemination of information derived from such research ;
to include, in any arrangements made by the Commission for the provision of facilities or services by it or on its behalf, provision for the making of payments to the Commission or any person acting on its behalf by other parties to the arrangements and by persons who use those facilities or services.
The power in subsection (1) shall not include the power to borrow money.
The Executive may make agreements with a government department or other person for that department or person to perform any of its functions on its behalf, with or without payment.
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 on behalf of the Minister, department or authority, with or without payment.
The functions referred to in subsection (4)—
in the case of a Minister of the Crown, include functions not conferred by an enactment;
shall be functions which the Secretary of State considers can be appropriately performed by the Executive; and
do not include any power to make regulations or other instruments of a legislative character.
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.
The reference in subsection (6) to the general purposes of this Part does not include a reference to any of the following—
the nuclear safety purposes;
the nuclear security purposes;
the nuclear safeguards purposes;
the radioactive material transport purposes.
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.
The Executive may, in connection with the performance of its functions, pay to any person—
travelling and subsistence allowances, and
compensation for loss of remunerative time.
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.
The Executive may—
carry out, arrange for, or make payments for the carrying out of, research into any matter connected with its functions, and
disseminate or arrange for or make payments for the dissemination of information derived from this research.
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.
This section applies to the following matters, that is to say any accident, occurrence, situation or other matter whatsoever which the 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
those general purposes shall be treated as not including the railway safety purposes or the ONR's purposes; but
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.
The Executive may at any time—
investigate and make a special report on any matter to which this section applies; or
authorise another person to investigate and make a special report into any such matter.
Any inquiry held by virtue of subsection (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.
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.
Regulations made for the purposes of subsection (3) above may in particular include provision—
conferring on the person holding any such inquiry, and any person assisting him in the inquiry, powers of entry and inspection;
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;
requiring any such inquiry to be held otherwise than in public where or to the extent that a Minister of the Crown so directs.
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.
The Executive—
in the case of an investigation and special report made by virtue of subsection (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;
in the case of an inquiry held by virtue of subsection (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
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.
Provision that may be made by virtue of subsection (4)(a) includes, in particular, provision conferring functions on the Office for Nuclear Regulation in relation to powers of entry and inspection in relation to any premises for which it is an enforcing authority.
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This section applies to the following matters, that is to say any accident, occurrence, situation or other matter whatsoever which the 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.
The Executive may at any time—
investigate and make a special report on any matter to which this section applies; or
authorise another person to investigate and make a special report into any such matter.
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.
Any inquiry held by virtue of subsection (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.
Regulations made for the purposes of subsection (3) above may in particular include provision—
conferring on the person holding any such inquiry, and any person assisting him in the inquiry, powers of entry and inspection;
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;
requiring any such inquiry to be held otherwise than in public where or to the extent that a Minister of the Crown so directs.
Provision that may be made by virtue of subsection (4)(a) includes, in particular, provision conferring functions on the Office for Nuclear Regulation in relation to powers of entry and inspection in relation to any premises for which it is an enforcing authority.
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.
The Executive—
in the case of an investigation and special report made by virtue of subsection (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;
in the case of an inquiry held by virtue of subsection (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
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.
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Subject to the provisions of section 50, the Secretary of State . . . 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 ”).
Without prejudice to the generality of subsection (1) , 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.
In subsection (1), the reference to the general purposes of this Part does not include a reference to any of the following—
the nuclear safety purposes;
the nuclear security purposes;
the nuclear safeguards purposes;
the radioactive material transport purposes.
Health and safety regulations—
may repeal or modify any of the existing statutory provisions;
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;
may , subject to subsection (3A), 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.
Subsection (1A) does not preclude health and safety regulations from including provision merely because the provision could be made for any of the purposes mentioned in paragraphs (a) to (d) of that subsection.
Health and safety regulations—
may impose requirements by reference to the approval of the Executive or any other specified body or person;
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.
Health and safety regulations—
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;
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.
Health and safety regulations—
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;
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;
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;
may restrict the punishments (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.
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Nothing in this section is to be taken to permit health and safety regulations to make provision about responsibility for the enforcement of any of the relevant statutory provisions as they apply in relation to any GB nuclear site.
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.
Subsection (3A) does not prevent health and safety regulations providing for the Office of Rail RegulationOffice of Rail and Road to be responsible for the enforcement, in relation to GB nuclear sites, of any of the relevant statutory provisions that are made for the railway safety purposes.
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).
In subsections (3A) and (3B), “ GB nuclear site ” has the same meaning as in section 68 of the Energy Act 2013 (nuclear safety purposes).
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.
In this section “specified” means specified in health and safety regulations.
For the purpose of providing practical guidance with respect to the requirements of any provision of any of the enactments or instruments mentioned in subsection (1A) below , the Executive may, subject to the following subsection . . .
approve and issue such codes of practice (whether prepared by it or not) as in its opinion are suitable for that purpose;
approve such codes of practice issued or proposed to be issued otherwise than by the Executive as in its opinion are suitable for that purpose.
The 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—
any government department or other body that appears to the Executive to be appropriate.........; and
such government departments and other bodies, if any, as in relation to any matter dealt with in the code, the Executive is required to consult under this section by virtue of directions given to it by the Secretary of State.
Those enactments and instruments are—
sections 2 to 7 above;
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
the existing statutory provisions that are not such provisions by virtue of section 117(4) of the Railways Act 1993.
Where a code of practice is approved by the Executive under subsection (1) above, the Executive shall issue a notice in writing—
identifying the code in question and stating the date on which its approval by the Executive is to take effect; and
specifying for which of the provisions mentioned in subsection (1) above the code is approved.
The Executive may— 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.
from time to time revise the whole or any part of any code of practice prepared by it in pursuance of this section;
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;
The 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.
Where under the preceding subsection the Executive withdraws its approval from a code of practice approved under this section, the 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.
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.
The power of the Executive under subsection (1)(b) above to approve a code of practice issued or proposed to be issued otherwise than by the 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.
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.
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.
In any criminal proceedings—
a document purporting to be a notice issued by the Executive under section 16 shall be taken to be such a notice unless the contrary is proved; and
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.
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, the Executive may, subject to the following subsection . . .
approve and issue such codes of practice (whether prepared by it or not) as in its opinion are suitable for that purpose;
approve such codes of practice issued or proposed to be issued otherwise than by the Executive as in its opinion are suitable for that purpose.
The 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—
any government department or other body that appears to the Executive to be appropriate...; and
such government departments and other bodies, if any, as in relation to any matter dealt with in the code, the Executive is required to consult under this section by virtue of directions given to it by the Secretary of State.
Where a code of practice is approved by the Executive under subsection (1) above, the Executive shall issue a notice in writing—
identifying the code in question and stating the date on which its approval by the Executive is to take effect; and
specifying for which of the provisions mentioned in subsection (1) above the code is approved.
The Executive may— 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.
from time to time revise the whole or any part of any code of practice prepared by it in pursuance of this section;
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;
The 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.
Where under the preceding subsection the Executive withdraws its approval from a code of practice approved under this section, the 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.
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.
The power of the Executive under subsection (1)(b) above to approve a code of practice issued or proposed to be issued otherwise than by the 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.
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.
The Secretary of State may by regulations— 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.
make local authorities responsible for the enforcement of the relevant statutory provisions to such extent as may be prescribed;
make the Office for Nuclear Regulation responsible for the enforcement of the relevant statutory provisions to such extent as may be prescribed (and may in particular provide for any site or matter in relation to which the Office for Nuclear Regulation is made so responsible to be determined by the Secretary of State or the Office for Nuclear Regulation under the regulations);
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—
transferred from the Executive to local authorities or from local authorities to the Executive; or
transferred from the Executive or local authorities to the Office for Nuclear Regulation, or from the Office for Nuclear Regulation to the Executive or local authorities;
assigned to the Executive , to the Office for Nuclear Regulation or to local authorities for the purpose of removing any uncertainty as to what are by virtue of subsection (1A) or this subsection their respective responsibilities for the enforcement of those provisions;
assigned to the Office of Rail RegulationOffice of Rail and Road or the Office for Nuclear Regulation for the purpose of removing any uncertainty as to what are by virtue of any of the relevant statutory provisions their respective responsibilities for the enforcement of any of those provisions;
The Office for Nuclear Regulation is responsible for the enforcement of the relevant statutory provisions as they apply in relation to GB nuclear sites (within the meaning given in section 68 of the Energy Act 2013 (nuclear safety purposes)).
Any provision made by regulations under the preceding subsection shall have effect subject to any provision made by health and safety regulations . . . in pursuance of section 15(3)(c).
Subsection (1A) is subject to any provision of health and safety regulations making the Office of Rail RegulationOffice of Rail and Road responsible for the enforcement of any of the relevant statutory provisions to any extent in relation to such sites.
It shall be the duty of every local authority—
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
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 the Executive may give them.
Where any authority other than . . ., the Executive the Office for Nuclear Regulation or a local authority is by any of the relevant statutory provisions . . . made responsible for the enforcement of any of those provisions to any extent, it shall be the duty of that authority—
to make adequate arrangements for the enforcement of those provisions to that extent; and
except where that authority is the Office of Rail RegulationOffice of Rail and Road,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 the Executive may give to the authority.
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.
Regulations under subsection (2)(a) may not make local authorities enforcing authorities in relation to any site in relation to which the Office for Nuclear Regulation is an enforcing authority.
In this Part— but where by virtue of subsection (3) of section 13 of this Act or section 95 of the Energy Act 2013 (power for Office for Nuclear Regulation to arrange for exercise of functions by others) the performance of any function of . . . the Executive or the Office for Nuclear Regulation is delegated to a government department or person, references to . . . the Executive or the Office for Nuclear Regulation (as the case may be) (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 or arrangements under the provision in question , 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.
“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
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;
Where the Office for Nuclear Regulation is, by or under subsection (1A) or (2), made responsible for the enforcement of any of the relevant statutory provisions to any extent, it must make adequate arrangements for the enforcement of those provisions to that extent.
Before the Executive gives guidance under subsection (4)(b) it shall consult the local authorities.
It shall be the duty of the Executive and the local authorities—
to work together to establish best practice and consistency in the enforcement of the relevant statutory provisions;
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
from time to time to review those arrangements and to revise them when they consider it appropriate to do so.
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.
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—
be entitled to exercise only such of those powers as are so specified; and
be entitled to exercise the powers so specified only within the field of responsibility of the authority which appointed him.
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.
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.
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.
The powers of an inspector referred to in the preceding subsection are the following, namely—
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;
to take with him a constable if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;
without prejudice to the preceding paragraph, on entering any premises by virtue of paragraph (a) above to take with him—
any other person duly authorised by his (the inspector’s) enforcing authority; and
any equipment or materials required for any purpose for which the power of entry is being exercised;
to make such examination and investigation as may in any circumstances be necessary for the purpose mentioned in subsection (1) above;
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;
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;
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;
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);
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—
to examine it and do to it anything which he has power to do under that paragraph;
to ensure that it is not tampered with before his examination of it is completed;
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;
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;
to require the production of, inspect, and take copies of or of any entry in—
any books or documents which by virtue of any of the relevant statutory provisions are required to be kept; and
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;
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;
any other power which is necessary for the purpose mentioned in subsection (1) above.
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).
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.
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.
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.
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 spouse or civil partner of that person in any proceedings.
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.
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If an inspector is of the opinion that a person— 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.
is contravening one or more of the relevant statutory provisions; or
has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated,
This section applies to any activities which are being or are likely 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.
If as regards any activities to which this section applies an inspector is of the opinion that, as carried on or likely 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”).
A prohibition notice shall—
state that the inspector is of the said opinion;
specify the matters which in his opinion give or, as the case may be, will give rise to the said risk;
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
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.
A direction contained in a prohibition notice in pursuance of subsection (3)(d) above shall take effect—
at the end of the period specified in the notice; or
if the notice so declares, immediately.
In this section “a notice” means an improvement notice or a prohibition notice.
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—
may be framed to any extent by reference to any approved code of practice; and
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.
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.
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 and rescue authority . In this subsection fire and rescue authority, in relation to premises, means—
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;
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.
Where an improvement notice or a prohibition notice which is not to take immediate effect has been served—
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
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.
In the application of this section to Scotland—
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.
after subsection (5) there shall be inserted the following subsection—.
In this section “a notice” means an improvement notice or a prohibition notice.
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 employment 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.
Where an appeal under this section is brought against a notice within the period allowed under the preceding subsection, then—
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;
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).
One or more assessors may be appointed for the purposes of any proceedings brought before an employment tribunal under this section.
In this section “a notice” means an improvement notice or a prohibition notice.
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—
may be framed to any extent by reference to any approved code of practice; and
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.
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.
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 Fire Precautions Act 1971.
Where an improvement notice or a prohibition notice which is not to take immediate effect has been served—
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
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.
In the application of this section to Scotland—
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.
after subsection (5) there shall be inserted the following subsection—.
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).
Before there is rendered harmless under this section— 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.
any article that forms part of a batch of similar articles; or
any substance,
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— 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.
give a signed copy of the report to a responsible person at the premises where the article or substance was found by him; and
unless that person is the owner of the article or substance, also serve a signed copy of the report on the owner;
In this section “a notice” means an improvement notice or a prohibition notice.
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—
may be framed to any extent by reference to any approved code of practice; and
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.
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.
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
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);
in any other case, theScottish Fire and Rescue Service.
Where an improvement notice or a prohibition notice which is not to take immediate effect has been served—
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
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.
In the application of this section to Scotland—
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.
after subsection (5) there shall be inserted the following subsection—.
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.
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.
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.
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 1971 in the part of Great Britain where the goods are seized.
For the purpose of obtaining— the Executive may, with the consent of the Secretary of State, serve on any person a notice requiring that person to furnish to the 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.
any information which the Executive needs for the discharge of its functions; or
any information which an enforcing authority other than the Office for Nuclear Regulation needs for the discharge of the authority’s functions,
Nothing in section 9 of the Statistics of Trade Act 1947 (which restricts the disclosure of information obtained under that Act) shall prevent or penalise—
the disclosure by a Minister of the Crown to ... 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; ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 person performing any functions of the Executive on its behalf by virtue of section 13(3);
an officer of a body which is so performing any such functions; and
an adviser appointed under section 13(7).
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 ... of the Executive.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this and the two following subsections—
“relevant information” means information obtained by a person under section 27(1) or furnished to any person , other than the Office for Nuclear Regulation (or an inspector appointed by it), under section 27A above , by virtue of section 43A(6) below or in pursuance of a requirement imposed by any of the relevant statutory provisions; and
“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.
Subject to the following subsection, no relevant information shall be disclosed without the consent of the person by whom it was furnished.
The preceding subsection shall not apply to—
disclosure of information to . . . the Executive , the Office for Nuclear Regulation,, the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency, a government department or any enforcing authority;
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;
without prejudice to paragraph (a) above, disclosure by the recipient of information to—
an officer of a local authority who is authorised by that authority to receive it,
an officer . . . of a water undertaker, sewerage undertaker, water authority or water development board who is authorised by that . . . undertaker, authority or board to receive it,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a constable authorised by a chief officer of police to receive it;
disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case;
disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 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 section 14(2) or (2A).
In the preceding subsection, any reference to the Executive , the Office for Nuclear Regulation,, the Environment Agency, the Natural Resources Body for Wales, 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 or the Office for Nuclear Regulation, includes a reference to—
a person performing any functions of the Executive or Office for Nuclear Regulation on its behalf by virtue of section 13(3) of this Act or, as the case may be, section 95 of the Energy Act 2013;
an officer of a body which is so performing any such functions; and
an adviser appointed under section 13(7) or, in the case of the Office for Nuclear Regulation, a person providing advice to that body..
any other disclosure of information by the recipient, if–
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
the information is not held by the authority on behalf of another person.
A person to whom information is disclosed in pursuance of any of paragraphs (a) to (e) of subsection (3) above shall not use the information for a purpose other than—
in a case falling within paragraph (a) of that subsection, a purpose . . . of the Executive , of the Office for Nuclear Regulation or of the Environment Agency or of the Natural Resources Body for Wales 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;
in the case of information given to an officer of a body which is a local 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;
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.
References in subsections (3) and (5) above to a local authority include a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021, . . . a joint authority established by Part IV of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act , a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ... and the London Fire Commissioner.
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— 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.
for the purposes of his functions; or
for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 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 section 14(2) or (2A); or
with the relevant consent.
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 representatives the following descriptions of information, that is to say— and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.
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
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;
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.
Subsection (7) above does not apply if–
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
the information is not held by the authority on behalf of another person.
Nothing in subsection (7) or (9) applies to a person appointed as an inspector by the Office for Nuclear Regulation in relation to functions which the person has by virtue of that appointment.
The Broads Authority and every National Park authority shall be deemed to be local authorities for the purposes of this section.
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, the Commissioners for Her Majesty’s Revenue and Customs may authorise the disclosure to that person of any information obtained or held for the purposes of the exercise by Her Majesty’s Revenue and Customs of their functions in relation to imports.
This subsection applies to an enforcing authority and to an inspector , other than the Office for Nuclear Regulation or an inspector appointed by the Office for Nuclear Regulation.
A disclosure of information made to any person under subsection (1) above shall be made in such manner as may be directed by the Commissioners for Her Majesty’s Revenue and Customsand may be made through such persons acting on behalf of that person as may be so directed.
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.
In this and the two following subsections—
“relevant information” means information obtained by a person under section 27(1) or furnished to any person , other than the Office for Nuclear Regulation (or an inspector appointed by it), under section 27A above , by virtue of section 43A(6) below or in pursuance of a requirement imposed by any of the relevant statutory provisions; and
“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.
Subject to the following subsection, no relevant information shall be disclosed without the consent of the person by whom it was furnished.
The preceding subsection shall not apply to—
disclosure of information to . . . the Executive , the Office for Nuclear Regulation,, the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency, a government department or any enforcing authority;
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;
without prejudice to paragraph (a) above, disclosure by the recipient of information to—
an officer of a local authority who is authorised by that authority to receive it,
an officer of a water undertaker, sewerage undertaker, or Scottish Water who is authorised by that undertaker or, as the case may be, Scottish Water to receive it;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a constable authorised by a chief officer of police to receive it;
disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case;
disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 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 section 14(2) or (2A).
any other disclosure of information by the recipient, if–
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 or a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002, and
the information is not held by the authority on behalf of another person.
In the preceding subsection, any reference to the Executive , the Office for Nuclear Regulation,, the Environment Agency, the Natural Resources Body for Wales, 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 or the Office for Nuclear Regulation, includes a reference to—
a person performing any functions of the Executive or Office for Nuclear Regulation on its behalf by virtue of section 13(3) of this Act or, as the case may be, section 95 of the Energy Act 2013;
an officer of a body which is so performing any such functions; and
an adviser appointed under section 13(7) or, in the case of the Office for Nuclear Regulation, a person providing advice to that body.
A person to whom information is disclosed in pursuance of any of paragraphs (a) to (e) of subsection (3) above shall not use the information for a purpose other than—
in a case falling within paragraph (a) of that subsection, a purpose . . . of the Executive , of the Office for Nuclear Regulation or of the Environment Agency or of the Natural Resources Body for Wales 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;
in the case of information given to an officer of a body which is a local authority, a water undertaker, or a sewerage undertaker or to an officer of Scottish Water, the purposes of the body authority, 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;
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.
References in subsections (3) and (5) above to a local authority include . . . a joint authority established by Part IV of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 ... and the London Fire Commissioner.
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— 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.
for the purposes of his functions; or
for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 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 section 14(2) or (2A); or
with the relevant consent.
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 representatives the following descriptions of information, that is to say— and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.
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
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;
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.
Subsection (7) above does not apply if–
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 or a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002, and
the information is not held by the authority on behalf of another person.
Nothing in subsection (7) or (9) applies to a person appointed as an inspector by the Office for Nuclear Regulation in relation to functions which the person has by virtue of that appointment.
For the purposes of this section the Broads Authority shall be treated as a local authority.
In this and the two following subsections—
“relevant information” means information obtained by a person under section 27(1) or furnished to any person , other than the Office for Nuclear Regulation (or an inspector appointed by it), under section 27A above , by virtue of section 43A(6) below or in pursuance of a requirement imposed by any of the relevant statutory provisions; and
“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.
Subject to the following subsection, no relevant information shall be disclosed without the consent of the person by whom it was furnished.
The preceding subsection shall not apply to—
disclosure of information to . . . the Executive , the Office for Nuclear Regulation,, a government department or any enforcing authority;
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;
without prejudice to paragraph (a) above, disclosure by the recipient of information to—
an officer of a local authority who is authorised by that authority to receive it,
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,
an officer of a river purification board who is authorised by that board to receive it, or
a constable authorised by a chief officer of police to receive it;
disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case;
disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 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 section 14(2) or (2A).
any other disclosure of information by the recipient, if–
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
the information is not held by the authority on behalf of another person.
In the preceding subsection, any reference to the Executive , the Office for Nuclear Regulation,, the Environment Agency,the Natural Resources Body for Wales, 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 or the Office for Nuclear Regulation, includes a reference to—
a person performing any functions of the Executive or Office for Nuclear Regulation on its behalf by virtue of section 13(3) of this Act or, as the case may be, section 95 of the Energy Act 2013;
an officer of a body which is so performing any such functions; and
an adviser appointed under section 13(7) or, in the case of the Office for Nuclear Regulation, a person providing advice to that body.
A person to whom information is disclosed in pursuance of any of paragraphs (a) to (e) of subsection (3) above shall not use the information for a purpose other than—
in a case falling within paragraph (a) of that subsection, a purpose . . . of the Executive , of the Office for Nuclear Regulation 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;
in the case of information given to an officer of a body 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;
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.
References in subsections (3) and (5) above to a local authority include . . . a joint authority established by Part IV of the Local Government Act 1985, an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act... ... and the London Fire and Emergency Planning Authority.
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— 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.
for the purposes of his functions; or
for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 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 section 14(2) or (2A); or
with the relevant consent.
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 representatives the following descriptions of information, that is to say— and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.
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
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;
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.
Subsection (7) above does not apply if–
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
the information is not held by the authority on behalf of another person.
Nothing in subsection (7) or (9) applies to a person appointed as an inspector by the Office for Nuclear Regulation in relation to functions which the person has by virtue of that appointment.
For the purposes of this section the Broads Authority shall be treated as a local authority.
It shall be the duty of the appropriate Agriculture Minister—
to do such things and make such arrangements as he considers appropriate for the relevant agricultural purposes; and
to make such arrangements as he considers appropriate for securing that employers, employees, organisations representing employers and employees respectively, and other persons concerned with matters relevant to any of those purposes are kept informed of, and adequately advised on, such matters.
The Minister of Agriculture, Fisheries and Food shall make an annual report to Parliament of his proceedings under the relevant statutory provisions, and may include that report in the annual report made to Parliament in pursuance of section 13 of the Agricultural Wages Act 1948.
The Secretary of State concerned with agriculture in Scotland shall make an annual report to Parliament of his proceedings under the relevant statutory provisions.
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.
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.
Where health and safety regulations make provision for any purpose with respect to a matter that relates to (but not exclusively to) agricultural operations—
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
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.
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—
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;
in section 15(4) the references to the Commission shall be read as references to the appropriate Agriculture Minister;
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.
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— 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.
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
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;
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”.
The following provisions of this section shall have effect with a view to the application of certain provisions of this Part in relation to the Agriculture Ministers or matters relating exclusively to the relevant agricultural purposes.
Subject to the following subsection—
sections 13, 14, 17(3), 27 and 28 shall apply in relation to the appropriate Agriculture Minister as they apply in relation to the Commission ;
section 16 shall apply in relation to matters relating exclusively to the relevant agricultural purposes as it applies in relation to other matters.
In their application as provided by the preceding subsection, the provisions of this Part which are specified in the first column of Schedule 4 shall have effect subject to the modifications provided for in the second column of that Schedule.
It is an offence for a person—
to fail to discharge a duty to which he is subject by virtue of sections 2 to 7;
to contravene section 8 or 9;
to contravene any health and safety regulations . . . 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);
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;
to contravene any requirement imposed by an inspector under section 20 or 25;
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;
to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal);
intentionally to obstruct an inspector in the exercise or performance of his powers or duties or to obstruct a customs officer in the exercise of his powers under section 25A;
to contravene any requirement imposed by a notice under section 27(1);
to use or disclose any information in contravention of section 27(4) or 28;
to make a statement which he knows to be false or recklessly to make a statement which is false where the statement is made—
in purported compliance with a requirement to furnish any information imposed by or under any of the relevant statutory provisions; or
for the purpose of obtaining the issue of a document under any of the relevant statutory provisions to himself or another person;
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;
with intent to deceive, to forge 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;
falsely to pretend to be an inspector;
to fail to comply with an order made by a court under section 42.
Schedule 3A (which specifies the mode of trial and maximum penalty applicable to offences under this section and the existing statutory provisions) has effect.
Schedule 3A is subject to any provision made by virtue of section 15(6)(c) or (d).
on summary conviction, to a fine not exceeding £400;
on conviction on indictment—
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 ;
if the offence is not one to which the preceding sub-paragraph applies, to a fine.
Subsection (3)(b)(i) above applies to the following offences—
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 or the appropriate Agriculture Minister something for the doing of which such a licence is necessary under the relevant statutory provisions;
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;
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;
an offence under subsection (Dig) above consisting of contravening a requirement or prohibition imposed by a prohibition notice ;
an offence under subsection (1)(j) above.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where— and it appears from the report or investigation or, in a case falling within paragraph (d) above, from the proceedings at the 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, investigation 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 investigation or inquiry.
a special report on any matter to which section 14 of this Act applies is made by virtue of subsection (2) of that section; or
a report is made by the person holding an inquiry into any such matter by virtue of subsection (2A) of that section; or
an investigation under Part 1 of the Coroners and Justice Act 2009 is conducted into 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
an inquiry into any death that may have been so caused is held under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016,
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.
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 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
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.
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.
In the application of subsection (3) above to Scotland—
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”;
at the end of paragraph (b) there shall be added the words “and
section 331(3) of the Criminal Procedure (Scotland) Act 1975 (date of commencement of proceedings) shall have effect as it has effect for the purposes of that section.”
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”.
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.
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.
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.
The preceding provisions of this section are subject to any provision made by virtue of section 15(6).
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.
Where the affairs of a body corporate are managed 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.
Proceedings for an offence under any of the relevant statutory provisions shall not, in England and Wales, be instituted except by an inspector , the Environment Agency or the Natural Resources Body for Wales or by or with the consent of the Director of Public Prosecutions.
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.
This section shall not apply to Scotland.
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.
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.
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.
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.
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.
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.
Subject to the following subsection, the court by or before which the 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.
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.
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.
It shall be the duty of the Secretary of State to pay to the Executive such sums as are approved by the Treasury and as he considers appropriate for the purpose of enabling the Executive to perform its functions; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Subsection (2) above applies to the following authorities, namely . . . the Executive, the Secretary of State, . . . , every enforcing authority, and any other person on whom any function is conferred by or under any of the relevant statutory provisions.
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.
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.
The power to make regulations under this section shall be exercisable by the Secretary of State . . ..
as regards functions with respect to matters not relating exclusively to agricultural operations, by the Secretary of State;
as regards functions with respect to matters relating exclusively to the relevant agricultural purposes, by the appropriate argicultural authority.
Regulations under this section as regards functions falling within subsection (6)(b) above 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; and in subsection (6)(b) above " the appropriate agricultural authority" shall be construed accordingly.
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 Employment and TrainingAct 1973 and a person seeking to attend such a course.
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.
The Secretary of State may make regulations requiring persons who provide railway services to pay railway safety levy.
Railway safety levy shall be applied only for the purpose of meeting expenses incurred—
in respect of activities undertaken by the Office of Rail and Road under or by virtue of this Act or Schedule 3 to the Railways Act 2005; or
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.
The railway safety levy shall not be used to meet—
an expense in respect of which a fee is payable under regulations made under section 43, or
an expense in respect of a matter specified by the regulations for the purpose of this paragraph.
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).
Regulations under subsection (1) may, in particular, determine or enable the Office of Rail and Road to determine—
the total amount of the railway safety levy to be imposed in respect of a specified period;
the persons by whom the levy is to be paid;
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);
the periods in respect of which the levy is to be paid;
the manner in which the levy is to be paid;
the person to whom the levy is to be paid;
when the levy is to be paid.
Regulations under subsection (1) may, in particular, enable the Office of Rail and Road—
to require a person who provides railway services to supply information for the purposes of the consideration of a matter specified in subsection (5);
where information requested is not supplied, to make assumptions;
to revise a determination of a matter specified in subsection (5)(whether before, during or after the period to which it relates);
to make refunds.
Regulations by virtue of subsection (6)(a) may, in particular, make provision—
about the manner and timing of the supply of information;
about certification of the accuracy of information supplied;
creating a criminal offence in connection with the supply of inaccurate or misleading information (but not an offence punishable with imprisonment).
Regulations under subsection (1) may enable payment to be enforced by civil proceeding.
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 falling within paragraph 1(3) of Schedule 3 to the Railways Act 2005 .
The Secretary of State may make regulations requiring persons who provide railway services to pay railway safety levy.
Railway safety levy shall be applied only for the purpose of meeting expenses incurred—
in respect of activity undertaken by the Executive in reliance on section 117 of the Railways Act 1993 (safety of railways, &c.), or
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.
The railway safety levy shall not be used to meet—
an expense in respect of which a fee is payable under regulations made under section 43, or
an expense in respect of a matter specified by the regulations for the purpose of this paragraph.
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).
Regulations under subsection (1) may, in particular, determine or enable the Commission or the Executive to determine—
the total amount of the railway safety levy to be imposed in respect of a specified period;
the persons by whom the levy is to be paid;
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);
the periods in respect of which the levy is to be paid;
the manner in which the levy is to be paid;
the person to whom the levy is to be paid;
when the levy is to be paid.
Regulations under subsection (1) may, in particular, enable the Commission or the Executive—
to require a person who provides railway services to supply information for the purposes of the consideration of a matter specified in subsection (5);
where information requested is not supplied, to make assumptions;
to revise a determination of a matter specified in subsection (5)(whether before, during or after the period to which it relates);
to make refunds.
Regulations by virtue of subsection (6)(a) may, in particular, make provision—
about the manner and timing of the supply of information;
about certification of the accuracy of information supplied;
creating a criminal offence in connection with the supply of inaccurate or misleading information (but not an offence punishable with imprisonment).
Regulations under subsection (1) may enable payment to be enforced by civil proceeding.
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.
Any person who is aggrieved by a decision of an authority having power to issue licences ...under any of the relevant statutory provisions— may appeal to the Secretary of State.
refusing to issue him a licence, to renew a licence held by him, or to transfer to him a licence held by another;
issuing him a licence on or subject to any term, condition or restriction whereby he is aggrieved;
varying or refusing to vary any term, condition or restriction on or subject to which a licence is held by him; or
revoking a licence held by him,
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.
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—
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;
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.
The Tribunals and Inquiries Act 1992 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 section 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.
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.
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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.
In this section—
“licence” means a licence under any of the relevant statutory provisions ...;
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a nuclear reactor (other than such a reactor comprised in a means of transport, whether by land, water or air); or
“Factories Act certificate” means a certificate under section 40 of the Factories Act 1961 (means of escape in case of fire-certification by fire authority);
the production or use of atomic energy ; or
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
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;
" prescribed " means prescribed by regulations made by the Secretary of State;
" the 1971 Act " means the Fire Precautions Act 1971 ;
In this subsection " the relevant person "—
as regards such an appeal as is mentioned in paragraph (a) above, means the appellant;
as regards a reference under the said section 67, means the person on whose application (jointly with the local authority) the reference was made ;
as regards any such application as is mentioned in paragraph (c) above, means the applicant.
Where, in the case of a local authority who are an enforcing authority, the 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 the Executive may make a report to the Secretary of State.
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 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.
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.
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.
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.
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.
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.
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.
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.
The Secretary of State may by order vary or revoke any order previously made by him in pursuance of this section.
In this section “enforcement functions”, in relation to a local authority, means the functions of the authority as an enforcing authority.
In the application of this section to Scotland—
in subsection (2) for the words “subsections (2) to (5) of section 250 of the Local Government Act 1972” there shall be substituted the words “subsections (2) to (8) of section 210 of the Local 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 Local Government (Scotland) Act 1947”;
in subsection (5) the words “instead of enforcing the order by mandamus” shall be omitted.
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.
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.
Any such notice may—
in the case of a body corporate, be served on or given to the secretary or clerk of that body;
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.
For the purposes of this section and of section 7 of the Interpretation 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— 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.
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;
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;
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 section 7 of the Interpretation Act 1978 as his proper address.
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.
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.
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.
Nothing in this Part shall be construed—
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
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as affecting the operation of section 12 of the Nuclear Installations Act 1965 (right to compensation by virtue of certain provisions of that Act).
Breach of a duty imposed by a statutory instrument containing (whether alone or with other provision) health and safety regulations shall not be actionable except to the extent that regulations under this section so provide.
No provision made by virtue of section 15(6)(b) shall afford a defence in any civil proceedings ...
Breach of a duty imposed by an existing statutory provision shall not be actionable except to the extent that regulations under this section so provide (including by modifying any of the existing statutory provisions).
Subsections (1)(a) , (2) and (2A) above are without prejudice to any right of action which exists apart from the provisions of this Act, and subsection (2B)(a) above is without prejudice to any defence which may be available apart from the provisions of the regulations there mentioned.
Regulations under this section may include provision for—
a defence to be available in any action for breach of the duty mentioned in subsection (2) or (2A);
any term of an agreement which purports to exclude or restrict any liability for such a breach to be void.
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The power to make regulations under this section shall be exercisable by the Secretary of State.
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.
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.
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.
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.
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.
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 Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
Regulations made under this subsection may amend— 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.
any of the relevant statutory provisions; or
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
any provision of an instrument made or having effect under any such enactment as is mentioned in the preceding paragraph,
The amendments shall be such as to preserve the effect of the provisions mentioned except to such extent as in the opinion of the authority making the regulations is necessary to obtain amounts expressed in convenient and suitable terms.
Regulations made . . . 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 if the authority making the regulations is of the opinion that those words could be omitted without altering the effect of that provision.
The power to make regulations under this section shall be exercisable by the Secretary of State . . ..
in relation to any provision not relating exclusively to agricultural operations the Secretary of State ;
in relation to any provision relating exclusively to the relevant agricultural purposes that applies to Great Britain or the United Kingdom the Agriculture Ministers;
in relation to any provision so relating that applies to England and Wales only, the Minister of Agriculture, Fisheries and Food;
in relation to any provision so relating that applies to Scotland only, the Secretary of State.
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—
so as to give effect (with or without modifications) to proposals submitted by the Executive under section 11(3); or
subject to subsection (1AA), independently of such proposals.
Where the authority 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 — .
The Secretary of State shall not exercise the power referred to in subsection (1) independently of proposals from the Executive unless the Secretary of State has consulted—
Where the Executive proposes to submit under section 11(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—
any government department or other body that appears to the 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...;
the Office for Nuclear Regulation;
such government departments and other bodies, if any, as, in relation to any matter dealt with in the proposals, the Executive is required to consult under this subsection by virtue of directions given to it by the Secretary of State.
the Executive,
If the Executive has consulted the Office for Nuclear Regulation under subsection (3) in relation to a proposal under section 11(3) for regulations under any of the relevant statutory provisions, it must, when it submits the proposal (with or without modification) to the Secretary of State, also submit—
any representations made by the Office for Nuclear Regulation in response to the consultation, and
any response to those representations given by the Executive to the Office for Nuclear Regulation.
the Office for Nuclear Regulation, and
The preceding provisions of this section do not apply to the exercise of the power in section 43 to make ONR fees regulations, but the Secretary of State must consult the Office for Nuclear Regulation before—
making ONR fees regulations independently of any proposals submitted by the Office for Nuclear Regulation under section 81(1) of the Energy Act 2013, or
making ONR fees regulations which give effect to such proposals but with modifications.
such other bodies as appear to the Secretary of State to be appropriate.
Subsection (1) does not apply to the exercise of a power to make regulations so far as it is exercised—
for giving effect (with or without modifications) to proposals submitted by the Office of Rail and Road under paragraph 2(5) of Schedule 3 to the Railways Act 2005; or
otherwise for or in connection with the railway safety purposes.
the Executive, and
the Office for Nuclear Regulation.
In subsection (5) “ ONR fees regulations ” means regulations under section 43 so far as they make provision in relation to fees payable for or in connection with the performance of a function by or on behalf of—
the Office for Nuclear Regulation, or
any inspector appointed by the Office for Nuclear Regulation.
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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.
For the purposes of this Part— and, subject to the following subsection, the expressions “work” and “at work”, in whatever context, shall be construed accordingly.
“work” means work as an employee or as a self-employed person;
an employee is at work throughout the time when he is in the course of his employment, but not otherwise;
a self-employed person is at work throughout such time as he devotes to work as a self-employed person;
a person holding the office of constable is at work throughout the time when he is on duty, but not otherwise; and
Regulations made under this subsection may—
extend the meaning of “work” and “at work” for the purposes of this Part; and
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.
The power to make regulations under subsection (2) above shall be exercisable by the Secretary of State . . ..
in relation to activities not relating exclusively to agricultural operations, by the Secretary of State;
in relation to activities relating exclusively to the relevant agricultural purposes, by the appropriate agriculture authority.
Regulations under subsection (2) above in relation to activities falling within subsection (3)(b) above 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; and in subsection (3)(b) above " the appropriate agriculture authority " shall be construed accordingly.
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.
In this section “ the relevant officer ”—
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 of that force, or
in the case of a member of the force or a special constable who is, by virtue of a collaboration agreement under section 22A of the Police Act 1996, under the direction and control of a chief officer (within the meaning given by section 23I of that Act), that chief officer,
in relation to a member of a police force seconded to the National Crime Agency to serve as a National Crime Agency officer , means that Agency, and
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, or
in the case of a constable who is, by virtue of a collaboration agreement under section 22A of the Police Act 1996, under the direction and control of a chief officer (within the meaning given by section 23I of that Act), that chief officer. .
For the purposes of this Part the relevant officer, as defined by subsection (2)(a) or (c) above, shall , if not a corporation sole, be treated as a corporation sole.
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— 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.
that the officer-holder personally consented to the commission of the offence,
that he personally connived in its commission, or
that the commission of the offence was attributable to personal neglect on his part,
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—
held the office or other position mentioned in subsection (2) above as the office or position of that officer; or
was for the time being responsible for exercising and performing the powers and duties of that office or position.
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.
Those provisions are—
section 24 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) ;
section 88(1) of the Police Act 1996;
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paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001;
paragraph 2 of Schedule 4 to the Crime and Courts Act 2013;
paragraph 20 of Schedule 1 to the Police and Justice Act 2006;
In the application of this section to Scotland—
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);
subsection (2B) shall have effect as if for the words “corporation sole” there were substituted juristic person; and
subsection (2C) shall have effect as if for the words “subsection (2B)” there were substituted subsections (2A) and (2B).
For the purposes of regulations under section 2(4) above—
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,
the Police Federation for Scotland shall be treated as a recognised trade union recognised by the chief constable of the Police Service of Scotland, and
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.
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.
In this Part, unless the context otherwise requires— ... “article for use at work” means— any plant designed for use or operation (whether exclusively or not) by persons at work, and any article designed for use as a component in any such plant; “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; ... “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; “customs officer” means an officer within the meaning of the Customs and Excise Management Act 1979; “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 or 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 10(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; ... “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— goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired; and 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: the exercise of an option to purchase by that person; the doing of any other specified act by any party to the agreement; 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— in relation to England ..., a county council, ... 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, in relation to Wales, a county council or a county borough council, in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; “micro-organism” includes any microscopic biological entity which is capable of replication; “nuclear safeguards purposes” has the same meaning as in Part 3 of the Energy Act 2013 (nuclear regulation etc.) (see section 72 of that Act); “nuclear safety purposes” has the same meaning as in that Part of that Act (see section 68 of that Act); “nuclear security purposes” has the same meaning as in that Part of that Act (see section 70 of that Act); “offshore installation” means any installation which is intended for underwater exploitation of mineral resources or exploration with a view to such exploitation; “the ONR's purposes” has the same meaning as in Part 3 of the Energy Act 2013 (see section 67 of that Act); “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— any vehicle, vessel, aircraft or hovercraft, 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 any tent or moveable structure; “prescribed” means prescribed by regulations made by the Secretary of State; “prohibition notice” means a notice under section 22; “the radioactive material transport purposes” means the transport purposes within the meaning of Part 3 of the Energy Act 2013 (see section 73 of that Act); ... “railway safety purposes” has the same meaning as in Schedule 3 to the Railways Act 2005; “the relevant statutory provisions” means— the provisions of this Part and of any health and safety regulations ...; and 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 (including micro-organisms), whether in solid or liquid form or in the form of a gas or vapour; ... “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.
" enforcing authority " has the meaning assigned by section 18(7);
" substance " means any natural or artificial substance, whether in solid or liquid form or in the form of a gas or vapour;
" Factories Act certificate " means a certificate under section 40 of the Factories Act 1961 (means of escape in case of fire-certification by fire authority);
" Duchy interest " means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall.
" Offices Act certificate" means a fire certificate under section 29 of the Offices, Shops and Railway Premises Act 1963.
" agricultural licence " means a licence of the Agriculture Ministers or either of them under any of the relevant statutory provisions;
" 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.
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Provision may be made by order for directing that for the purposes of this Part any activity or operation specified in the order which would or would not otherwise be agriculture within the meaning of this Part shall be treated as not being or, as the case may be, being agriculture for those purposes.
An order under subsection (3) above may be either an order applying to Great Britain and made by the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, or an order applying to England and Wales only and made by the said Minister, or an order applying to Scotland only and made by the Secretary of State.
An order under subsection (3) above may be varied or revoked by a subsequent order thereunder made by the authority who made the original order.
The power to make orders under subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
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.
In this section “ the relevant officer ”—
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,
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
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.
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.
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— 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.
that the officer-holder personally consented to the commission of the offence,
that he personally connived in its commission, or
that the commission of the offence was attributable to personal neglect on his part,
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—
held the office or other position mentioned in subsection (2) above as the office or position of that officer; or
was for the time being responsible for exercising and performing the powers and duties of that office or position.
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.
Those provisions are—
section 39 of the Police (Scotland) Act 1967;
section 88(1) of the Police Act 1996;
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paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001;
paragraph 2 of Schedule 4 to the Crime and Courts Act 2013;
paragraph 20 of Schedule 1 to the Police and Justice Act 2006;
In the application of this section to Scotland—
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);
subsection (2B) shall have effect as if for the words “corporation sole” there were substituted juristic person; and
subsection (2C) shall have effect as if for the words “subsection (2B)” there were substituted subsections (2A) and (2B).
For the purposes of regulations under section 2(4) above—
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,
the Police Federation for Scotland shall be treated as a recognised trade union recognised by each chief officer of police in Scotland, and
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.
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.
This Part, in its application to the Isles of Scilly, shall apply as if those Isles were a local government area and the Council of those Isles were a local authority.
There shall continue to be an employment medical advisory service, which shall be maintained for the following purposes, that is to say—
securing that the Secretary of State, the Health and Safety Executive , . . . and others concerned with the health of employed persons or of persons seeking or training for employment can be kept informed of, and adequately advised on, matters of which they ought respectively to take cognisance concerning the safeguarding and improvement of the health of those persons;
giving to employed persons and persons seeking or training for employment information and advice on health in relation to employment and training for employment;
other purposes of the Secretary of State’s functions relating to employment.
The authority responsible for maintaining the said service shall be the Secretary of State; but if arrangements are made by the Secretary of State for that responsibility to be discharged on his behalf by the Health and Safety Executive or some other body, then, while those arrangements operate, the body so discharging that responsibility (and not the Secretary of State) shall be the authority responsible for maintaining that service.
The authority for the time being responsible for maintaining the said service may also for the purposes mentioned in subsection (1) above, and for the purpose of assisting employment medical advisers in the performance of their functions, investigate or assist in, arrange for or make payments in respect of the investigation of problems arising in connection with any such matters as are so mentioned or otherwise in connection with the functions of employment medical advisers, and for the purpose of investigating or assisting in the investigation of such problems may provide and maintain such laboratories and other services as appear to the authority to be requisite.
Any arrangements made by the Secretary of State in pursuance of subsection (2) above may be terminated by him at any time, but without prejudice to the making of other arrangements at any time in pursuance of that subsection (including arrangements which are to operate from the time when any previous arrangements so made cease to operate).
Without prejudice to section 12, it shall be the duty of the Health and Safety Executive, if so directed by the Secretary of State, to enter into arrangements with him for the Executive to be responsible for maintaining the said service.
In subsection (1) above—
the reference to persons training for employment shall include persons attending industrial rehabilitation courses provided by virtue of the Employment and Training Act 1973; and
the reference to persons (other than the Secretary of State and the the Health and Safety Executive) concerned with the health of employed persons or of persons seeking or training for employment shall be taken to include organisations representing employers, employees and occupational health practitioners respectively.
The authority for the time being responsible for maintaining the employment medical advisory service shall for the purpose of discharging that responsibility appoint persons to be employment medical advisers, and may for that purpose appoint such other officers and servants as it may determine, subject however to the requisite approval as to numbers, that is to say—
where that authority is the Secretary of State, the approval of the Minister for the Civil Service;
otherwise, the approval of the Secretary of State given with the consent of that Minister.
A person shall not be qualified to be appointed, or to be, an employment medical adviser unless he is a fully registered medical practitioner who holds a licence to practise.
The authority for the time being responsible for maintaining the said service may determine the cases and circumstances in which the employment medical advisers or any of them are to perform the duties or exercise the powers conferred on employment medical advisers by or under this Act or otherwise.
Where as a result of arrangements made in pursuance of section 55(2) the authority responsible for maintaining the said service changes, the change shall not invalidate any appointment previously made under subsection (1) above, and any such appointment subsisting when the change occurs shall thereafter have effect as if made by the new authority.
The Secretary of State may by regulations 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 the authority responsible for maintaining the employment medical advisory service of any function conferred for the purposes of that service on that authority by virtue of this Part or otherwise.
For the purposes of this section, the performance by an employment medical adviser of his functions shall be treated as the performance by the authority responsible for maintaining the said service of functions conferred on that authority as mentioned in the preceding subsection.
The provisions of subsections (4), (5) and (8) of section 43 shall apply in relation to regulations under this section with the modification that references to subsection (2) of that section shall be read as references to subsection (1) of this section.
Where an authority other than the Secretary of State is responsible for maintaining the said service, the Secretary of State shall consult that authority before making any regulations under this section.
The authority for the time being responsible for maintaining the employment medical advisory service may pay— as the authority may, with the requisite approval, determine.
to employment medical advisers such salaries or such fees and travelling or other allowances; and
to other persons called upon to give advice in connection with the execution of the authority’s functions under this Part such travelling or other allowances or compensation for loss of remunerative time; and
to persons attending for medical examinations conducted by, or in accordance with arrangements made by, employment medical advisers (including pathological, physiological and radiological tests and similar investigations so conducted) such travelling or subsistence allowances or such compensation for loss of earnings,
For the purposes of the preceding subsection the requisite approval is—
where the said authority is the Secretary of State, the approval of the Minister for the Civil Service;
otherwise, the approval of the Secretary of State given with the consent of that Minister.
Where an authority other than the Secretary of State is responsible for maintaining the said service, it shall be the duty of the Secretary of State to pay to that authority such sums as are approved by the Treasury and as he considers appropriate for the purpose of enabling the authority to discharge that responsibility.
It shall be the duty of the authority for the time being responsible for maintaining the employment medical advisory service—
to keep, in relation to the maintenance of that service, proper accounts and proper records in relation to the accounts;
to prepare in respect of each accounting year a statement of accounts relating to the maintenance of that service in such form as the Secretary of State may direct with the approval of the Treasury; and
to send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of November next following the accounting year to which the statement relates.
The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of subsection (1) above and shall lay copies of each statement and of his report before each House of Parliament.
It shall also be the duty of the authority responsible for maintaining the employment medical advisory service to make to the Secretary of State, as soon as possible after the end of each accounting year, a report on the discharge of its responsibilites in relation to that service during that year; and the Secretary of State shall lay before each House of Parliament a copy of each report made to him in pursuance of this subsection.
Where as a result of arrangements made in pursuance of section 55(2) the authority responsible for maintaining the employment medical advisory service changes, the change shall not affect any duty imposed by this section on the body which was responsible for maintaining that service before the change.
No duty imposed on the authority for the time being responsible for maintaining the employment medical advisory service by subsection (1) or (3) above shall fall on the Executive(which is subject to corresponding duties under Schedule 2) or on the Secretary of State.
In this section “accounting year” means, except so far as the Secretary of State otherwise directs, the period of twelve months ending with 31st March in any year.
It shall be the duty of the Secretary of State to secure that NHS England or each integrated care board (in relation to England) and each Local Health Board (in relation to Wales) arranges for a fully registered medical practitioner who holds a licence to practise to furnish, on the application of an employment medical adviser, such particulars of the school medical record of a person who has not attained the age of eighteen and such other information relating to his medical history as the adviser may reasonably require for the efficient performance of his functions; but no particulars or information about any person which may be furnished to an adviser in pursuance of this subsection shall (without the consent of that person) be disclosed by the adviser otherwise than for the efficient performance of his functions.
In its application to Scotland the preceding subsection shall have effect with the substitution of the words “every Health Board arrange ...” for the words from “the National” to “arranges”.
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References to the chief employment medical adviser or a deputy chief employment medical adviser in any provision of an enactment or instrument made under an enactment shall be read as references to a person appointed for the purposes of that provision by the authority responsible for maintaining the employment medical advisory service.
The following provisions of the Employment Medical Advisory Service Act 1972 (which are superseded by the preceding provisions of this Part or rendered unnecessary by provisions contained in Part I), namely sections 1 and 6 and Schedule 1, shall cease to have effect; but—
in so far as anything done under or by virtue of the said section 1 or Schedule 1 could have been done under or by virtue of a corresponding provision of Part I or this Part, it shall not be invalidated by the repeal of that section and Schedule by this Act but shall have effect as if done under or by virtue of that corresponding provision; and
any order made under the said section 6 which is in force immediately before the repeal of that section by this Act shall remain in force notwithstanding that repeal, but may be revoked or varied by regulations under section 43(2) or 57, as if it were an instrument containing regulations made under section 43(2) or 57, as the case may require.
Where any Act (whether passed before, or in the same Session as, this Act) or any document refers, either expressly or by implication, to or to any enactment contained in any of the provisions of the said Act of 1972 which are mentioned in the preceding subsection, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.
Nothing in subsection (5) or (6) above shall be taken as prejudicing the operation of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to the effect of repeals).
For sections 61 and 62 of the 1936 Act (power to make building regulations, and their application to existing buildings) there shall be substituted the following sections—.
Without prejudice to the generality of subsection (1) of section 61 of the 1936 Act as substituted by this section, building regulations may for any of the purposes mentioned in subsection (2) of that section make provision with respect to any of the matters mentioned in Schedule 5, may require things to be provided or done in or in connection with buildings (as well as regulating the provision or doing of things in or in connection with buildings), and may prescribe the manner in which work is to be carried out.
The enactments relating to building regulations shall have effect subject to the further amendments provided for in Part I of Schedule 6.
Section 65 of the 1936 Act and sections 4, 6 and 7 of the 1961 Act, as they will have effect after the coming into force of the preceding subsection, are set out in Part II of the said Schedule 6.
Section 71 of the 1936 Act (exemption of certain buildings from building regulations) shall cease to have effect.
Any regulations under section 4 of the 1961 Act which are in force immediately before the repeal of subsection (1) of that section by this Act shall not be invalidated by that repeal, but shall have effect as if made under section 61(1) of the 1936 Act as substituted by this section.
Building regulations may make provision for requiring local authorities in such circumstances as may be prescribed to consult any prescribed person before taking any prescribed step in connection with any work or other matter to which building regulations are applicable.
Building regulations—
may authorise local authorities to accept, as evidence that the requirements of building regulations as to matters of any prescribed description are or would be satisfied, certificates to that effect by persons of any class or description prescribed in relation to those matters or by a person nominated in writing by the Secretary of State in any particular case ;
may provide for the issue by local authorities of certificates to the effect that, so far as the authority concerned have been able to ascertain after taking all reasonable steps in that behalf, the requirements of building regulations as to matters of any prescribed description are satisfied in any particular case, and for such certificates to be evidence (but not conclusive evidence) of compliance with the regulations ;
may make provision—
for prohibiting, in prescribed circumstances, the carrying out of proposed work of any prescribed class involving matters of any prescribed description unless there has been deposited with the prescribed authority as regards those matters a certificate such as is mentioned in paragraph (a) above ;
for enabling, in cases where such a certificate is required by virtue of the preceding sub-paragraph, any dispute as to whether a certificate ought to be issued to be referred to the Secretary of State; and
for enabling the Secretary of State, on any such reference, to give such directions as he thinks fit.
Building regulations may authorise local authorities to charge prescribed fees for or in connection with the performance of prescribed functions of theirs relating to building regulations.
Building regulations may make a prescribed person or class of persons responsible (instead of local authorities) for performing prescribed functions of local authorities under or in connection with building regulations, and for that purpose may provide for any prescribed enactment relating to building regulations and any prescribed provision of such regulations to apply (with any prescribed modifications) in relation to a prescribed person or a person of a prescribed class as that enactment or provision applies in relation to a local authority.
Building regulations may repeal or modify any enactment to which this subsection applies if it appears to the Secretary of State that the enactment is inconsistent with, or is unnecessary or requires alteration in consequence of, any provision contained in or made under any enactment relating to building regulations. This subsection applies to any enactment contained in this Act or in any other Act passed before or in the same Session as this Act, other than sections 61 to 71 of the 1936 Act, sections 4 to 11 of, and Schedule 1 to, the 1961 Act, and this Part.
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they shall impose conditions as to the depositing of further plans in connection with the proposed work; and
they may impose conditions for securing that, pending the deposit of such of the further plans as they may indicate, the proposed work will not be proceeded with except to such extent as they may in accordance with the regulations authorise.
A person who contravenes any condition imposed by a local authority under subsection (1) above other than a condition as to the depositing of further plans, or permits any such condition to be contravened, shall be liable to a fine not exceeding £400 and to a further fine not exceeding £50 for each day on which the offence continues after he is convicted.
A local authority with whom plans of any proposed work are deposited in accordance with building regulations may, notwithstanding that the plans are defective or show that the work would contravene any of the building regulations, pass the plans provisionally, that is to say, subject to any modifications which they think necessary for remedying the defect or avoiding the contravention, indicating the modifications in the notice of approval and—
if, within a prescribed time and in a prescribed manner so indicated, the person by or on behalf of whom the plans were deposited notifies the authority that he agrees to the modifications, the plans shall be treated as having been passed subject to those modifications; and
if not, the plans shall be treated as having been rejected.
In cases where by virtue of subsection (1) or (3) above plans are passed by stages or provisionally, the provisions of section 64(1) to (3) of the 1936 Act shall have effect subject to such modifications as may be prescribed.
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Where in accordance with any existing enactment (however framed or worded) plans of a proposed building of any prescribed class are submitted to a Minister of the Crown for his approval—
plans of the proposed building shall not be required to be deposited with the local authority for the purposes of section 64 of the 1936 Act in pursuance of building regulations;
the Minister shall not approve the plans unless he is satisfied that, so far as applicable, the substantive requirements of building regulations will be complied with by and in connection with the proposed building;
the approval of the plans by the Minister shall operate, for such purposes as may be prescribed, in the same way as the passing of them by the local authority would have operated;
the Minister may exercise in connection with the proposed building the like powers of dispensing with or relaxing requirements of building regulations as are conferred on the Secretary of State and local authorities by virtue of section 6 of the 1961 Act (other than a power excepted by subsection (7) below), subject however to the like requirements as to consultation (if any) as apply by virtue of section 62(1) in the case of a local authority (but not to the requirements in the said section 6 as to consultation with the local authority) and to the like requirements as in the case of the Secretary of State apply by virtue of section 8 of the 1961 Act (opportunity to make representations about proposal to relax building regulations).
In the preceding subsection " existing enactment" means an enactment passed before the coming into force of that subsection, other than an enactment relating to town and country planning; and the power excepted from paragraph (d) of that subsection is one which by virtue of section 62(4) is exercisable otherwise than by a local authority.
This section applies—
to any work consisting of a part of a building, being a part in the construction of which there is used any material or component of a type which, in relation to a part of that description, is prescribed for the purposes of this paragraph under subsection (2) below; and
to any work provided in or in connection with a building, being work consisting of a service, fitting or item of equipment of a type so prescribed for the purposes of this paragraph.
The Secretary of State may by building regulations—
prescribe a type of material or component for the purposes of subsection (1)(a) above if in his opinion materials or components of that type are likely to be unsuitable for use in the construction of a particular part of a permanent building in the absence of conditions with respect to the use of the building or with respect to any material or component of that type used in the construction of a part of that description;
prescribe a type of service, fitting or equipment for the purposes of subsection (1)(b) above if in his opinion services, fittings or equipment of that type are likely to be unsuitable for provision in or in connection with a permanent building in the absence of conditions with respect to the use of the building or with respect to any service, fitting or equipment of that type so provided.
Where plans of any proposed work are, in accordance with building regulations, deposited with a local authority and the plans show that the proposed work would include or consist of work to which this section applies, the authority may, notwithstanding that the plans conform with the regulations—
reject the plans ; or
in passing the plans fix a period on the expiration of which the work to which this section applies or the relevant building (as the authority may in passing the plans direct) must be removed and, if they think fit, impose with respect to the use of the relevant building or with respect to the work to which this section applies such reasonable conditions, if any, as they consider appropriate, so however that no condition as to the use of the relevant building shall be imposed which conflicts with any condition imposed or having effect as if imposed under Part III or IV of the Town and Country Planning Act 1971.
If, in the case of any work in respect of which plans ought by virtue of building regulations to have been deposited with a local authority but have not been so deposited, the work appears to the authority to include or consist of work to which this section applies, the authority, without prejudice to their right to take proceedings in respect of any contravention of the regulations, may fix a period on the expiration of which the work to which this section applies or the relevant building (as the authority may in fixing the period direct) must be removed and, if they think fit, impose any conditions that might have been imposed under the preceding subsection in passing plans for the first-mentioned work and, where they fix such a period, shall forthwith give notice thereof, and of any conditions imposed, to the owner of the relevant building.
If, in the case of any work appearing to the local authority to fall within subsection (1)(b) above, plans of the work were not required by building regulations to be deposited with the authority, and were not so deposited, the authority may at any time within twelve months from the date of completion of the work fix a period on the expiration of which the work must be removed and, if they think fit, impose any conditions which, if plans of the work had been required to be, and had been, so deposited, might have been imposed under subsection (3) above in passing the plans and, where they fix such a period, shall forthwith give notice thereof, and of any conditions imposed, to the owner of the relevant building.
A local authority may from time to time extend any period fixed, or vary any conditions imposed, under this section, but so that, unless an application in that behalf is made to them by the owner of the relevant building, they shall not exercise their power of varying conditions so imposed except when granting an extension or further extension of the period fixed with respect to the work or building, as the case may be.
Any person aggrieved by the action of a local authority under this section in rejecting plans, or in fixing or refusing to extend any period, or in imposing or refusing to vary any conditions, may appeal to the Secretary of State within the prescribed time and in the prescribed manner.
Where a period has been fixed under this section with respect to any work to which this section applies or with respect to the relevant building, the owner of that building shall on the expiration of that period or, as the case may be, of that period as extended, remove the work or building with respect to which the period was fixed ; and if he fails to do so, the local authority may remove that work or building, as the case may be, and may recover from him the expenses reasonably incurred by them in doing so.
A person who— shall be liable to a fine not exceeding £400 and to a further fine not exceeding £50 for each day on which the offence continues or, as the case may be, on which the work or building is allowed to remain, after he is convicted; but this subsection shall not be construed as prejudicing a local authority's rights under subsection (8) above.
contravenes any condition imposed under this section or permits any such condition to be contravened; or
contravenes subsection (8) above;
In this section " the relevant building " means, in any particular case, the building mentioned in paragraph (a) or, as the case may be, paragraph (b) of subsection (1) above
Section 53 of the 1936 Act (which is superseded by the preceding provisions of this section) shall cease to have effect, but—
any building regulations made, period fixed, condition imposed or other thing done by virtue of that section shall be deemed to have been made, fixed, imposed or done by virtue of this section ; and
anything begun under that section may be continued under this Act as if begun under this section, so however that any appeal under subsection (4) of that section which is pending at the time when that section ceases to have effect, and any proceedings arising out of such appeal, shall proceed as if that section were still in force.
Building regulations may impose on owners and occupiers of buildings to which building regulations are applicable such continuing requirements as the Secretary of State considers appropriate for securing, with respect to any provision of building regulations designated in the regulations as a provision to which those requirements relate, that the purposes of that provision are not frustrated; but a continuing requirement imposed by virtue of this subsection shall not apply in relation to a building unless a provision of building regulations so designated as one to which the requirement relates applies to that building.
Building regulations may impose on owners and occupiers of buildings of any prescribed class (whenever erected, and whether or not any building regulations were applicable to them at the time of their erection) continuing requirements with respect to all or any of the following matters, namely— and so much of section 62 of the 1936 Act as restricts the application of building regulations shall not apply to regulations made by virtue of this subsection.
the conditions subject to which any services, fittings or equipment provided in or in connection with any building of that class may be used;
the inspection and maintenance of any services, fittings or equipment so provided ; and
the making of reports to any prescribed authority on the condition of any services, fittings or equipment so provided;
If a person contravenes a continuing requirement imposed by virtue of this section, the local authority, without prejudice to their right to take proceedings for a fine in respect of the contravention, may execute any work or take any other action required to remedy the contravention, and may recover from that person the expenses reasonably incurred by them in so doing.
Where a local authority have power under the preceding subsection to execute any work or take any other action they may, instead of exercising that power, by notice require the owner or the occupier of the building to which the contravention referred to in that subsection relates to execute that work or take that action. The provisions of Part XII of the 1936 Act with respect to appeals against, and the enforcement of, notices requiring the execution of works shall apply in relation to any notice given under this section, subject however to the modification that in those provisions references to the execution of works shall be construed as references to the execution of work or the taking of other action, and references to work shall be construed accordingly.
The provisions of sections 6, 7 and 8 of the 1961 Act (power to dispense with or relax requirements in building regulations, and related provisions) shall have effect in relation to continuing requirements imposed by virtue of this section subject to the following modifications, that is to say—
a direction under the said section 6 shall, if it so provides, cease to have effect at the end of such period as may be specified in the direction ; and
in subsection (1) of the said section 7 (as amended by this Act), the reference to granting an application subject to conditions shall be read as including a reference to granting an application for a limited period.
If the Secretary of State considers that the operation of any requirement of building regulations would be unreasonable in relation to any particular type of building matter, he may, either on an application made to him or of his own accord, give a direction dispensing with or relaxing that requirement generally in relation to that type of building matter, either unconditionally or subject to compliance with any conditions specified in the direction, being conditions with respect to matters directly connected with the dispensation or relaxation.
A direction under subsection (1) above—
shall, if it so provides, cease to have effect at the end of such period as may be specified in the direction;
may be varied or revoked by a subsequent direction of the Secretary of State.
Building regulations may require a person making an application under subsection (1) above to pay the Secretary of State the prescribed fee; and, without prejudice to section 4(2) of the 1961 Act, regulations made by virtue of this subsection may prescribe different fees for different cases: Provided that the Secretary of State may in any particular case remit the whole or part of any fee payable by virtue of this subsection.
Before giving a direction under this section the Secretary of State shall consult such bodies as appear to him to be representative of the interests concerned (including in particular, in the case of a direction that relates to a requirement relevant to any of their functions, the National Water Council).
Where the Secretary of State gives a direction under this section, he shall publish notice of that fact in such manner as he thinks fit.
A person who contravenes any condition specified in a direction given under this section or permits any such condition to be contravened shall be liable to a fine not exceeding £400 and to a further fine not exceeding £50 for each day on which the offence continues after he is convicted.
If at any time a direction under subsection (1) above dispensing with or relaxing a requirement of building regulations ceases to have effect by virtue of subsection (2)(c) above or is varied or revoked under subsection (2)(b) above, mat fact shall not affect the continued operation of the direction (with any conditions specified therein) in any case in which before that time—
plans of the proposed work were, in accordance with building regulations, deposited with a local authority; or
a building notice was served on the district surveyor in pursuance of section 83 of the London Building Acts (Amendment) Act 1939.
In this section and section 67 below " building matter " means any building or other matter whatsoever to which building regulations are in any circumstances applicable.
The following provisions of this section shall have effect with a view to enabling the Secretary of State, either on an application made to him or of his own accord, to approve any particular type of building matter as complying, either generally or in any class of case, with particular requirements of building regulations.
An application for the approval under this section of a type of building matter shall comply with any requirements of building regulations as to the form of such applications and the particulars to be included therein.
Where under subsection (1) above the Secretary of State approves a type of building matter as complying with particular requirements of building regulations either generally or in any class of case, he may issue a certificate to that effect specifying—
the type of building matter to which the certificate relates ;
the requirements of building regulations to which the certificate relates; and
where applicable, the class or classes of case to which the certificate applies.
A certificate under this section shall, if it so provides, cease to have effect at the end of such period as may be specified in the certificate.
If, while a certificate under this section is in force, it is found, in any particular case involving a building matter of the type to which the certificate relates, that the building matter in question is of that type and the case is one to which the certificate applies, that building matter shall in that particular case be deemed to comply with the requirements of building regulations to which the certificate relates.
The Secretary of State may vary a certificate under this section either on an application made to him or of his own accord; but in the case of a certificate issued on an application made by a person under subsection (1) above, the Secretary of State, except where he varies it on the application of that person, shall before varying it give that person reasonable notice that he proposes to do so.
Building regulations may require a person making an application under subsection (1) or (6) above to pay the Secretary of State the prescribed fee ; and, without prejudice to section 4(2) of the 1961 Act, regulations made by virtue of this subsection may prescribe different fees for different cases: Provided that the Secretary of State may in any particular case remit the whole or part of any fee payable by virtue of this subsection.
The Secretary of State may revoke a certificate issued under this section, but before doing so in the case of a certificate issued on an application under subsection (1) above shall give the person on whose application the certificate was issued reasonable notice that he proposes to do so.
Where the Secretary of State issues a certificate under this section or varies or revokes a certificate so issued, he shall publish notice of that fact in such manner as he thinks fit.
If at any time a certificate under this section ceases to have effect by virtue of subsection (4) above or is varied or revoked under the preceding provisions of this section, that fact shall not affect the continued operation of subsection (5) above by virtue of that certificate in any case in which before that time—
plans of the proposed work were, in accordance with building regulations, deposited with a local authority; or
a building notice was served on the district surveyor in pursuance of section 83 of the London Building Acts (Amendment) Act 1939.
For the purposes of subsection (3) above or any variation of a certificate under subsection (6) above, a class of case may be framed in any way that the Secretary of State thinks fit.
The Secretary of State may by building regulations delegate to any person or body, to such extent and subject to such conditions as the Secretary of State may think fit, the powers of approval conferred on him by this section; and so far as those powers are for the time being so delegated to any person or body, the preceding provisions of this section, except so much of subsection (7) as precedes the proviso, and any building regulation made by virtue of that subsection shall (subject to any prescribed conditions) have effect in relation to that person or body with the substitution of references to that person or body for references to the Secretary of State.
The following subsection shall have effect for the purpose of enabling a local authority to ascertain, as regards any work or proposed work to which building regulations for the enforcement of which they are responsible are applicable, whether any provision of building regulations is or would be contravened by, or by anything done or proposed to be done in connection with, that work.
The local authority shall have power for that purpose—
to require any person by whom or on whose behalf the work was, is being or is proposed to be done to carry out such reasonable tests of or in connection with the work as may be specified in the requirement; or
themselves to carry out any reasonable tests of or in connection with the work, and to take any samples necessary to enable them to carry out any such test.
Without prejudice to the generality of the preceding subsection, the matters with respect to which tests may be required or carried out under that subsection include—
tests of the soil or subsoil of the site of any building ;
tests of any material, component or combination of components which has been, is being or is proposed to be used in the construction of a building, and tests of any service, fitting or equipment which has been, is being or is proposed to be provided in or in connection with a building.
A local authority shall have power, for the purpose of ascertaining whether there is or has been, in the case of any building, any contravention of any continuing requirement that applies in relation to that building—
to require the owner or occupier of the building to carry out such reasonable tests as may be specified in the requirement under this paragraph ; or
themselves to carry out any tests which they have power to require under the preceding paragraph, and to take any samples necessary to enable them to carry out any such test. In this subsection " continuing requirement" means a continuing requirement imposed by building regulations made by virtue of section 65(1) or (2).
The expense of carrying out any tests which a person is required to carry out under this section shall be met by that person: Provided that the local authority, on an application made to them, may, if they think it reasonable to do so, direct that the expense of carrying out any such tests, or such part of that expense as may be specified in the direction, shall be met by the local authority.
Any question arising under this section between a local authority and any person as to the reasonableness— may on the application of that person be determined by a court of summary jurisdiction ; and in a case falling within paragraph (b) or (c) above the court may order the expense to which the application relates to be met by the local authority to such extent as the court thinks just.
of any test specified in a requirement imposed on him by the authority under this section ; or
of a refusal by the authority to give a direction under subsection (5) above on an application made by him; or
of a direction under that subsection given on such an application,
On an appeal to the Secretary of State under section 64 of the 1936 Act, section 7 of the 1961 Act or section 64 of this Act, the Secretary of State may at his discretion afford to the appellant and the local authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
On determining any such appeal as is mentioned in subsection (1) above, the Secretary of State shall give such directions, if any, as he considers appropriate for giving effect to his determination.
“Offices Act certificate” means a fire certificate under section 29 of the Offices, Shops and Railway Premises Act 1963.
on any such appeal as is mentioned in subsection (1) above; or
on a reference under section 67 of the 1936 Act; or
on any application for a direction under section 6 of the 1961 Act where the power of giving the direction is not exercisable by the local authority,
At any stage of the proceedings on any such appeal, reference or application as is mentioned in the preceding subsection, the Secretary of State may state any question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court; and a decision of the High Court on a case stated by virtue of this subsection shall be deemed to be a judgment of the court within the meaning of section 27 of the Supreme Court of Judicature (Consolidation) Act 1925 (jurisdiction of the Court of Appeal to hear and determine appeals from any judgment of the High Court).
In relation to any proceedings in the High Court or the Court of Appeal brought by virtue of this section the power to make rules of court shall include power to make rules—
prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the Secretary of State ; and
providing for the Secretary of State, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.
Rules of court relating to any such proceedings as are mentioned in subsection (5) of this section may provide for excluding so much of section 63(1) of the said Act of 1925 as requires appeals to the High Court to be heard and determined by a Divisional Court; but no appeal to the Court of Appeal shall be brought by virtue of this section except with the leave of the High Court or the Court of Appeal.
In this section " decision" includes a direction, and references to the giving of a decision shall be construed accordingly.
Without prejudice to section 4(5) of the 1961 Act, building regulations may in connection with any such appeal as is mentioned in subsection (1) above include such supplementary provisions with respect to procedure as the Secretary of State thinks fit.
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Where by virtue of this section or section 62(4) local authorities or any prescribed person or class of persons (other than local authorities) are made responsible for enforcing, or performing prescribed functions under or in connection with, building regulations in force in Inner London, then, without prejudice to the said section 62(4), building regulations may in that connection provide for any prescribed provision falling within section 76(1)(a) or (b) but not mentioned in subsection (1) above to apply (with any prescribed modifications, and notwithstanding paragraph 12 or 34 of Part I of Schedule 11 to the London Government Act 1963) in relation to any such authority or person, or persons of any such class, as that provision applies in relation to a local authority outside Inner London.
Without prejudice to the generality of section 62(5) building regulations may repeal or modify any provision to which this subsection applies if it appears to the Secretary of State that the repeal or, as the case may be, the modification of that provision is expedient in consequence of the provisions of this section or in connection with any provision contained in building regulations that apply to or to any part of Inner London.
The preceding subsection applies to any provision—
of the London Building Acts 1930 to 1939 ;
of any enactment contained in this Act, other than this Part, or in any other Act passed before or in the same Session as this Act, in so far as that provision—
applies to or to any part of Inner London ; and
relates to, or to the making of, byelaws for or for any part of Inner London with respect to any matter for or in connection with which provision can be made by building regulations ;
of any byelaws made or having effect under the said Acts or of any such byelaws as are mentioned in paragraph (b)(ii) above.
Before making any building regulations that provide for the repeal or modification of any provision to which the preceding subsection applies, the Secretary of State shall (without prejudice to the requirements as to consultation in section 9(3) of the 1961 Act) consult the Greater London Council and any other local authority who appear to him to be concerned.
In this section " Inner London" means the area comprising the Inner London boroughs, the City, and the Inner Temple and the Middle Temple.
In Part I of Schedule 11 to the London Government Act 1963 (modifications of Public Health Acts)—
in paragraph 12, for the words " 53 to 55, and 57 to 71 " there shall be substituted the words " 54, 55, 57 to 60, 64 to 66, 69, 70 and (so far as unrepealed) 71 ";
in paragraph 34, for the words " 4 to 11" there shall be substituted the words " 4(3) and (4), 6 to 8 and 10 and (except in so far as it amends any enactment mentioned in section 70(1) of the Health and Safety at Work etc. Act 1974) section 11 ".
Subject to the provisions of this section, breach of a duty imposed by building regulations shall, so far as it causes damage, be actionable except in so far as the regulations provide otherwise ; and as regards any such duty building regulations may provide for any prescribed defence to be available in any action for breach of that duty brought by virtue of this subsection.
Subsection (1) above and any defence provided for in regulations made by virtue thereof shall not apply in the case of a breach of such a duty in connection with a building erected before the date on which that subsection comes into force unless the regulations imposing the duty apply to or in connection with the building by virtue of section 62 of the 1936 Act or section 65(2) of this Act.
Nothing in this section shall be construed as affecting the extent (if any) to which breach— is actionable, or as prejudicing any right of action which exists apart from the enactments relating to building regulations.
of a duty imposed by or arising in connection with this Part or any other enactment relating to building regulations; or
of a duty imposed by building regulations in a case to which subsection (1) above does not apply,
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).
Except in so far as building regulations provide otherwise, the substantive provisions of building regulations—
shall apply in relation to work carried out or proposed to be carried out by or on behalf of a Crown authority (whether or not in relation to a Crown building) as they would apply if the person by or on behalf of whom the work was or is to be carried out were not a Crown authority; and
so far as they consist of continuing requirements, shall apply to Crown authorities (whether or not in relation to Crown buildings) as they apply to persons who are not Crown authorities.
In so far as building regulations so provide as regards any of the substantive requirements of building regulations, those requirements shall apply in relation to work carried out or proposed to be carried out as mentioned in subsection (1)(a) above in Inner London and, so far as they consist of continuing requirements, shall apply to Crown authorities there as mentioned in subsection (1)(b) above, even if those requirements do not apply there in the case of work carried out or proposed to be carried out otherwise than by or on behalf of a Crown authority or, in the case of continuing requirements, do not apply there to persons other than Crown authorities. In this subsection " Inner London " has the same meaning as in section 70.
Except in so far as building regulations provide otherwise, building regulations and the enactments relating to building regulations—
shall apply in relation to work carried out or proposed to be carried out in relation to a Crown building otherwise than by or on behalf of a Crown authority, and, in the case of section 65 and building regulations made by virtue thereof, shall in relation to a Crown building apply to persons other than Crown authorities, as they would apply if the building were not a Crown building; and
shall apply in relation to work carried out or proposed to be carried out by or on behalf of a government department acting for a person other than a Crown authority as they would apply if the work had been or were to be carried out by that person.
Section 341 of the 1936 Act (power to apply provisions of that Act to Crown property) shall not apply to provisions relating to building regulations.
Section 71 and any building regulations made by virtue of subsection (1) of that section shall apply in relation to duties imposed by building regulations in their application in accordance with the preceding provisions of this section.
In the case of work carried out or proposed to be carried out by or on behalf of a Crown authority, and in any case in which a Crown authority is or (apart from any dispensation or relaxation) will be subject to any continuing requirements, that authority may exercise the like powers of dispensing with or relaxing the substantive requirements of building regulations or, as the case may be, the continuing requirements in question as are conferred on the Secretary of State and local authorities by virtue of section 6 of the 1961 Act (other than a power excepted by the following subsection), subject, however, to the like requirements as to consultation (if any) as apply by virtue of section 62(1) in the case of a local authority (but not the requirements of the said section 6 as to consultation with the local authority) and to the like requirements as in the case of the Secretary of State apply by virtue of section 8 of that Act (opportunity to make representations about proposal to relax building regulations); and no application shall be necessary for the exercise of any such powers by virtue of this subsection. In relation to any continuing requirements references in this subsection to the said section 6 are references thereto as modified by section 65(5).
The power excepted from the preceding subsection is one which by virtue of section 62(4) is exercisable otherwise than by a local authority.
For the purposes of subsection (6) above work carried out or proposed to be carried out by or on behalf of a government department acting for another Crown authority shall be treated as carried out or proposed to be carried out by or on behalf of that department (and not by or on behalf of the other Crown authority).
In this section—
" continuing requirement " means a continuing requirement of building regulations imposed by virtue of section 65(1) or (2)(a) or (b).
" Crown authority " means the Crown Estate Commissioners, a Minister of the Crown, a government department, any other person or body whose functions are performed on behalf of the Crown (not being a person or body whose functions are performed on behalf of Her Majesty in her private capacity), or any person acting in right of the Duchy of Lancaster or the Duchy of Cornwall;
Sections 1 and 53. Chapter Short title Provisions which are relevant statutory provisions 1875 c. 17. The Explosives Act 1875. The whole Act except sections 30 to 32, 80 and 116 to 121. 1882 c. 22. The Boiler Explosions Act 1882. The whole Act. 1890 c. 35. The Boiler Explosions Act 1890. The whole Act. 1906 c. 14. The Alkali, &c. Works Regulation Act 1906. The whole Act. 1909 c. 43. The Revenue Act 1909. Section 11. . . . . . . . . . 1920 c. 65. The Employment of Women, Young Persons and Children Act 1920. The whole Act. 1922 c. 35. The Celluloid and Cinematograph Film Act 1922. The whole Act. . . . . . . . . . 1926 c. 43. The Public Health (Smoke Abatement) Act 1926. The whole Act. 1928 c. 32. The Petroleum (Consolidation) Act 1928. The whole Act. 1936 c. 22. The Hours of Employment (Conventions) Act 1936. The whole Act except section 5. 1936 c. 27. The Petroleum (Transfer of Licences) Act 1936. The whole Act. 1937 c. 45. The Hydrogen Cyanide (Fumigation) Act 1937. The whole Act. 1945 c. 19. The Ministry of Fuel and Power Act 1945. Section 1(1) so far as it relates to maintaining and improving the safety, health and welfare of persons employed in or about mines and quarries in Great Britain. 1946 c. 59. The Coal Industry Nationalisation Act 1946. Section 42(1) and (2). 1948 c. 37. The Radioactive Substances Act 1948. Section 5(1)(a). 1951 c. 21. The Alkali, &c. Works Regulation (Scotland) Act 1951. The whole Act. . . . . . . . . . 1952 c. 60. The Agriculture (Poisonous Substances) Act 1952. The whole Act. . . . . . . . . . . . . . . . . . . 1954 c. 70. The Mines and Quarries Act 1954. The whole Act except section 151. 1956 c. 49. The Agriculture (Safety, Health and Welfare Provisions) Act 1956. The whole Act. 1961 c. 34. The Factories Act 1961. The whole Act except section 135. 1961 c. 64. The Public Health Act 1961. Section 73. 1962 c. 58. The Pipe-lines Act 1962. Sections 20 to 26, 33, 34 and 42, Schedule 5. 1963 c. 41. The Offices, Shops and Railway Premises Act 1963. The whole Act. . . . . . . ... . . . . . . . . . 1971 c. 20. The Mines Management Act 1971. The whole Act. 1972 c. 28. The Employment Medical Advisory Service Act 1972. The whole Act except sections 1 and 6 and Schedule 1.
The Executive shall consist of—
the Chair of the Executive, and
at least seven and no more than twelve other members (referred to in this Schedule as “ members ”).
The Secretary of State shall appoint the Chair of the Executive. Subject to sub-paragraph (3A), The Secretary of State shall appoint the other members of the Executive according to sub-paragraph (3). The Secretary of State— The Office for Nuclear Regulation may appoint a member from among the non-executive members of the Office for Nuclear Regulation (“an ONR member”). The Office for Nuclear Regulation must notify the Executive and the Secretary of State whenever it appoints an ONR member. Service as the Chair or as another member of the Executive is not service in the civil service of the State. The Secretary of State, with the approval of the Chair, may appoint one of the other members appointed under sub-paragraph (2) to be the deputy chair of the Executive.
Subject to paragraphs 4 , 4A and 5, a person shall hold and vacate office as the Chair or as another member according to the terms of the instrument appointing him to that office.
The Chair or any other member of the Executive , other than an ONR member, may at any time resign his office by giving notice in writing to the Secretary of State.
Section 10
The Secretary of State may remove a Chair or other member , other than an ONR member, who—
has been absent from meetings of the Executive for a period longer than six months without the permission of the Executive;
has become bankrupt or has had a debt relief order (under Part 7A of the Insolvency Act 1986) made in respect of him or has made an arrangement with his creditors;
in Scotland, has had his estate sequestrated or has made a trust deed for creditors or a composition contract;
has become incapacitated by physical or mental illness; or
is otherwise, in the opinion of the Secretary of State, unable or unfit to carry out his functions.
The Executive shall pay —
to each member, other than an ONR member, such remuneration, and
to each member such travelling and other allowances,
The Executive may regulate its own procedure. The validity of any proceedings of the Executive shall not be affected by any vacancy among the members or by any defect in the appointment of a member. The Executive shall consult with the Secretary of State before making or revising its rules and procedures for dealing with conflicts of interest. The Executive shall from time to time publish a summary of its rules and procedures.
An ONR member may at any time resign from office by giving notice in writing to the Office for Nuclear Regulation. An ONR member ceases to be a member of the Executive upon ceasing to be a non-executive member of the Office for Nuclear Regulation. The Office for Nuclear Regulation may remove an ONR member from office by giving notice in writing. The Office for Nuclear Regulation must notify the Executive and the Secretary of State whenever an ONR member—
The Executive shall, with the consent of the Secretary of State, appoint a person to act as Chief Executive on such terms and conditions as the Secretary of State may determine. The Executive shall appoint such other staff to the service of the Executive as it may determine, with the consent of the Secretary of State as to numbers of persons appointed and as to the terms and conditions of their service. The Executive shall pay to the Minister for the Civil Service at such times as that Minister may direct, such sums as the Minister may determine in respect of any increase attributable to this paragraph in the sums payable out of monies provided by Parliament under the Superannuation Act 1972. A person appointed to the staff of the Executive may not at the same time be a member of the Executive. Service as a member of staff of the Executive is service in the civil service of the State.
Subject to sub-paragraphs (2) to (4), anything authorised or required to be done by the Executive (including exercising the powers under this paragraph) may be done by— Sub-paragraph (1)(b) does not apply to a committee whose members include a person who is neither a member of the Executive nor a member of staff of the Executive. The Executive— The Executive shall not authorise any person to legislate by subordinate instrument. The Executive shall publish any authorisations which it makes under this paragraph.
It shall be the duty of the Chief Executive— The Comptroller and the Auditor General shall examine, certify and report on each statement referred to in sub-paragraph (1)(c) and shall lay copies of each statement and his report before each House of Parliament. As soon as possible after the end of the accounting year, the Executive shall make to the Secretary of State a report on the performance of the Executive's functions during the year. The Secretary of State shall lay the report referred to in sub-paragraph (3) before each House of Parliament. In this paragraph, “accounting year” means the period of 12 months ending with 31st March in any year; but the first accounting year of the Executive shall, if the Secretary of State so directs, be of such other period not exceeding 2 years as may be specified in the direction.
The Secretary of State shall not make any determination or give his consent under paragraph 6 or 8 of this Schedule except with the approval of the Minister for the Civil Service.
The fixing of the common seal of the Executive shall be authenticated by the signature of the Chair or some other person authorised by the Executive to act for that purpose. A document purporting to be duly executed under the seal of the Executive or signed on its behalf shall be received in evidence and shall be deemed to be so executed or signed unless the contrary is proved. This paragraph does not apply to Scotland.
The Commission may authorise any member of the Commission or any officer or servant of the Commission or of the Executive to perform on behalf of the Commission such of the Commission's functions (including the function conferred on the Commission by this paragraph) as are specified in the authorisation.
It shall be the duty of the Commission— The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this Schedule and shall lay copies of each statement and of his report before each House of Parliament.
It shall be the duty of the Commission to make to the Secretary of State, as soon as possible after the end of each accounting year, a report on the performance of its functions during that year; and the Secretary of State shall lay before each House of Parliament a copy of each report made to him in pursuance of this paragraph.
The Secretary of State shall not make a determination or give his consent in pursuance of paragraph 5, 6, 7 or 11 of this Schedule except with the approval of the Minister for the Civil Service.
The fixing of the common seal of the Commission shall be authenticated by the signature of the secretary of the Commission or some other person authorised by the Commission to act for that purpose.
A document purporting to be duly executed under the seal of the Commission shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.
In the preceding provisions of this Schedule—
" accounting year " means the period of twelve months ending with 31st March in any year except that the first accounting year of the Commission shall, if the Secretary of State so directs, be such period shorter or longer than twelve months (but not longer than two years) as is specified in the direction ; and
" the chairman ", " a deputy chairman " and " a member " mean respectively the chairman, a deputy chairman and a member of the Commission.
The preceding provisions of this Schedule (except paragraphs 10 to 12 and 15) shall have effect in relation to the Executive as if— It shall be the duty of the Commission to include in or send with the copies of the statement sent by it as required by paragraph 14(1)(c) of this Schedule copies of the statement sent to it by the Executive in pursuance of the said paragraph 14(1)(c) as adapted by the preceding sub-paragraph. The terms of an instrument appointing a person to be a member of the Executive shall be such as the Commission may determine with the approval of the Secretary of State and the Minister for the Civil Service.
Section 15.
Regulating or prohibiting— Imposing requirements with respect to the design, construction, guarding, siting, installation, commissioning, examination, repair, maintenance, alteration, adjustment, dismantling, testing or inspection of any plant. Imposing requirements with respect to the marking of any plant or of any articles used or designed for use as components in any plant, and in that connection regulating or restricting the use of specified markings. Imposing requirements with respect to the testing, labelling or examination of any substance. Imposing requirements with respect to the carrying out of research in connection with any activity mentioned in subparagraphs (1) to (4) above.
Prohibiting the importation into the United Kingdom or the landing or unloading there of articles or substances of any specified description, whether absolutely or unless conditions imposed by or under the regulations are complied with. Specifying, in a case where an act or omission in relation to such an importation, landing or unloading as is mentioned in the preceding sub-paragraph constitutes an offence under a provision of this Act and of the Customs and Excise Acts 1979 the Act under which the offence is to be punished.
Prohibiting or regulating the transport of articles or substances of any specified description. Imposing requirements with respect to the manner and means of transporting articles or substances of any specified description, including requirements with respect to the construction, testing and marking of containers and means of transport and the packaging and labelling of articles or substances in connection with their transport.
Prohibiting the carrying on of any specified activity or the doing of any specified thing except under the authority and in accordance with the terms and conditions of a licence, or except with the consent or approval of a specified authority. Providing for the grant, renewal, variation, transfer and revocation of licences (including the variation and revocation of conditions attached to licences).
Requiring any person, premises or thing to be registered in any specified circumstances or as a condition of the carrying on of any specified activity or the doing of any specified thing.
Requiring, in specified circumstances, the appointment (whether in a specified capacity or not) of persons (or persons with specified qualifications or experience, or both) to perform specified functions, and imposing duties or conferring powers on persons appointed (whether in pursuance of the regulations or not) to perform specified functions. Restricting the performance of specified functions to persons possessing specified qualifications or experience.
Regulating or prohibiting the employment in specified circumstances of all persons or any class of persons.
Requiring the making of arrangements for securing the health of persons at work or other persons, including arrangements for medical examinations and health surveys. Requiring the making of arrangements for monitoring the atmospheric or other conditions in which persons work.
Imposing requirements with respect to any matter affecting the conditions in which persons work, including in particular such matters as the structural condition and stability of premises, the means of access to and egress from premises, cleanliness, temperature, lighting, ventilation, overcrowding, noise, vibrations, ionising and other radiations, dust and fumes.
Securing the provision of specified welfare facilities for persons at work, including in particular such things as an adequate water supply, sanitary conveniences, washing and bathing facilities, ambulance and first-aid arrangements, cloakroom accommodation, sitting facilities and refreshment facilities.
Imposing requirements with respect to the provision and use in specified circumstances of protective clothing or equipment, including clothing affording protection against the weather.
Requiring in specified circumstances the taking of specified precautions in connection with the risk of fire.
Prohibiting or imposing requirements in connection with the emission into the atmosphere of any specified gas, smoke or dust or any other specified substance whatsoever. Prohibiting or imposing requirements in connection with the emission of noise, vibrations or any ionising or other radiations. Imposing requirements with respect to the monitoring of any such emission as is mentioned in the preceding sub-paragraphs.
Imposing requirements with respect to the instruction, training and supervision of persons at work.
Requiring in specified circumstances, specified matters to be notified in a specified manner to specified persons. Empowering inspectors in specified circumstances to require persons to submit written particulars of measures proposed to be taken to achieve compliance with any of the relevant statutory provisions.
Imposing requirements with respect to the keeping and preservation of records and other documents, including plans and maps.
Imposing requirements with respect to the management of animals.
The following purposes as regards premises of any specified description where persons work, namely—
requiring precautions to be taken against dangers to which the premises or persons therein are or may be exposed by reason of conditions (including natural conditions) existing in the vicinity;
securing that persons in the premises leave them in specified circumstances.
Conferring, in specified circumstances involving a risk of fire or explosion, power to search a person or any article which a person has with him for the purpose of ascertaining whether he has in his possession any article of a specified kind likely in those circumstances to cause a fire or explosion, and power to seize and dispose of any article of that kind found on such a search.
Restricting, prohibiting or requiring the doing of any specified thing where any accident or other occurrence of a specified kind has occurred.
As regards cases of any specified class, being a class such that the variety in the circumstances of particular cases within it calls for the making of special provision for particular cases, any of the following purposes, namely—
conferring on employers or other persons power to make rules or give directions with respect to matters affecting health or safety;
requiring employers or other persons to make rules with respect to any such matters;
empowering specified persons to require employers or other persons either to make rules with respect to any such matters or to modify any such rules previously made by virtue of this paragraph; and
making admissible in evidence without further proof, in such circumstances and subject to such conditions as may be specified, documents which purport to be copies of rules or rules of any specified class made under this paragraph.
Conferring on any local or public authority power to make byelaws with respect to any specified matter, specifying the authority or person by whom any byelaws made in the exercise of that power need to be confirmed, and generally providing for the procedure to be followed in connection with the making of any such byelaws.
In this Schedule “specified” means specified in health and safety regulations. It is hereby declared that the mention in this Schedule of a purpose that falls within any more general purpose mentioned therein is without prejudice to the generality of the more general purpose.
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Preparation of sites.
Suitability, durability and use of materials and components (including surface finishes).
Structural strength and stability, including—
precautions against overloading, impact and explosion ;
measures to safeguard adjacent buildings and services ;
underpinning.
Fire precautions, including—
structural measures to resist the outbreak and spread of fire and to mitigate its effects ;
services, fittings and equipment designed to mitigate the effects of fire or to facilitate fire-fighting ;
means of escape in case of fire and means for securing that such means of escape can be safely and effectively used at all material times.
Resistance to moisture and decay.
Measures affecting the transmission of heat
Measures affecting the transmission of sound.
Measures to prevent infestation.
Measures affecting the emission of smoke, gases, fumes, grit or dust or other noxious or offensive substances.
Drainage (including waste disposal units).
Cesspools and other means for the reception, treatment or disposal of foul matter.
Storage, treatment and removal of waste.
Installations utilising solid fuel, oil, gas, electricity or any other fuel or power (including appliances, storage tanks, heat exchangers, ducts, fans and other equipment).
Water services (including wells and bore-holes for the supply of water) and fittings and fixed equipment associated therewith.
Telecommunications services (including telephones and radio and television wiring installations).
Lifts, escalators, hoists, conveyors and moving footways.
Plant providing air under pressure.
Standards of heating, artificial lighting, mechanical ventilation and air-conditioning and provision of power outlets.
Open space about buildings and the natural lighting and ventilation of buildings.
Accommodation for specific purposes in or in connection with buildings, and the dimensions of rooms and other spaces within buildings.
Means of access to and egress from buildings and parts of buildings.
Prevention of danger and obstruction to persons in and about buildings (including passers-by).
Matters connected with or ancillary to any of the matters mentioned in the preceding provisions of this Schedule.
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In section 64 of the 1936 Act (passing or rejection of plans)—
for subsection (3) substitute—; and
subsection (4) shall cease to have effect.
In section 65 of the 1936 Act (power to require removal or alteration of work not in conformity with building regulations etc.)—
in subsection (1), after "therein" insert " and additions thereto and to execute such additional work in connection therewith ";
after subsection (2) insert as subsection (2A)—;
Provided that where a notice under subsection (1) or (2) above is given to two or more persons in pursuance of subsection (2A) above, then—
Provided that, in a case where plans were deposited nothing in this subsection shall be taken to prevent such a notice from being given (before the expiration of twelve months from the completion of the work in question) in respect of anything of which particulars were not required to be shown in the plans.
In section 90 of the 1936 Act (interpretation of Part II of that Act)—
in subsection (2) (extended meaning, in that Part and building regulations, of references to the erection of a building), for the words from " and, so far " to " those regulations " substitute " except sections 61 to 71 and any other enactment to which section 74(1) of the Health and Safety at Work etc. Act 1974 applies "; and
for subsection (3) (meaning of references to deposited plans) substitute—
In section 4 of the 1961 Act (power to make building regulations)—
in subsection (2) (power to make different provision for different areas) at the end add " and generally different provision for different circumstances or cases "; and
in subsection (6) (penalties for contravening building regulations) after " building regulations" insert " other than a provision designated in the regulations as one to which this subsection does not apply, ", and for " one hundred pounds " and " ten pounds " substitute respectively " £400 " and "£50".
In section 6 of the 1961 Act (power to dispense with or relax requirements of building regulations)—
in subsection (1), add at the end the words " either unconditionally or subject to compliance with any conditions specified in the direction, being conditions with respect to matters directly connected with the dispensation or relaxation. ";
in the proviso to subsection (2), for the words from " shall " onwards substitute " may except applications of any description ";
for subsection (6) substitute—;
after subsection (7), there shall be inserted as subsections (7A) and (7B)—;
subsection (8) shall be omitted.
In section 7 of the 1961 Act (appeal against local authority's refusal to dispense with or relax requirements of building regulations)—
in subsection (1), after second " relax " insert " or grant such an application subject to conditions ", for " by notice in writing " substitute " in the prescribed manner ", for " one month" substitute " the prescribed period " and for " refusal" substitute " decision on the application ";
in subsection (2), for the words from " a period " to " and the local authority " substitute " the prescribed period ";
subsections (3) to (6) shall be omitted ; and
at the end there shall be added the following subsection:—.
For section 8 of the 1961 Act (advertisement of proposal to relax building regulations) substitute—.
In section 9(3) of the 1961 Act (consultation with Building Regulations Advisory Committee and other bodies before making building regulations), at the end add " (including in particular, as regards regulations relevant to any of their functions, the National Water Council). ".
In section 3 (building standards regulations)—
in subsection (2), after the words “health, safety” there shall be inserted the word “welfare”, and at the end there shall be added the words “and for furthering the conservation of fuel and power” ;
in subsection (3), there shall be added the words—
at the end of the section there shall be added the following subsection—
In section 4 (relaxation of building standards regulations)—
for subsection (5) there shall be substituted the following subsections—;
in subsections (6) and (7), after the words “subsection (1)(b)” there shall be inserted the words “or (5)(b)”;
after subsection (7) there shall be inserted the following subsection—.
After subsection 4A, there shall be inserted the following section—
In section 6 (application of building standards regulations and building operations regulations to construction or demolition, and to change of use, of buildings)—
after subsection (3) there shall be inserted the following subsection—
in subsection (10), after the words “any such” there shall be inserted the words “prescribed stage as is mentioned in subsection (3A) of this section and any such”.
In section 9 (certificates of completion)—
in subsection (2), for the words “but only if, they are satisfied that” there shall be substituted the words “, so far as they are able to ascertain after taking all reasonable steps in that behalf,” ;
in subsection (3), for the words “be satisfied as mentioned in the last foregoing subsection” there shall be substituted the words “grant a certificate of completion” ;
after subsection (3) there shall be inserted the following subsection—;
in subsection (4) for the words “the last foregoing subsection” there shall be substituted the words “subsection (3) or (3A) above”.
In section 11(1)(b) (power of local authorities to require buildings to conform to building standards regulations), after the words “health, safety” there shall be inserted the words “welfare”, and after the word “generally” there shall be inserted the words “and for furthering the conservation of fuel and power”.
In section 19 (penalties), for the words “ten pounds” and “one hundred pounds”, wherever they occur, there shall be substituted respectively the words “£50” and “£400”.
After section 19 there shall be inserted the following section—
In section 26 (Crown rights)—
in subsection (1) after the words “Crown and” there shall be inserted the words “subject to the provisions of this section” ;
after subsection (2) there shall be inserted the following subsection—
Section 78.
In this Schedule—
“the 1971 Act” means the Fire Precautions Act 1971;
“1971 Act certificate” means a fire certificate within the meaning of the 1971 Act;
Where by virtue of an order under section 1 of the 1971 Act a 1971 Act certificate becomes required in respect of any premises at a time when there is in force in respect of those premises a Factories Act certificate or an Offices Act certificate (“the existing certificate”), the following provisions of this paragraph shall apply.
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In section 1392)(c) of the Coroners (Amendment) Act 1926 (by virtue of which an inquest must be held with a jury in case of death from certain causes of which notice is required to be given to any inspector or other officer of a government department), after the words “of a government department” there shall be inserted the words “or to an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974,”.
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" 1971 Act certificate" means a fire certificate within the meaning of the 1971 Act;
If any question arises under this section as to which Crown authority is entitled to exercise any such powers as are mentioned in subsection (6) above, that question shall be referred to the Treasury, whose decision shall be final.
The preceding provisions of this section shall, with any necessary modifications, apply in relation to the making of a material change in the use of a building within the meaning of building regulations made for the purposes of section 62(1)(e) of the 1936 Act (as substituted by this Part) as they apply in relation to the carrying out of work.
The provisions of section 72, except subsections (2) to (4), shall apply in relation to the United Kingdom Atomic Energy Authority (in this section referred to as " the Authority ") as if— but so that the said provisions shall not by virtue of this subsection apply in relation to dwelling-houses or offices belonging to or occupied by the Authority.
the Authority were a Crown authority ;
any building belonging to or occupied by the Authority were a Crown building; and
the references in subsection (1) to not being a Crown authority were references to being neither a Crown authority nor the Authority,
Subject to the said provisions as applied by the preceding subsection, building regulations and the enactments relating to building regulations shall not apply in relation to buildings belonging to or occupied by the Authority, being buildings other than dwelling-houses or offices.
For the purposes of any enactment to which this subsection applies—
" building " means any permanent or temporary building and, unless the context otherwise requires, includes any other structure or erection of whatever kind or nature (whether permanent or temporary), and in this paragraph, " structure or erection" shall include a vehicle, vessel, hovercraft, aircraft or other movable object of any kind in such circumstances as may be prescribed (being circumstances which in the opinion of the Secretary of State justify treating it for those purposes as a building);
unless the context otherwise requires, any reference to a building includes a reference to part of a building, and any reference to the provision of services, fittings and equipment in or in connection with buildings, or to services, fittings and equipment so provided, includes a reference to the affixing of things to buildings or, as the case may be, to things so affixed ; and
references to the construction or erection of a building shall include references to— and " construct" and " erect" shall be construed accordingly.
the carrying out of such operations (whether for the reconstruction of a building, the roofing over of an open space between walls or buildings, or otherwise) as may be designated in building regulations as operations falling to be treated for those purposes as the construction or erection of a building, and
the conversion of a movable object into what is by virtue of paragraph (a) above a building,
The preceding subsection applies to sections 61 to 71 of the 1936 Act and to any other enactment (whether or not contained in the 1936 Act or this Act) which relates to building regulations or mentions " buildings " or " a building " in a context from which it appears that those expressions are there intended to have the same meaning as in the said sections 61 to 71.
Unless the context otherwise requires, references in this Act or any other enactment (whether passed before or after this Act) to building regulations shall, in any particular case in relation to which any requirement of building regulations is for the time being dispensed with, waived, relaxed or modified by virtue of section 6 of the 1961 Act, section 66 of this Act or any other enactment, be construed as references to building regulations as they apply in that case.
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The following provisions, namely— shall be construed as one; and Part XII of the 1936 Act shall have effect as if the provisions mentioned in paragraph (b) and (c) above (as well as those mentioned in paragraph (a)) were contained in Part II of that Act.
so much of Part II of the 1936 Act as relates to building regulations;
so much of Part II of the 1961 Act as relates to building regulations; and
this Part, except section 75 and Schedule 7 ;
For the purposes of the provisions mentioned in subsection (1)(a) to (c) above— and in section 1(1) of the 1961 Act (Part II of that Act to be construed as one with Part II of the 1936 Act), after the words " Part II of this Act" there shall be inserted the words " , except so much of it as relates to building regulations, ".
" local authority " means a district council, the Greater London Council, a London borough council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, and includes the Council of the Isles of Scilly; and
the definitions of " local authority" in section 1 (2) of the 1936 Act and section 2(3) of the 1961 Act shall not apply;
In this Part—
as may be determined by the Secretary of State. The Executive shall pay to, or in respect of, any member other than an ONR member , such sums by way of pension, superannuation allowances and gratuities as the Secretary of State may determine. Where a person ceases to be a member other than an ONR member otherwise than on the expiry of his term of office, and the Secretary of State determines that there are special circumstances which make it right that he should receive compensation, the Executive shall pay to him such amount by way of compensation as the Secretary of State may determine. Where— the Executive may pay the member such amount by way of compensation as the Secretary of State may determine.
" the substantive requirements of building regulations " means the requirements of building regulations with respect to the design and construction of buildings and the provision of services, fittings and equipment in or in connection with buildings (including requirements imposed by virtue of section 65(1) or (2)(a) or (b)), as distinct from procedural requirements.
In this Part, in sections 61 to 71 of the 1936 Act and in sections 4 to 8 of the 1961 Act "prescribed" means prescribed by building regulations.
Section 1 of the Radiological Protection Act 1970 (establishment and functions of the National Radiological Protection Board) shall be amended in accordance with the following provisions of this subsection—
after subsection (6) there shall be inserted as subsection (6A)—
after subsection (7) there shall be inserted as subsections (7A) and (7B)—
in subsection (8), after the words “subsection (7)” there shall be inserted the words “ or (7A) ”.
In section 2(6) of the Radiological Protection Act 1970 (persons by whom, as regards premises occupied by the said Board, sections 1 to 51 of the Offices, Shops and Railway Premises Act 1963 and regulations thereunder are enforceable) for the words from “inspectors appointed” to the end of the subsection there shall be substituted the words “ inpectors appointed by the Health and Safety Executive under section 19 of the Health and Safety at Work etc. Act 1974. ”
The Fire Precautions Act 1971 shall be amended in accordance with the following provisions of this section.
In section 1(2) (power to designate uses of premises for which fire certificate is compulsory) at the end there shall be inserted as paragraph (f)—
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In section 12(1) (power to make regulations about fire precautions as regards certain premises), at the end there shall be added the words “ and nothing in this section shall confer on the Secretary of State power to make provision with respect to the taking or observance of special precautions in connection with the carrying on of any manufacturing process ”.
In section 17 (duty of fire authorities to consult other authorities before requiring alterations to buildings)—
in subsection (1), the word “and” shall be omitted where last occurring in paragraph (i) and shall be added at the end of paragraph (ii), and after paragraph (ii) there shall be added as paragraph (iii)—;
there shall be added as paragraph (iii)—;
in subsection (2) (clarification of references in section 9 to persons aggrieved), for the words “or buildings authority” there shall be substituted the words “ buildings authority or other authority ”;
after subsection (2) there shall be added as subsection (3)—
In section 18 (enforcement of Act)—
for the word “it” there shall be substituted the words “ (1) Subject to subsection (2) below, it ”;
for the word “section” there shall be substituted the word “ subsection ”; and
after the word “offence” there shall be added as subsection (2)—
In section 40 (application to Crown etc.)—
in subsection (1)(a) (provisions which apply to premises owned, but not occupied by the Crown), after the word “6” there shall be inserted the words “ , 9A (except subsection (4)) ”;
in subsection (1)(b) (provisions which apply to premises owned, but not occupied by the Crown), after the word “8” there shall be inserted the word “ 9A ”;
in subsection (10) (application of Act to hospital premises in Scotland), for the words from “Regional” to “hospitals” there shall be substituted the words “ Health Board ”;
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In section 43(1) (interpretation) there shall be added at the end the following definition—
Schedule 8 (transitional provisions with respect to fire certificates under the Factories Act 1961 or the Offices, Shops and Railway Premises Act 1963) shall have effect.
The Companies Act 1967 shall be amended in accordance with the following provisions of this section.
In section 16 (additional general matters to be dealt with in directors' reports) in subsection (1) there shall be added after paragraph (f)—
After subsection (4) of the said section 16 there shall be added—.
Regulations made under this subsection may repeal or modify any provision to which this subsection applies if it appears to the authority making the regulations that the repeal or, as the case may be, the modification of that provision is expedient in consequence of or in connection with any provision made by or under Part I.
Subsection (1) above applies to any provision, not being among the relevant statutory provisions, which—
is contained in this Act or in any other Act passed before or in the same Session as this Act; or
is contained in any regulations, order or other instrument of a legislative character which was made under an Act before the passing of this Act; or
applies, excludes or for any other purpose refers to any of the relevant statutory provisions and is contained in any Act not falling within paragraph (a) above or in any regulations, order or other instrument of a legislative character which is made under an Act but does not fall within paragraph (b) above.
Without prejudice to the generality of subsection (1) above, the modifications which may be made by regulations thereunder include modifications relating to the enforcement of provisions to which this section applies (including the appointment of persons for the purpose of such enforcement, and the powers of persons so appointed).
Subsection (1) above shall apply to provisions in the Employment Rights Act 1996 or the Trade Union and Labour Relations (Consolidation) Act 1992 which derive from provisions of the Employment Protection (Consolidation) Act 1978 which re-enactedprovisions previously contained in the Redundancy Payments Act 1965, the Contracts of Employment Act 1972 or the Trade Union and Labour Relations Act 1974 as it applies to provisions contained in Acts passed before or in the same Session as this Act.
The power to make regulations under subsection (1) above shall be exercisable by the Secretary of State . . .; but the authority who is to exercise the power shall, before exercising it, consult such bodies as appear to him to be appropriate.
in relation to provisions not relating exclusively to agricultural operations, by the Secretary of State ;
in relation to provisions relating exclusively to the relevant agricultural purposes, by the appropriate agriculture authority;
In this section “the relevant statutory provisions” has the same meaning as in Part I..
In this section " the relevant statutory provisions," " the relevant agricultural purposes " and " agricultural operation " have the same meaning as in Part I.
There shall be paid out of money provided by Parliament— and any sums received by a Minister of the Crown or government department by virtue of this Act shall be paid into the Consolidated Fund.
any expenses incurred by a Minister of the Crown or government department for the purposes of this Act; and
any increase attributable to the provisions of this Act in the sums payable under any other Act out of money so provided;
In this Act—
“Act” includes a provisional order confirmed by an Act;
“contravention” includes failure to comply, and “contravene” has a corresponding meaning;
“modifications” includes additions, omissions and amendments, and related expressions shall be construed accordingly;
any reference to a Part, section or Schedule not otherwise identified is a reference to that Part or section of, or Schedule to, this Act.
Except in so far as the context otherwise requires, any references in this Act to an enactment is a reference to it as amended, and includes a reference to it as applied, by or under any other enactment, including this Act.
Any power conferred by Part I or II or this Part to make regulations—
includes power to make different provision by the regulations for different circumstances or cases and to include in the regulations such incidental, supplemental and transitional provisions as the authority making the regulations considers appropriate in connection with the regulations; and
shall be exercisable by statutory instrument, which (unless subsection (3A), (3B) or (4) applies) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In the case of a statutory instrument which also contains regulations under section 74 of the Energy Act 2013 (nuclear regulations), subsection (3) is subject to section 113 of that Act (subordinate legislation).
Regulations under section 3(2) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
The first regulations under section 43A(1) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
The enactments mentioned in Schedule 9 shall have effect subject to the amendments specified in that Schedule (being minor amendments or amendments consequential upon the provisions of this Act).
The enactments mentioned in Schedule 10 are hereby repealed to the extent specified in the third column of that Schedule.
This Act, except— does not extend to Northern Ireland.
Part I and this Part so far as may be necessary to enable regulations under section 15 or 30 to be made and operate for the purpose mentioned in paragraph 2 of Schedule 3; and
paragraphs . . . 3 of Schedule 9,
Part III, except section 75 and Schedule 7, does not extend to Scotland.
Her Majesty may by Order in Council provide that the provisions of Parts I and II and this Part shall, to such extent and for such purposes as may be specified in the Order, apply (with or without modification) to or in relation to persons, premises, work, articles, substances and other matters (of whatever kind) outside Great Britain as those provisions apply within Great Britain or within a part of Great Britain so specified. For the purposes of this subsection “premises”, “work” and “substance” have the same meanings as they have for the purposes of Part I.
An Order in Council under subsection (3) above— and any such Order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
may make different provision for different circumstances or cases;
may (notwithstanding that this may affect individuals or bodies corporate outside the United Kingdom) provide for any of the provisions mentioned in that subsection, as applied by such an Order, to apply to individuals whether or not they are British subjects and to bodies corporate whether or not they are incorporated under the law of any part of the United Kingdom;
may make provision for conferring jurisdiction on any court or class of courts specified in the Order with respect to offences under Part I committed outside Great Britain or with respect to causes of action arising by virtue of section 47(2) in respect of acts or omissions taking place outside Great Britain, and for the determination, in accordance with the law in force in such part of Great Britain as may be specified in the Order, of questions arising out of such acts or omissions;
may exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under any provision of Part I committed outside Great Britain;
may be varied or revoked by a subsequent Order in Council under this section;
In relation to proceedings for an offence under Part I committed outside Great Britain by virtue of an Order in Council under subsection (3) above, section 38 shall have effect as if the words “by an inspector, or” were omitted.
Any jurisdiction conferred on any court under this section shall be without prejudice to any jurisdiction exercisable apart from this section by that or any other court.
This Act may be cited as the Health and Safety at Work etc. Act 1974.
This Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed under this subsection for different purposes.
An order under this section may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provision of this Act then in force as appear to him to be necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order).
The mode of trial and maximum penalty applicable to each offence listed in the first column of the following table are as set out opposite that offence in the subsequent columns of the table. Offence Mode of trial Penalty on summary conviction Penalty on conviction on indictment An offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of sections 2 to 6. Summarily or on indictment. Imprisonment for a term not exceeding 12 monthsthe general limit in a magistrates’ court, or a fine not exceeding £20,000fine, or both. Imprisonment for a term not exceeding two years, or a fine, or both. An offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of section 7. Summarily or on indictment. Imprisonment for a term not exceeding 12 monthsthe general limit in a magistrates’ court, or a fine not exceeding the statutory maximumfine, or both. Imprisonment for a term not exceeding two years, or a fine, or both. An offence under section 33(1)(b) consisting of a contravention of section 8. Summarily or on indictment. Imprisonment for a term not exceeding 12 monthsthe general limit in a magistrates’ court, or a fine not exceeding £20,000fine, or both. Imprisonment for a term not exceeding two years, or a fine, or both. An offence under section 33(1)(b) consisting of a contravention of section 9. Summarily or on indictment. A fine not exceeding £20,000fine. A fine. An offence under section 33(1)(c). Summarily or on indictment. Imprisonment for a term not exceeding 12 monthsthe general limit in a magistrates’ court, or a fine not exceeding £20,000fine, or both. Imprisonment for a term not exceeding two years, or a fine, or both. An offence under section 33(1)(d). Summarily only. A fine not exceeding level 5 on the standard scalefine. An offence under section 33(1)(e), (f) or (g). Summarily or on indictment. Imprisonment for a term not exceeding 12 monthsthe general limit in a magistrates’ court, or a fine not exceeding £20,000fine, or both. Imprisonment for a term not exceeding two years, or a fine, or both. An offence under section 33(1)(h). Summarily only. Imprisonment for a term not exceeding 51 weeks (in England and Wales) or 12 months (in Scotland), or a fine not exceeding level 5 on the standard scalefine, or both. An offence under section 33(1)(i). Summarily or on indictment. A fine not exceeding the statutory maximumfine. A fine. An offence under section 33(1)(j). Summarily or on indictment. Imprisonment for a term not exceeding 12 monthsthe general limit in a magistrates’ court, or a fine not exceeding the statutory maximumfine, or both. Imprisonment for a term not exceeding two years, or a fine, or both. An offence under section 33(1)(k), (l) or (m). Summarily or on indictment. Imprisonment for a term not exceeding 12 monthsthe general limit in a magistrates’ court, or a fine not exceeding £20,000fine, or both. Imprisonment for a term not exceeding two years, or a fine, or both. An offence under section 33(1)(n). Summarily only. A fine not exceeding level 5 on the standard scalefine. An offence under section 33(1)(o). Summarily or on indictment. Imprisonment for a term not exceeding 12 monthsthe general limit in a magistrates’ court, or a fine not exceeding £20,000fine, or both. Imprisonment for a term not exceeding two years, or a fine, or both. An offence under the existing statutory provisions for which no other penalty is specified. Summarily or on indictment. Imprisonment for a term not exceeding 12 monthsthe general limit in a magistrates’ court, or a fine not exceeding £20,000fine, or both. Imprisonment for a term not exceeding two years, or a fine, or both.
This paragraph makes transitional modifications of the table as it applies to England and Wales. In relation to an offence committed before 2 May 2022, a reference to imprisonment for a term not exceeding 12 months the general limit in a magistrates’ court is to be read as a reference to imprisonment for a term not exceeding six months. In relation to an offence committed before the commencement of section 281(5) of that Act (alteration of penalties for summary offences), a reference to imprisonment for a term not exceeding 51 weeks is to be read as a reference to imprisonment for a term not exceeding six months.