Health and Safety Act 1974

Changes to legislation: Health and Safety at Work etc.
Act 1974 is up to date with all changes known to be in force on or

before 21 October 2019. There are changes that may be brought into force at a future date. Changes that have been made
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Health and Safety at Work etc. Act 1974

1974 CHAPTER 37
An Act to make further provision for securing the health, safety and welfare of persons
at work, for protecting others against risks to health or safety in connection with the
activities of persons at work, for controlling the keeping and use and preventing the
unlawful acquisition, possession and use of dangerous substances, and for controlling
certain emissions into the atmosphere; to make further provision with respect to the
employment medical advisory service; to amend the law relating to building regulations,
and the Building (Scotland) Act 1959; and for connected purposes. [31st July 1974]
Extent Information
E1 For the application of this Act to Northern Ireland see s. 84(1); Pt. III of this Act (except s. 75 and Sch.
7) does not extend to Scotland see s. 84(2).
Modifications etc. (not altering text)

C1 Act applied (15.12.1999) by 1996 c. 18, Pt. VIII, s. 72(4) (as substituted (15.12.1999) by 1999 c. 26,
ss. 7, 8, 9, Sch. 4 Pt. I; S.I. 1999/2830, art. 2(2))
Act extended (11.10.1999) by S.I. 1999/2550, reg. 3
C2 Act applied by S.I. 1988/778, reg. 11(1)
C3 Act applied by S.I. 1990/13, reg. 11(5)
Act applied in part (1.9.1993) by S.I. 1993/1746, reg. 18(1)(a).
Act extended (1.1.1994) by S.I. 1993/2379, reg. 9(a).
Act extended (1.12.1993) by S.I. 1993/2714, reg. 9(4)(a).
Act applied (31.1.1994) by S.I. 1993/3050, art. 21(1)(a) (with art. 3).
Act applied (with modifications) (29.7.1994) by S.I. 1994/1806, regs. 3(1), 12
Act applied in part (15.3.1995) by S.I. 1995/263, arts. 3-8, 10
Act applied (with modifications) (18.7.1995) by S.I. 1995/1629, art. 30(3)(b)(5)
C4 Certain provisions of this Act applied (with modifications) (29.11.1992) by S.I. 1992/2415, reg. 4(1)
C5 Certain provisions of this Act applied (1.1.1993) by S.I. 1992/2997, reg.6
C6 Certain provisions of this Act applied (with modifications) (E.W.S.) (1.1.1993) by S.I. 1992/3060, reg.
15(1)
C7 Certain provisions of this Act applied (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 21(1)
C8 Act excluded (E.W.) (1.4.2006) by S.I. 2005/1541, art. 47, (with art. 49)
2 Health and Safety at Work etc. Act 1974 (c. 37)
Part I – Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and
Certain Emissions into the Atmosphere
Document Generated: 2019-10-21
Changes to legislation: Health and Safety at Work etc. Act 1974 is up to date with all changes known to be in force on or
C9 Act modified (30.5.2007) by The National Assembly for Wales Commission (Crown Status) (No. 2)
Order 2007 (S.I. 2007/1353), art. 2
C10 Act modified (E.W.S.) (26.3.2015) by S.I. 2015/430, regs. 1(1), 5
C11 Act applied (E.W.S.) (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety
Case etc.) Regulations 2015 (S.I. 2015/398), reg. 36(8) (with reg. 4(2), Sch. 14)
PART I
HEALTH, SAFETY AND WELFARE IN CONNECTION WITH WORK, AND CONTROL

OF DANGEROUS SUBSTANCES AND CERTAIN EMISSIONS INTO THE ATMOSPHERE
Extent Information
E2 For the application of Pt. I to Northern Ireland see s. 84(1).

C12 Pt. 1 (ss. 1–54) extended by S.I. 1981/1011, reg. 9, 1983/1919, reg. 3
Pt. 1 (ss. 1-54) modified (E.W.S.) (1.2.1996) by 1995 c. 25, s. 5(5)(b) (with ss. 115, 117); S.I.
1996/186, art. 2
Pt. 1 (ss. 1-54) modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 33(5)(c) (with s. 7(6), 115, 117); S.I.
1996/186, art. 3
Pt. 1 (ss. 1-54) amended (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(2) (with ss.
7(6), 115, 117); S.I. 1996/186, art. 3
Pt. 1 (ss. 1-54) amended (E.W.S.) (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 10(1)(a)(3); S.I.
1996/218, art. 2
C13 Pt. 1 (ss. 1–54) extended by Gas Act 1986 (c. 44, SIF 44:2), ss. 18, 48(3)(4)
C14 Pt. 1 (ss. 1–54) applied by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 para. 6(2)
C15 Pt. 1 (ss. 1–54) amended by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36
C16 Pt. 1 (ss. 1–54) amended by S.I. 1988/1222, regs. 3, 4
C17 Pt. 1 (ss. 1–54) extended by S.I. 1989/1671, reg. 4
C18 Pt. 1 (ss. 1–54) amended by S.I. 1989/1810, reg. 3 (which S.I. was revoked (1.2.1993) by S.I.
1992/3217, reg. 25).
C19 Pt. 1 (ss. 1–54) amended by S.I. 1990/1380, reg. 3
Pt. 1 (ss. 1-54) saved by Highland Regional Council (Harbours) Order Confirmation Act (c. xii), s. 1,
Sch. s. 61(1)(f)
Pt. 1 (ss. 1-54) definition applied (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss.
206(3)(g), 223(2)
Pt. 1 (ss. 1-54) saved by London Underground (Safety Measures) Act 1991 (c. xviii), s. 11(2)
Pt. 1 (ss. 1-54) saved by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1,
Sch. 1 Pt. XII para. 67(2)
C20 Pt. 1 extended by S.I. 1978/752, reg. 3
Pt. 1 (ss. 1-54): transfer of functions (E.W.) (1.4.1996) by 1995 c. 25, s. 2(1)(g)(2)(c) (with ss. 115,
117); S.I. 1996/186, art. 3
Pt. 1 (ss. 1-54): transfer of functions (S.) (12.10.1995) by 1995 c. 25, s. 21(1)(g) (with ss. 7(6), 115,
117); S.I. 1995/2649, art. 2
Pt. 1 (ss. 1-54): transfer of functions (E.W.S.) (12.10.1995) by 1995 c. 25, s. 21(2)(a) (with ss. 7(6),
115, 117); S.I. 1995/2649, art. 2
C21 Pt. 1 (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), S. 1(1)
C22 Pt. 1 (ss. 1-54) amended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 1(1)
Pt. 1 (ss. 1-54) amended (E.W.S.) (2.2.1994) by 1993 c. 43, s. 117(1)(6), 150(1)(e); S.I. 1994/202, art.
2
Health and Safety at Work etc. Act 1974 (c. 37) 3
C23 Pt. 1 (ss. 1-54) extended (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 4
C24 Pt. 1 (ss. 1-54) modified (E.W.S.) (1.1.1993) by S.I. 1992/2051, reg. 16(2)
C25 Pt. 1 (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 2(1)
Pt. 1 (ss. 1-54) extended (E.W.S.) (2.2.1994) by 1993 c. 43, ss. 117(2)(6), 150(1)(e); S.I. 1994/202, art.
2
C26 Pt. 1 (ss. 1-54) applied (with modifications) (14.4.1999) by S.I. 1999/860, reg. 2
C27 Pt. 1 (ss. 1-54) applied (1.7.1999) by S.I. 1999/1517, reg. 12(3), Sch. 4 para. 12(3)(c)
Pt. 1: functions of local authority not to be responsibility of an executive of the authority (E.)
(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table C
C28 Pt. 1 restricted (S.) (1.10.2006) by 2005 asp 5, ss. 70, 90; S.I. 2006/458, art. 2 (subject to art. 3)
C29 Pt. 1 modified (prosp.) by Energy Act 2008 (c. 32), ss. 99(1), 110
C30 Pt. 1: power to repeal or modify conferred (prosp.) by Energy Act 2008 (c. 32), ss. 99(1)(2), 110
C31 Pt. 1 modified (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), regs. 1(2),
2(3) (with regs. 2(5), 3, Sch. 8)
C32 Pt. 1 applied (E.W.S.) (6.2.2018) by The Ionising Radiation (Medical Exposure) Regulations 2017 (S.I.
2017/1322), regs. 1, 18
Preliminary
1 Preliminary.
(1) The provisions of this Part shall have effect with a view to—
(a) securing the health, safety and welfare of persons at work;
(b) protecting persons other than persons at work against risks to health or safety
arising out of or in connection with the activities of persons at work;
(c) controlling the keeping and use of explosive or highly flammable or otherwise
dangerous substances, and generally preventing the unlawful acquisition,
possession and use of such substances; [F1[F2and]]
[F1[F2(d) controlling the emission into the atmosphere of noxious or offensive
substances from premises of any class prescribed for the purposes of this
paragraph.]]
(2) The provisions of this Part relating to the making of health and safety regulations F3. . .
and the preparation and approval of codes of practice shall in particular have effect
with a view to enabling the enactments specified in the third column of Schedule 1
and the regulations, orders and other instruments in force under those enactments to
be progressively replaced by a system of regulations and approved codes of practice
operating in combination with the other provisions of this Part and designed to
maintain or improve the standards of health, safety and welfare established by or under
those enactments.
(3) For the purposes of this Part risks arising out of or in connection with the activities
of persons at work shall be treated as including risks attributable to the manner
of conducting an undertaking, the plant or substances used for the purposes of an
undertaking and the condition of premises so used or any part of them.
(4) References in this Part to the general purposes of this Part are references to the
purposes mentioned in subsection (1) above.
Textual Amendments
F1 S. 1(1)(d) and preceding word repealed (16.12.1996 for E.W and otherwise prosp.) by 1990 c. 43, s.
162(2), 164(3), Sch. 16 Pt. I; S.I. 1996/3056, art. 2
F2 S. 1(1)(d) and preceding word repealed (S.) (26.2.2015) by The Regulatory Reform (Scotland) Act
2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 2(2)
F3 Words repealed by Employment Protection Act 1975 (c. 71), Sch. 18

C33 Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10
C34 Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art.
11) (as amended by S.I. 2009/1750, art. 2(2)(4))
C35 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974
(Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I.
2009/1750, art. 2(3))
C36 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health
and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I.
2011/745), arts. 1(1), 3(2))
C37 S. 1(1)(c) extended (E.W.S.) (8.8.1996) by S.I. 1996/2075, reg. 2(1) (which amending provision was
revoked (11.3.2002) by S.I. 2002/282, art. 4)
S. 1(1)(c) modified (E.W.S.) (11.3.2002) by S.I. 2002/282, art. 3
C38 S. 1(2) modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 Pt. I para. 6(3)
C39 S. 1(3) applied by Companies Act 1985 (c. 6, SIF 27), s. 235(5), Sch. 7 Pt. IV para. 10(4)
C40 S. 1(3) applied (1.4.2014) by Energy Act 2013 (c. 32), ss. 69(3), 156(1) (with ss. 107, 111); S.I.
2014/251, art. 4
General duties
2 General duties of employers to their employees.

(1) It shall be the duty of every employer to ensure, so far as is reasonably practicable,
the health, safety and welfare at work of all his employees.
(2) Without prejudice to the generality of an employer’s duty under the preceding
subsection, the matters to which that duty extends include in particular—
(a) the provision and maintenance of plant and systems of work that are, so far as
is reasonably practicable, safe and without risks to health;
(b) arrangements for ensuring, so far as is reasonably practicable, safety and
absence of risks to health in connection with the use, handling, storage and
transport of articles and substances;
(c) the provision of such information, instruction, training and supervision as is
necessary to ensure, so far as is reasonably practicable, the health and safety
at work of his employees;
(d) so far as is reasonably practicable as regards any place of work under the
employer’s control, the maintenance of it in a condition that is safe and without
risks to health and the provision and maintenance of means of access to and
egress from it that are safe and without such risks;
(e) the provision and maintenance of a working environment for his employees
that is, so far as is reasonably practicable, safe, without risks to health, and
adequate as regards facilities and arrangements for their welfare at work.
(3) Except in such cases as may be prescribed, it shall be the duty of every employer
to prepare and as often as may be appropriate revise a written statement of his
general policy with respect to the health and safety at work of his employees and the
organisation and arrangements for the time being in force for carrying out that policy,
and to bring the statement and any revision of it to the notice of all of his employees.
(4) Regulations made by the Secretary of State may provide for the appointment in
prescribed cases by recognised trade unions (within the meaning of the regulations)
of safety representatives from amongst the employees, and those representatives shall
represent the employees in consultations with the employers under subsection (6)
below and shall have such other functions as may be prescribed.
F4
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) It shall be the duty of every employer to consult any such representatives with a
view to the making and maintenance of arrangements which will enable him and his
employees to co-operate effectively in promoting and developing measures to ensure
the health and safety at work of the employees, and in checking the effectiveness of
such measures.
(7) In such cases as may be prescribed it shall be the duty of every employer, if requested to
do so by the safety representatives mentioned in [F5subsection (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.
Textual Amendments
F4 Ss. 2(5), 29, 31, 32, 50(4)(5), 53(2)–(6) repealed by Employment Protection Act 1975 (c. 71), Sch. 18
F5 Words substituted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 2

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
C44 S. 2(1)(2)(3) modified (15.11.2000) by S.I. 2000/2831, reg. 5(1)
C45 S. 2(1) modified (E.W.S.) (1.10.2014) by The Genetically Modified Organisms (Contained Use)
Regulations 2014 (S.I. 2014/1663), regs. 1, 4(2) (with reg. 3(1)(2))
C47 S. 2(3) modified (1.10.1993) by S.I. 1993/1897, art. 4(4).
C49 S. 2(4) modified by S.I. 1977/500, reg. 8(1)
3 General duties of employers and self-employed to persons other than their

employees.
(1) It shall be the duty of every employer to conduct his undertaking in such a way as to
ensure, so far as is reasonably practicable, that persons not in his employment who
may be affected thereby are not thereby exposed to risks to their health or safety.
(2) It shall be the duty of every self-employed person [F7who conducts an undertaking of
a prescribed description] to conduct [F8the undertaking]in such a way as to ensure, so
far as is reasonably practicable, that he and other persons (not being his employees)
who may be affected thereby are not thereby exposed to risks to their health or safety.
[F9(2A) A description of undertaking included in regulations under subsection (2) may be
framed by reference to—
(a) the type of activities carried out by the undertaking, where those activities are
carried out or any other feature of the undertaking;
(b) 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.]
(3) In such cases as may be prescribed, it shall be the duty of every employer and every
self-employed person, in the prescribed circumstances and in the prescribed manner,
to give to persons (not being his employees) who may be affected by the way in which
he conducts his undertaking the prescribed information about such aspects of the way
in which he conducts his undertaking as might affect their health or safety.
Textual Amendments
F6 S. 3(2) amendment to earlier affecting provision S.I. 2002/2677, reg. 20 (1.10.2015) by The
Deregulation Act 2015 (Health and Safety at Work) (General Duties of Self-Employed Persons)
(Consequential Amendments) Order 2015 (S.I. 2015/1637), art. 1, Sch. para. 7(3)
F7 Words in s. 3(2) inserted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force)
by Deregulation Act 2015 (c. 20), ss. 1(2)(a), 115(2)(a) (with s. 1(6)); S.I. 2015/1732, art. 2(a)
F8 Words in s. 3(2) substituted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in
force) by Deregulation Act 2015 (c. 20), ss. 1(2)(b), 115(2)(a) (with s. 1(6)); S.I. 2015/1732, art. 2(a)
F9 S. 3(2A) inserted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by
Deregulation Act 2015 (c. 20), ss. 1(3), 115(2)(a) (with s. 1(6)); S.I. 2015/1732, art. 2(a)

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
C53 S. 3(2) modified by S.I. 1978/752, reg. 4
S. 3(2) modified (16.1.1995) by S.I. 1994/3246, reg. 20
C54 S. 3(2) modified by S.I. 1981/1011, reg. 10
C55 S. 3(2) modified by S.I. 1989/1810, reg. 4 (which S.I. was revoked (1.2.1993) by S.I. 1992/3217, reg.
25).
C56 S. 3(2) modified (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 5

S. 3(2) modified (15.11.2000) by S.I. 2000/2831, reg. 5(2)
4 General duties of persons concerned with premises to persons other than their
employees.
(1) This section has effect for imposing on persons duties in relation to those who—
(a) are not their employees; but
(b) use non-domestic premises made available to them as a place of work or as a
place where they may use plant or substances provided for their use there,
and applies to premises so made available and other non-domestic premises used in
connection with them.
(2) It shall be the duty of each person who has, to any extent, control of premises to which
this section applies or of the means of access thereto or egress therefrom or of any
plant or substance in such premises to take such measures as it is reasonable for a
person in his position to take to ensure, so far as is reasonably practicable, that the
premises, all means of access thereto or egress therefrom available for use by persons
using the premises, and any plant or substance in the premises or, as the case may be,
provided for use there, is or are safe and without risks to health.
(3) Where a person has, by virtue of any contract or tenancy, an obligation of any extent
in relation to—
(a) the maintenance or repair of any premises to which this section applies or any
means of access thereto or egress therefrom; or
(b) the safety of or the absence of risks to health arising from plant or substances
in any such premises;
that person shall be treated, for the purposes of subsection (2) above, as being a person
who has control of the matters to which his obligation extends.
(4) Any reference in this section to a person having control of any premises or matter is a
reference to a person having control of the premises or matter in connection with the
carrying on by him of a trade, business or other undertaking (whether for profit or not).

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
[F105 General duty of persons in control of certain premises in relation to harmful

emissions into atmosphere.
[F11(1) [F12Subject to subsection (5) below,]] It shall be the duty of the person having control
of any premises of a class prescribed for the purposes of section 1(1)(d) to use the best
practicable means for preventing the emission into the atmosphere from the premises
of noxious or offensive substances and for rendering harmless and inoffensive such
substances as may be so emitted.
(2) The reference in subsection (1) above to the means to be used for the purposes there
mentioned includes a reference to the manner in which the plant provided for those
purposes is used and to the supervision of any operation involving the emission of the
substances to which that subsection applies.
(3) Any substance or a substance of any description prescribed for the purposes of
subsection (1) above as noxious or offensive shall be a noxious or, as the case may
be, an offensive substance for those purposes whether or not it would be so apart from
this subsection.
(4) Any reference in this section to a person having control of any premises is a reference
to a person having control of the premises in connection with the carrying on by him of
a trade, business or other undertaking (whether for profit or not) and any duty imposed
on any such person by this section shall extend only to matters within his control.
[F13(5) The foregoing provisions of this section shall not apply in relation to any process
which is a prescribed process as from the date which is the determination date for that
process.
(6) For the purposes of subsection (5) above, the “determination date” for a prescribed
process is—
(a) in the case of a process for which an authorisation is granted, the date on which
the enforcing authority grants it, whether in pursuance of the application or,
on an appeal, of a direction to grant it;
(b) in the case of a process for which an authorisation is refused, the date of the
refusal or, on an appeal, of the affirmation of the refusal.
(7) In subsections (5) and (6) above “authorisation”, “enforcing authority” and
“prescribed process” have the meaning given in section 1 of the Environmental
Protection Act 1990 and the reference to an appeal is a reference to an appeal under
section 15 of that Act.]]
Textual Amendments
F10 S. 5 repealed (16.12.1996 for E.W. and otherwise prosp.) by Environmental Protection Act 1990 (c. 43,
SIF 46:4), ss. 162(2), 164(3), Sch. 16 Pt. I; S.I. 1996/3056, art. 2
F11 S. 5 repealed (S.) (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential
Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 2(3)
F12 Words in s. 5 inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1),
Sch. 15 para. 14(a); S.I. 1991/1042, art.2
F13 S. 5(5)–(7) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch.
15 para. 14(b); S.I. 1991/1042, art.2

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
6 General duties of manufacturers etc. as regards articles and substances for use
at work.
[F14(1) It shall be the duty of any person who designs, manufactures, imports or supplies any
article for use at work or any article of fairground equipment—
(a) to ensure, so far as is reasonably practicable, that the article is so designed and
constructed that it will be safe and without risks to health at all times when it
is being set, used, cleaned or maintained by a person at work;
(b) to carry out or arrange for the carrying out of such testing and examination
as may be necessary for the performance of the duty imposed on him by the
preceding paragraph;
(c) to take such steps as are necessary to secure that persons supplied by that
person with the article are provided with adequate information about the use
for which the article is designed or has been tested and about any conditions
necessary to ensure that it will be safe and without risks to health at all such
times as are mentioned in paragraph (a) above and when it is being dismantled
or disposed of; and
(d) to take such steps as are necessary to secure, so far as is reasonably practicable,
that persons so supplied are provided with all such revisions of information
provided to them by virtue of the preceding paragraph as are necessary by
reason of its becoming known that anything gives rise to a serious risk to
health or safety.
(1A) It shall be the duty of any person who designs, manufactures, imports or supplies any
article of fairground equipment—
(a) to ensure, so far as is reasonably practicable, that the article is so designed and
constructed that it will be safe and without risks to health at all times when
it is being used for or in connection with the entertainment of members of
the public;
preceding paragraph;
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

health or safety.]
(2) It shall be the duty of any person who undertakes the design or manufacture of any
article for use at work [F15or of any article of fairground equipment] to carry out or
arrange for the carrying out of any necessary research with a view to the discovery
and, so far as is reasonably practicable, the elimination or minimisation of any risks
to health or safety to which the design or article may give rise.
(3) It shall be the duty of any person who erects or installs any article for use at work in any
premises where that article is to be used by persons at work [F16or who erects or installs
any article of fairground equipment] to ensure, so far as is reasonably practicable, that
nothing about the way in which [F17the 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.]
[F18(4) It shall be the duty of any person who manufactures, imports or supplies any substance
—
(a) to ensure, so far as is reasonably practicable, that the substance will be safe and
without risks to health at all times when it is being used, handled, processed,
stored or transported by a person at work or in premises to which section 4
above applies;
preceding paragraph
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
health or safety.]
(5) It shall be the duty of any person who undertakes the manufacture of any [F19substance]
to carry out or arrange for the carrying out of any necessary research with a view to the
discovery and, so far as is reasonable practicable, the elimination or minimisation of
any risks to health or safety to which the substance may give rise [F19at all such times
as are mentioned in paragraph (a) of subsection (4) above].
(6) Nothing in the preceding provisions of this section shall be taken to require a person
to repeat any testing, examination or research which has been carried out otherwise
than by him or at his instance, in so far as it is reasonable for him to rely on the results
thereof for the purposes of those provisions.
(7) Any duty imposed on any person by any of the preceding provisions of this section
shall extend only to things done in the course of a trade, business or other undertaking
carried on by him (whether for profit or not) and to matters within his control.
(8) Where a person designs, manufactures, imports or supplies an article [F20for 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
[F21at 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 [F22by virtue
of that paragraph] to such extent as is reasonable having regard to the terms of the
undertaking.
[F23(8A) Nothing in subsection (7) or (8) above shall relieve any person who imports any article
or substance from any duty in respect of anything which—
(a) in the case of an article designed outside the United Kingdom, was done by
and in the course of any trade, profession or other undertaking carried on by,
or was within the control of, the person who designed the article; or
(b) in the case of an article or substance manufactured outside the United
Kingdom, was done by and in the course of any trade, profession or other
undertaking carried on by, or was within the control of, the person who
manufactured the article or substance.]
(9) Where a person (“the ostensible supplier”) supplies any [F24article or substance] to
another (“the customer”) under a hire-purchase agreement, conditional sale agreement
or credit-sale agreement, and the ostensible supplier—
(a) carries on the business of financing the acquisition of goods by others by
means of such agreements; and
(b) in the course of that business acquired his interest in the article or substance
supplied to the customer as a means of financing its acquisition by the
customer from a third person (“the effective supplier”),
the effective supplier and not the ostensible supplier shall be treated for the purposes
of this section as supplying the article or substance to the customer, and any duty
imposed by the preceding provisions of this section on suppliers shall accordingly fall
on the effective supplier and not on the ostensible supplier.
[F25(10) For the purposes of this section an absence of safety or a risk to health shall be
disregarded in so far as the case in or in relation to which it would arise is shown to
be one the occurrence of which could not reasonably be foreseen; and in determining
whether any duty imposed by virtue of paragraph (a) of subsection (1), (1A) or (4)
above has been performed regard shall be had to any relevant information or advice
which has been provided to any person by the person by whom the article has been
designed, manufactured, imported or supplied or, as the case may be, by the person
by whom the substance has been manufactured, imported or supplied.]
Textual Amendments
F14 S. 6(1)(1A) substituted for s. 6(1) by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3
para. 1(2)
F15 Words inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(4)
F16 Words inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(4)(a)
F17 Words substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(4)(b)
F18 S. 6(4) substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(5)
F19 Word substituted and words beginning “at all such times...” inserted by Consumer Protection Act 1987
(c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(6)(a)(b)
F20 Words substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(7)(a)
F21 Words substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(7)(b)
F22 Words substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(7)(c)
F23 S. 6(8A) inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(8)
F24 Words substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(9)
F25 S. 6(10) substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(10)

2011/745), arts. 1(1), 3(2))
C64 S. 6 modified by S.I. 1980/907, reg. 3
C66 S. 6 modified by S.I. 1989/1790, reg. 12
C67 S. 6 modified (3.8.1992) by S.I. 1992/1524, reg. 3
2009/1750, art. 2(3))
C70 S. 6(1) modified ibid., reg. 4
C71 S. 6(1)(1A) modified (3.8.1992) by S.I. 1992/1524, reg. 4
C72 S. 6(1) modified (1.1.2000) by S.I. 1999/3232, reg. 31(1)
C73 S. 6(1) modified (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), regs. 1(2),
32(1) (with regs. 2(5), 3, Sch. 8)
C74 S. 6(9) applied by S.I. 1989/2169, reg. 3(4), Sch. 3 para. 3
S. 6(9) applied (21.2.2000) by S.I. 2000/128, reg. 3, Sch. 2
7 General duties of employees at work.

It shall be the duty of every employee while at work—
(a) to take reasonable care for the health and safety of himself and of other persons
who may be affected by his acts or omissions at work; and
(b) as regards any duty or requirement imposed on his employer or any other
person by or under any of the relevant statutory provisions, to co-operate with
him so far as is necessary to enable that duty or requirement to be performed
or complied with.

2011/745), arts. 1(1), 3(2))
C76 S. 7 modified (15.11.2000) by S.I. 2000/2831, reg. 5(1)
Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art.
2009/1750, art. 2(3))
C78 S. 7 modified (E.W.S.) (1.10.2014) by The Genetically Modified Organisms (Contained Use)
8 Duty not to interfere with or misuse things provided pursuant to certain

provisions.
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.

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
9 Duty not to charge employees for things done or provided pursuant to certain
specific requirements.
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.

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
The Health and Safety Commission and the Health and Safety Executive
[F26 10 Establishment of the Executive.

(1) There shall be a body corporate to be known as the Health and Safety Executive (in
this Act referred to as “ the Executive ”).
(2) The provisions of Schedule 2 shall have effect with respect to the Executive.
(3) The functions of the Executive and of its officers and servants shall be performed on
behalf of the Crown.
(4) For the purpose of any civil proceedings arising out of those functions—
(a) in England and Wales and Northern Ireland, the Crown Proceedings Act 1947
shall apply to the Executive as if it were a government department within the
meaning of that Act, and
(b) in Scotland, the Crown Suits (Scotland) Act 1857 shall apply to the Executive
as if it were a public department within the meaning of that Act.]
Textual Amendments
F26 S. 10 substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I.
2008/960), art. 4 (with art. 21, Sch. 2)

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
C88 S. 10(1) applied (with modifications) (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations
2015 (S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(a), 2
C89 S. 10(1) applied (with modifications) (8.12.2016) by The Lifts Regulations 2016 (S.I. 2016/1093), reg.
1, Sch. 8 paras. 1(a), 2 (with regs. 3-5)
[F27 11 Functions of the Executive.

(1) It shall be the general duty of the Executive to do such things and make such
arrangements as it considers appropriate for the general purposes of this Part.
(2) In connection with the general purposes of this Part, the Executive shall—
(a) assist and encourage persons concerned with matters relevant to those
purposes to further those purposes;
(b) make such arrangements as it considers appropriate for the carrying out of
research and the publication of the results of research and the provision of
training and information, and encourage research and the provision of training
and information by others;
(c) make such arrangements as it considers appropriate to secure that the
following persons are provided with an information and advisory service on
matters relevant to those purposes and are kept informed of and are adequately
advised on such matters—
(i) government departments,
(ii) local authorities,
(iii) employers,
(iv) employees,
(v) organisations representing employers or employees, and

(vi) other persons concerned with matters relevant to the general purposes
of this Part.
(3) The Executive shall submit from time to time to the Secretary of State such proposals
as the Executive considers appropriate for the making of regulations under any of the
relevant statutory provisions.
(4) In subsections (1) to (3)—
(a) references to the general purposes of this Part do not include references to
[F28any of the transferred purposes]; and
(b) the reference to the making of regulations under the relevant statutory
provisions does not include a reference so far as the regulations are made
[F29—
(i) for any of the transferred purposes, or
(ii) under section 43 and concern fees relating to nuclear site regulation.]
[ In subsection (4)—
F30
(4A) (a) “ the transferred purposes ” means—
(i) the railway safety purposes;
(ii) the nuclear safety purposes;
(iii) the nuclear security purposes;
(iv) the nuclear safeguards purposes;
(v) the radioactive material transport purposes;
(b) “ fees relating to nuclear site regulation ” means fees payable for or in
connection with the performance of a function by or on behalf of—
(i) the Office for Nuclear Regulation, or
(ii) any inspector appointed by the Office for Nuclear Regulation.
[ Subsection (4)(b)(i) does not apply in relation to the making of regulations under
F31
(4AA) 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).]
(4B) 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).]
(5) It shall be the duty of the Executive—
(a) to submit to the Secretary of State from time to time particulars of what it
proposes to do for the purpose of performing of its functions;
(b) to ensure that its activities are in accordance with proposals approved by the
Secretary of State; and
(c) to give effect to any directions given to it by the Secretary of State.
(6) The Executive shall provide a Minister of the Crown on request—
(a) with information about its activities in connection with any matter with which
the Minister is concerned; and
(b) with advice on any matter with which he is concerned, where relevant expert
advice is obtainable from any of the officers or servants of the Executive, but
which is not relevant to the general purposes of this Part.]
Textual Amendments
F27 Ss. 11-13 substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008
(S.I. 2008/960), art. 5 (with art. 21, Sch. 2)
F28 Words in s. 11(4)(a) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 2(2)
(a); S.I. 2014/251, art. 4
F29 Words in s. 11(4)(b) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 2(2)
(b); S.I. 2014/251, art. 4
F30 S. 11(4A)(4B) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 2(3); S.I.
2014/251, art. 4
F31 S. 11(4AA) inserted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by
Deregulation Act 2015 (c. 20), ss. 1(4), 115(2)(a) (with s. 1(6)); S.I. 2015/1732, art. 2(a)

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
[F32 12 Control of the Executive by the Secretary of State.

(1) The Secretary of State may approve any proposals submitted to him under
section 11(5)(a) with or without modifications.
(2) The Secretary of State may at any time give to the Executive—
(a) such directions as he thinks fit with respect to its functions, or
(b) such directions as appear to him requisite or expedient to give in the interests
of the safety of the State.
(3) The Secretary of State may not under subsection (2) give any directions with regard
to the enforcement of the relevant statutory provisions in any particular case.
(4) The reference to directions in subsection (2)(a)—
(a) includes directions modifying the Executive's functions, but
(b) does not include directions conferring functions on the Executive other than
any functions of which it was deprived by previous directions given under
subsection (2)(a).]
Textual Amendments

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
[F33 13 Powers of the Executive.

(1) Subject to subsection (2), the Executive shall have power to do anything which
is calculated to facilitate, or is conducive or incidental to, the performance of its
functions, including a function conferred on it under this subsection.
(2) The power in subsection (1) shall not include the power to borrow money.
(3) The Executive may make agreements with a government department or other person
for that department or person to perform any of its functions, with or without payment.
(4) Subject to subsections (5) and (6), the Executive may make agreements with a
Minister of the Crown, with a government department or with a public authority
to perform functions exercisable by that Minister, department or authority, with or
without payment.
(5) The functions referred to in subsection (4)—
(a) in the case of a Minister of the Crown, include functions not conferred by an
enactment;
(b) shall be functions which the Secretary of State considers can be appropriately
performed by the Executive; and
(c) do not include any power to make regulations or other instruments of a
legislative character.
(6) The Executive may provide services or facilities, with or without payment, otherwise
than for the general purposes of this Part, to a government department or public
authority in connection with the exercise of that department's or authority's functions.
[ The reference in subsection (6) to the general purposes of this Part does not include
F34
(6A) a reference to any of the following—
(a) the nuclear safety purposes;
(b) the nuclear security purposes;
(c) the nuclear safeguards purposes;
(d) the radioactive material transport purposes.]
(7) The Executive may appoint persons or committees of persons to provide it with advice
in connection with any of its functions and, without prejudice to subsection (8), it may
remunerate these persons.
(8) The Executive may, in connection with the performance of its functions, pay to any
person—
(a) travelling and subsistence allowances, and
(b) compensation for loss of remunerative time.

(9) Any amounts paid under subsections (7) and (8) shall be such as may be determined
by the Secretary of State, with the approval of the Minister for the Civil Service.
(10) The Executive may—
(a) carry out, arrange for, or make payments for the carrying out of, research into
any matter connected with its functions, and
(b) disseminate or arrange for or make payments for the dissemination of
information derived from this research.
(11) The Executive may include, in any arrangements made for the provision of services or
facilities under subsection (6), provision for the making of payments to the Executive,
or any person acting on its behalf, by other parties to the arrangements and by persons
using those services or facilities.]
Textual Amendments
F34 S. 13(6A) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 3; S.I. 2014/251,
art. 4

2011/745), arts. 1(1), 3(2))
C98 S. 13(2) restricted (E.W.S.) (8.11.2006) by 2006 c. 49, s. 51(2) (with s. 61(9)(a))
2009/1750, art. 2(3))
14 Power of the Commission to direct investigations and inquiries. E+W+S

(1) This section applies to the following matters, that is to say any accident, occurrence,
situation or other matter whatsoever which [F35the 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
[F36(a) those general purposes shall be treated as not including the railway safety
purposes [F37or the ONR's purposes]; but
(b) it is otherwise ] immaterial whether the Executive is or is not responsible for
securing the enforcement of such (if any) of the relevant statutory provisions
as relate to the matter in question.
[F38(2) The Executive may at any time—
(a) investigate and make a special report on any matter to which this section
applies; or
(b) authorise another person to investigate and make a special report into any such
matter.
(2A) The Executive may at any time, with the consent of the Secretary of State, direct an
inquiry to be held into any matter to which this section applies.]
(3) Any inquiry held by virtue of [F39subsection (2A)] above shall be held in accordance
with regulations made for the purposes of this subsection by the Secretary of State,
and shall be held in public except where or to the extent that the regulations provide
otherwise.
(4) Regulations made for the purposes of subsection (3) above may in particular include
provision—
(a) conferring on the person holding any such inquiry, and any person assisting
him in the inquiry, powers of entry and inspection;
(b) conferring on any such person powers of summoning witnesses to give
evidence or produce documents and power to take evidence on oath and
administer oaths or require the making of declarations;
(c) requiring any such inquiry to be held otherwise than in public where or to the
extent that a Minister of the Crown so directs.
[F40(4A) 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.]
[F41(5) In the case of a special report made by virtue of subsection (2), or a report made by
the person holding an inquiry by virtue of subsection (2A), the Executive may cause
the report, or so much of it as the Executive thinks fit, to be made public at such time
and in such manner as it thinks fit.]
(6) [F42The Executive]—
(a) in the case of an investigation and special report made by virtue of
[F43subsection (2)] above (otherwise than by an officer or servant of the
Executive), may pay to the person making it such remuneration and expenses
as the Secretary of State may, with the approval of the Minister for the Civil
Service, determine;
(b) in the case of an inquiry held by virtue of [F44subsection (2A)] above, may
pay to the person holding it and to any assessor appointed to assist him
such remuneration and expenses, and to persons attending the inquiry as
witnesses such expenses, as the Secretary of State may, with the like approval,
determine; and
(c) may, to such extent as the Secretary of State may determine, defray the other
costs, if any, of any such investigation and special report or inquiry.
F45F46
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E3 This version of this provision extends to England and Wales and Scotland only; a separate version has
been created for Northern Ireland only
Textual Amendments
F35 Words in s. 14(1) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive)
Order 2008 (S.I. 2008/960), art. 6(2) (with art. 21, Sch. 2)
F36 Words in s. 14(1) substituted (E.W.S.) (1.4.2006) by Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para.
4(5) (with paras. 5, 6); S.I. 2006/266, art. 2
F37 Words in s. 14(1)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 4(2); S.I.
2014/251, art. 4
F38 S. 14(2)(2A) substituted (1.4.2008) for s. 14(2) by The Legislative Reform (Health and Safety
Executive) Order 2008 (S.I. 2008/960), art. 6(3) (with art. 21, Sch. 2)
F40 S. 14(4A) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 4(3); S.I. 2014/251,
art. 4
F41 S. 14(5) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008
(S.I. 2008/960), art. 6(5) (with art. 21, Sch. 2)
Order 2008 (S.I. 2008/960), art. 6(6)(a) (with art. 21, Sch. 2)
F43 Words in s. 14(6)(a) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive)
Order 2008 (S.I. 2008/960), art. 6(6)(b) (with art. 21, Sch. 2)
F44 Words in s. 14(6)(b) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive)
Order 2008 (S.I. 2008/960), art. 6(6)(c) (with art. 21, Sch. 2)
F45 S. 14(7) repealed (S.) (15.6.2017) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland)
Act 2016 (asp 2), s. 42(2), sch. 2 para. 2(2); S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)
F46 S. 14(7) repealed (E.W.N.I.) (15.6.2017) by The Inquiries into Fatal Accidents and Sudden Deaths
etc. (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1142),
art. 1(2), Sch. para. 3(2) (with art. 7(2)); S.S.I. 2017/155, reg. 2

2011/745), arts. 1(1), 3(2))
C102 S. 14 continued (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I.
2008/960), art. 21, Sch. 2 para. 6(2)
2009/1750, art. 2(3))
14 Power of the Commission to direct investigations and inquiries. N.I.

(1) This section applies to the following matters, that is to say any accident, occurrence,
situation or other matter whatsoever which [F35the 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.
[F38(2) The Executive may at any time—
(a) investigate and make a special report on any matter to which this section
applies; or
(b) authorise another person to investigate and make a special report into any such
matter.
(2A) The Executive may at any time, with the consent of the Secretary of State, direct an
inquiry to be held into any matter to which this section applies.]
(3) Any inquiry held by virtue of [F39subsection (2A)] above shall be held in accordance
with regulations made for the purposes of this subsection by the Secretary of State,
and shall be held in public except where or to the extent that the regulations provide
otherwise.
(4) Regulations made for the purposes of subsection (3) above may in particular include
provision—
(a) conferring on the person holding any such inquiry, and any person assisting
him in the inquiry, powers of entry and inspection;
(b) conferring on any such person powers of summoning witnesses to give
evidence or produce documents and power to take evidence on oath and
administer oaths or require the making of declarations;
(c) requiring any such inquiry to be held otherwise than in public where or to the
extent that a Minister of the Crown so directs.
[F40(4A) 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.]
[F41(5) In the case of a special report made by virtue of subsection (2), or a report made by
the person holding an inquiry by virtue of subsection (2A), the Executive may cause
the report, or so much of it as the Executive thinks fit, to be made public at such time
and in such manner as it thinks fit.]
(6) [F42The Executive]—
(a) in the case of an investigation and special report made by virtue of
[F43subsection (2)] above (otherwise than by an officer or servant of the
Executive), may pay to the person making it such remuneration and expenses
as the Secretary of State may, with the approval of the Minister for the Civil
Service, determine;
(b) in the case of an inquiry held by virtue of [F44subsection (2A)] above, may
pay to the person holding it and to any assessor appointed to assist him
such remuneration and expenses, and to persons attending the inquiry as
witnesses such expenses, as the Secretary of State may, with the like approval,
determine; and
(c) may, to such extent as the Secretary of State may determine, defray the other
costs, if any, of any such investigation and special report or inquiry.
F46
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E10 This version of this provision extends to Northern Ireland only; a separate version has been created for
England and Wales and Scotland only
Textual Amendments
F38 S. 14(2)(2A) substituted (1.4.2008) for s. 14(2) by The Legislative Reform (Health and Safety
F40 S. 14(4A) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 4(3); S.I. 2014/251,
art. 4
Order 2008 (S.I. 2008/960), art. 6(6)(c) (with art. 21, Sch. 2)
F46 S. 14(7) repealed (E.W.N.I.) (15.6.2017) by The Inquiries into Fatal Accidents and Sudden Deaths
etc. (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1142),
art. 1(2), Sch. para. 3(2) (with art. 7(2)); S.S.I. 2017/155, reg. 2

C102 S. 14 continued (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I.
2008/960), art. 21, Sch. 2 para. 6(2)
2009/1750, art. 2(3))
Health and safety regulations and approved codes of practice
15 Health and safety regulations.

[F47( 1 ) Subject to the provisions of section 50, the Secretary of State F48 . . . 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 ”). ]
[F49(1A) In subsection (1), the reference to the general purposes of this Part does not include
a reference to any of the following—
(a) the nuclear safety purposes;
(b) the nuclear security purposes;
(c) the nuclear safeguards purposes;
(d) the radioactive material transport purposes.
(1B) 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.]
(2) Without prejudice to the generality of [F50subsection (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.
(3) Health and safety regulations—
(a) may repeal or modify any of the existing statutory provisions;

(b) may exclude or modify in relation to any specified class of case any of the
provisions of sections 2 to 9 or any of the existing statutory provisions;
(c) may [F51 , 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.
[F52(3A) 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.
(3B) Subsection (3A) does not prevent health and safety regulations providing for the
[F53Office 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.
(3C) In subsections (3A) and (3B), “ GB nuclear site ” has the same meaning as in section 68
of the Energy Act 2013 (nuclear safety purposes). ]
(a) may impose requirements by reference to the approval of [F54the Executive]
or any other specified body or person;
(b) may provide for references in the regulations to any specified document to
operate as reference to that document as revised or re-issued from time to time.
(a) may provide (either unconditionally or subject to conditions, and with or
without limit of time) for exemptions from any requirement or prohibition
imposed by or under any of the relevant statutory provisions;
(b) may enable exemptions from any requirement or prohibition imposed by
or under any of the relevant statutory provisions to be granted (either
unconditionally or subject to conditions, and with or without limit of time) by
any specified person or by any person authorised in that behalf by a specified
authority.
(a) may specify the persons or classes of persons who, in the event of a
contravention of a requirement or prohibition imposed by or under the
regulations, are to be guilty of an offence, whether in addition to or to the
exclusion of other persons or classes of persons;
(b) may provide for any specified defence to be available in proceedings for any
offence under the relevant statutory provisions either generally or in specified
circumstances;
(c) may exclude proceedings on indictment in relation to offences consisting of a
contravention of a requirement or prohibition imposed by or under any of the
existing statutory provisions, sections 2 to 9 or health and safety regulations;
(d) may restrict the punishments [F55(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.
[ (e) F57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]
F56
(7) Without prejudice to section 35, health and safety regulations may make provision for
enabling offences under any of the relevant statutory provisions to be treated as having
been committed at any specified place for the purpose of bringing any such offence
within the field of responsibility of any enforcing authority or conferring jurisdiction
on any court to entertain proceedings for any such offence.
(8) Health and safety regulations may take the form of regulations applying to particular
circumstances only or to a particular case only (for example, regulations applying to
particular premises only).
(9) If an Order in Council is made under section 84(3) providing that this section shall
apply to or in relation to persons, premises or work outside Great Britain then,
notwithstanding the Order, health and safety regulations shall not apply to or in relation
to aircraft in flight, vessels, hovercraft or offshore installations outside Great Britain
or persons at work outside Great Britain in connection with submarine cables or
submarine pipelines except in so far as the regulations expressly so provide.
(10) In this section “specified” means specified in health and safety regulations.
Textual Amendments
F47 S. 15(1) substituted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 6
F48 Words in S. 15(1) repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2(with art. 6)
2014/251, art. 4
F50 Words in s. 15(2) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 5(3); S.I.
2014/251, art. 4
F51 Words in s. 15(3)(c) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 5(4); S.I.
2014/251, art. 4
F52 S. 15(3A)-(3C) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 5(5); S.I.
2014/251, art. 4
F53 Words in s. 15(3B) substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of
Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(c)(i)
Order 2008 (S.I. 2008/960), art. 7 (with art. 21, Sch. 2)
F55 Words inserted by Criminal Law Act 1977 (c. 45), Sch. 12
F56 S. 15(6)(e) inserted (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 4(1)(6).
F57 S. 15(6)(e) repealed (16.1.2009) by Health and Safety (Offences) Act 2008 (c. 20), ss. 2, 3(2), Sch. 3
para. 2(1), Sch. 4 (with s. 3(3))

2011/745), arts. 1(1), 3(2))
C105 S. 15 extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), ss. 1(2), 2(2).
S. 15 extended (31.10.1994) by 1994 c. 21, s. 55(1)(3) (with s. 40(7)); S.I. 1994/2553, art. 2
S. 15 applied (19.10.1994) by S.I. 1994/2479, reg. 3
S. 15 applied (31.1.1995) by S.I. 1994/3247, reg. 16(1)(a)
C107 S. 15 modified (20.9.2001) by S.I. 2001/2975, reg. 19
2009/1750, art. 2(3))
C109 S. 15(1) extended (E.W.S) (2.2.1994) by 1993 c. 43, ss. 117(3)(6), 150(1)(e); S.I. 1994/202, art. 2
C110 S. 15(7): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(a), 5 (with s. 3(5))
16 Approval of codes of practice by [F58the Executive]. E+W+S

(1) For the purpose of providing practical guidance with respect to the requirements of any
provision of [F59any of the enactments or instruments mentioned in subsection (1A)
below] , [F58the Executive] may, subject to the following subsection F60. . .
(a) approve and issue such codes of practice (whether prepared by it or not) as in
its opinion are suitable for that purpose;
(b) approve such codes of practice issued or proposed to be issued otherwise than
by [F58the Executive] as in its opinion are suitable for that purpose.
[F61(1A) Those enactments and instruments are—
(a) sections 2 to 7 above;
(b) health and safety regulations, except so far as they make provision exclusively
in relation to transport systems falling within paragraph 1(3) of Schedule 3 to
the Railways Act 2005; and
(c) the existing statutory provisions that are not such provisions by virtue of
section 117(4) of the Railways Act 1993.]
(2) [F58The Executive] shall not approve a code of practice under subsection (1) above
without the consent of the Secretary of State, and shall, before seeking his consent,
consult—
(a) any government department or other body that appears to [F58the Executive]
to be appropriateF62...F62...F62...; and
(b) such government departments and other bodies, if any, as in relation to any
matter dealt with in the code, [F58the Executive] is required to consult under
this section by virtue of directions given to it by the Secretary of State.
(3) Where a code of practice is approved by [F58the Executive] under subsection (1) above,
[F58the Executive] shall issue a notice in writing—
(a) identifying the code in question and stating the date on which its approval by
[F58the Executive] is to take effect; and
(b) specifying for which of the provisions mentioned in subsection (1) above the
code is approved.
(4) [F58The Executive] may—
(a) from time to time revise the whole or any part of any code of practice prepared
by it in pursuance of this section;
(b) approve any revision or proposed revision of the whole or any part of any
code of practice for the time being approved under this section;
and the provisions of subsections (2) and (3) above shall, with the necessary
modifications, apply in relation to the approval of any revision under this subsection as
they apply in relation to the approval of a code of practice under subsection (1) above.
(5) [F58The Executive] may at any time with the consent of the Secretary of State withdraw
its approval from any code of practice approved under this section, but before seeking
his consent shall consult the same government departments and other bodies as it
would be required to consult under subsection (2) above if it were proposing to approve
the code.
(6) Where under the preceding subsection [F58the Executive] withdraws its approval from
a code of practice approved under this section, [F58the Executive] shall issue a notice
in writing identifying the code in question and stating the date on which its approval
of it is to cease to have effect.
(7) References in this Part to an approved code of practice are references to that code as
it has effect for the time being by virtue of any revision of the whole or any part of
it approved under this section.
(8) The power of [F58the Executive] under subsection (1)(b) above to approve a code of
practice issued or proposed to be issued otherwise than by [F58the 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.
Extent Information
Textual Amendments
F58 Words in s. 16 substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order
2008 (S.I. 2008/960), art. 8 (with art. 21, Sch. 2)
F59 Words in s. 16(1) substituted (E.W.S.) (1.4.2006) by Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para.
9(1); S.I. 2006/266, art. 2, Sch.
F61 S. 16(1A) inserted (E.W.S.) (1.4.2006) by Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para. 9(2); S.I.
2006/266, art. 2, Sch.
F62 Words in s. 16(2)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4),
Sch. 7 para. 5; S.I. 2013/160, art. 2(2) (with arts. 7-9)

2011/745), arts. 1(1), 3(2))
Ss. 16-21, 23, 24, 26, 28, 33, 34, 36-39, 42(1)-(3), 46 extended (E.W.S.) (1.10.1996) by S.I.
1996/1513, reg. 10
Ss. 16-24, 26, 28, 33-40, 42, 46, 47 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840,
regs. 7, 9
Ss. 16-26, 33-42, 47 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C112 Ss. 16-21 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1), (2), (3)
Ss. 16-21 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(a)
Ss. 16-26 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)
2009/1750, art. 2(3))
C115 Ss. 16-26 applied (E.W.S.) (1.10.2014) by The Genetically Modified Organisms (Contained Use)
Regulations 2014 (S.I. 2014/1663), regs. 1, 30(2)(a) (with reg. 3(1)(2))
C116 Ss. 16-21 applied (with modifications) (E.W.S.) (1.6.2015) by The Control of Major Accident Hazards
Regulations 2015 (S.I. 2015/483), regs. 1(1), 27(1)(a) (with reg. 3(2))
C117 Ss. 16-22 applied (E.W.S.) (19.7.2015) by The Offshore Installations (Offshore Safety Directive)
(Safety Case etc.) Regulations 2015 (S.I. 2015/398), regs. 1, 36(1)(a) (with reg. 4(2), Sch. 14)
16 Approval of codes of practice by [F58the Executive]. N.I.

(1) For the purpose of providing practical guidance with respect to the requirements of any
provision of sections 2 to 7 or of health and safety regulations or of any of the existing
statutory provisions, [F58the Executive] may, subject to the following subsection F60. . .
(a) approve and issue such codes of practice (whether prepared by it or not) as in
its opinion are suitable for that purpose;
(b) approve such codes of practice issued or proposed to be issued otherwise than
by [F58the Executive] as in its opinion are suitable for that purpose.
(2) [F58The 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—
to be appropriateF62...; and
(b) such government departments and other bodies, if any, as in relation to any
matter dealt with in the code, [F58the Executive] is required to consult under
this section by virtue of directions given to it by the Secretary of State.
(3) Where a code of practice is approved by [F58the Executive] under subsection (1) above,
[F58the Executive] shall issue a notice in writing—
(a) identifying the code in question and stating the date on which its approval by
[F58the Executive] is to take effect; and
(b) specifying for which of the provisions mentioned in subsection (1) above the
code is approved.
(4) [F58The Executive] may—
(a) from time to time revise the whole or any part of any code of practice prepared
by it in pursuance of this section;
(b) approve any revision or proposed revision of the whole or any part of any
code of practice for the time being approved under this section;
and the provisions of subsections (2) and (3) above shall, with the necessary
modifications, apply in relation to the approval of any revision under this subsection as
they apply in relation to the approval of a code of practice under subsection (1) above.
(5) [F58The Executive] may at any time with the consent of the Secretary of State withdraw
its approval from any code of practice approved under this section, but before seeking
his consent shall consult the same government departments and other bodies as it
would be required to consult under subsection (2) above if it were proposing to approve
the code.
(6) Where under the preceding subsection [F58the Executive] withdraws its approval from
a code of practice approved under this section, [F58the Executive] shall issue a notice
in writing identifying the code in question and stating the date on which its approval
of it is to cease to have effect.
(7) References in this Part to an approved code of practice are references to that code as
it has effect for the time being by virtue of any revision of the whole or any part of
it approved under this section.
(8) The power of [F58the Executive] under subsection (1)(b) above to approve a code of
practice issued or proposed to be issued otherwise than by [F58the 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.
Extent Information
Textual Amendments
F58 Words in s. 16 substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order

1996/1513, reg. 10
regs. 7, 9
C112 Ss. 16-21 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1), (2), (3)
2009/1750, art. 2(3))
17 Use of approved codes of practice in criminal proceedings.

(1) A failure on the part of any person to observe any provision of an approved code of
practice shall not of itself render him liable to any civil or criminal proceedings; but
where in any criminal proceedings a party is alleged to have committed an offence by
reason of a contravention of any requirement or prohibition imposed by or under any
such provision as is mentioned in section 16(1) being a provision for which there was
an approved code of practice at the time of the alleged contravention, the following
subsection shall have effect with respect to that code in relation to those proceedings.
(2) Any provision of the code of practice which appears to the court to be relevant to the
requirement or prohibition alleged to have been contravened shall be admissible in
evidence in the proceedings; and if it is proved that there was at any material time a
failure to observe any provision of the code which appears to the court to be relevant
to any matter which it is necessary for the prosecution to prove in order to establish a
contravention of that requirement or prohibition, that matter shall be taken as proved
unless the court is satisfied that the requirement or prohibition was in respect of that
matter complied with otherwise than by way of observance of that provision of the
code.
(3) In any criminal proceedings—
(a) a document purporting to be a notice issued by [F63the Executive] under
section 16 shall be taken to be such a notice unless the contrary is proved; and
(b) a code of practice which appears to the court to be the subject of such a notice
shall be taken to be the subject of that notice unless the contrary is proved.
Textual Amendments

2011/745), arts. 1(1), 3(2))
1996/1513, reg. 10
regs. 7, 9
C119 Ss. 16-21 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(a), (2)(3)
2009/1750, art. 2(3))
Enforcement
18 Authorities responsible for enforcement of the relevant statutory provisions.

(1) It shall be the duty of the Executive to make adequate arrangements for the
enforcement of the relevant statutory provisions except to the extent that some other
authority or class of authorities is by any of those provisions or by regulations under
subsection (2) below made responsible for their enforcement.
[F64(1A) 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)).
(1B) Subsection (1A) is subject to any provision of health and safety regulations making
the [F65Office of Rail and Road] responsible for the enforcement of any of the relevant
statutory provisions to any extent in relation to such sites.]
(2) The Secretary of State may by regulations—
[F66(za) 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);]
(a) make local authorities responsible for the enforcement of the relevant
statutory provisions to such extent as may be prescribed;
(b) make provision for enabling responsibility for enforcing any of the relevant
statutory provisions to be, to such extent as may be determined under the
regulations—
[F67(zi) 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;]
(i) transferred from the Executive to local authorities or from local
authorities to the Executive; or
(ii) assigned to the Executive [F68, to the Office for Nuclear Regulation
]or to local authorities for the purpose of removing any uncertainty as
to what are by virtue of [F69subsection (1A) or ]this subsection their
respective responsibilities for the enforcement of those provisions;
[ (iii) assigned to the [F65Office of Rail and Road] or the Office for Nuclear
F70
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;]
and any regulations made in pursuance of paragraph (b) above shall include provision
for securing that any transfer or assignment effected under the regulations is brought
to the notice of persons affected by it.
(3) Any provision made by regulations under the preceding subsection shall have effect
subject to any provision made by health and safety regulations F71. . . in pursuance of
section 15(3)(c).
[F72(3A) 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.]
[F72( 3B ) 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.]
(4) It shall be the duty of every local authority—
(a) to make adequate arrangements for the enforcement within their area of
the relevant statutory provisions to the extent that they are by any of those
provisions or by regulations under subsection (2) above made responsible for

their enforcement; and
(b) to perform the duty imposed on them by the preceding paragraph and any
other functions conferred on them by any of the relevant statutory provisions
in accordance with such guidance as [F73the Executive] may give them.
[F74(4A) Before the Executive gives guidance under subsection (4)(b) it shall consult the local
authorities.
(4B) It shall be the duty of the Executive and the local authorities—
(a) to work together to establish best practice and consistency in the enforcement
of the relevant statutory provisions;
(b) to enter into arrangements with each other for securing cooperation and the
exchange of information in connection with the carrying out of their functions
with regard to the relevant statutory provisions; and
(c) from time to time to review those arrangements and to revise them when they
consider it appropriate to do so.]
(5) Where any authority other than F71. . ., the Executive [F75 the Office for Nuclear
Regulation ] or a local authority is by any of the relevant statutory provisions F76. . .
made responsible for the enforcement of any of those provisions to any extent, it shall
be the duty of that authority—
(a) to make adequate arrangements for the enforcement of those provisions to
that extent; and
(b) [F77except where that authority is the [F65Office 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 [F78the Executive] may give to the
authority.
(6) Nothing in the provisions of this Act or of any regulations made thereunder charging
any person in Scotland with the enforcement of any of the relevant statutory provisions
shall be construed as authorising that person to institute proceedings for any offence.
(7) In this Part—
(a) “enforcing authority” means the Executive or any other authority which is by
any of the relevant statutory provisions or by regulations under subsection (2)
above made responsible for the enforcement of any of those provisions to any
extent; and
(b) any reference to an enforcing authority’s field of responsibility is a reference
to the field over which that authority’s responsibility for the enforcement of
those provisions extends for the time being;
but where by virtue of [F79subsection (3) of section 13][F80 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 F81. . . the Executive [F82or
the Office for Nuclear Regulation ] is delegated to a government department or person,
references to F81. . . the Executive [F83or 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 [F84or 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.
Textual Amendments
2014/251, art. 4
F65 Words in s. 18 substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name)
Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(c)(ii)
F66 S. 18(2)(za) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 6(3)(a); S.I.
2014/251, art. 4
F67 S. 18(2)(b)(zi) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 6(3)(b); S.I.
2014/251, art. 4
F68 Words in s. 18(2)(b)(ii) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 6(3)
(c)(i); S.I. 2014/251, art. 4
F69 Words in s. 18(2)(b)(ii) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 6(3)
(c)(ii); S.I. 2014/251, art. 4
F70 S. 18(2)(b)(iii) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 6(3)(d); S.I.
2014/251, art. 4
F72 s. 18(3A)(3B) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 6(4); S.I.
2014/251, art. 4
F74 S. 18(4A)(4B) inserted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order
2008 (S.I. 2008/960), art. 10(3) (with art. 21, Sch. 2)
F75 Words in s. 18(5) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 6(5); S.I.
2014/251, art. 4
F76 Words in s. 18(5) repealed (8.6.2005) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with s.
14(4)(5), Sch. 11 para. 11(2)); S.I. 2005/1444, art. 2, Sch. 1
F77 Words in s. 18(5)(b) inserted (1.4.2006) by Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para. 10(3);
S.I. 2006/266, art. 2(2), Sch.
F80 Words in s. 18(7) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 6(6)(a); S.I.
2014/251, art. 4
F81 Words in s. 18(7) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety
Executive) Order 2008 (S.I. 2008/960), art. 10(5)(c) (with art. 21, Sch. 2)
F82 Words in s. 18(7) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 6(6)(b); S.I.
2014/251, art. 4
F83 Words in s. 18(7) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 6(6)(c); S.I.
2014/251, art. 4
F84 Words in s. 18(7) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 6(6)(d);
S.I. 2014/251, art. 4

2011/745), arts. 1(1), 3(2))
1996/1513, reg. 10
regs. 7, 9
Ss. 18-20: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(b), 5 (with s. 3(5))
Ss. 18-27, 33(1)(e)-(i)(n)(o)(2)-(4), 34(2)-(6), 36(1), 37-42, 46 applied (with modifications) (E.W.S.)
(16.4.1996) by S.I. 1996/772, reg. 17
C123 S. 18 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)-(3)
S. 18 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(a)
S. 18 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)
C124 Ss. 18-26 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)
C126 S. 18 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17
2009/1750, art. 2(3))
C128 Ss. 18-26 applied (with modifications) (E.W.S.) (1.9.2013) by The Biocidal Products and Chemicals
(Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(1), 8(1)
(with reg. 3(4), (5), 8(2)-(7), 31)
(with reg. 3(4)(5)31)
C131 S. 18(1) applied (with modifications) (1.4.1999) (with savings) by S.I. 1999/743, reg. 20(3)(4)
C132 S. 18(1) applied (with modifications) (E.W.S.) (1.6.2015) by The Control of Major Accident Hazards
Regulations 2015 (S.I. 2015/483), regs. 1(1), 27(2)(b) (with regs. 3(2), 27(3))
C133 S. 18(1) applied (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety Case
etc.) Regulations 2015 (S.I. 2015/398), regs. 1, 36(9) (with reg. 4(2), Sch. 14)
C134 S. 18(1) applied (E.W.S.) (19.7.2015) by The Offshore Installations (Offshore Safety Directive)
(Safety Case etc.) Regulations 2015 (S.I. 2015/398), regs. 1, 36(3) (with reg. 4(2), Sch. 14)
C135 S. 18(3B) applied (with modifications) (E.W.S.) (1.6.2015) by The Control of Major Accident Hazards
Regulations 2015 (S.I. 2015/483), regs. 1(1), 27(2)(a) (with regs. 3(2), 27(3))
C136 S. 18(6) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
C137 Ss. 18(6)(7)(b), 19-22, 23(1)(2)(5), 24-26, 33(1)(e)-(h)(o)(2)(2A)(3)(4)(e), 34(3)-(5), 35, 36(1)(2),
37-39, 42 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C138 S. 18(7) applied by Fire Precautions Act 1971 (c. 40, SIF 50), s. 21(3) as inserted by Fire Safety and
Safety of Places of Sport Act 1987 (c. 27, SIF 50), s. 11
C139 S. 18(7)(b) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
19 Appointment of inspectors.
(1) Every enforcing authority may appoint as inspectors (under whatever title it may
from time to time determine) such persons having suitable qualifications as it thinks
necessary for carrying into effect the relevant statutory provisions within its field of
responsibility, and may terminate any appointment made under this section.
(2) Every appointment of a person as an inspector under this section shall be made by
an instrument in writing specifying which of the powers conferred on inspectors by
the relevant statutory provisions are to be exercisable by the person appointed; and an
inspector shall in right of his appointment under this section—
(a) be entitled to exercise only such of those powers as are so specified; and
(b) be entitled to exercise the powers so specified only within the field of
responsibility of the authority which appointed him.
(3) So much of an inspector’s instrument of appointment as specifies the powers which he
is entitled to exercise may be varied by the enforcing authority which appointed him.
(4) An inspector shall, if so required when exercising or seeking to exercise any power
conferred on him by any of the relevant statutory provisions, produce his instrument
of appointment or a duly authenticated copy thereof.

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31)
(with reg. 3(4)(5)31)
C140 S. 19 applied by S.I. 1989/840, arts. 2-10
C141 S. 19 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)
S. 19 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
S. 19 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 19 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
S. 19: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(b), 5 (with s. 3(5))
S. 19 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
S. 19 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b);
S. 19 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para.
1(a)(b)
C142 S. 19 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
S. 19 restricted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(3) (with ss. 7(6), 115,
117); S.I. 1996/186, art. 3

C143 S. 19 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(2)(3)
S. 19 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a) S. 19 applied (31.3.2002) by S.I.
2002/528, reg. 10
S. 19 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)
C144 S. 19 applied (12.4.1999) by S.I. 1999/743, reg. 22(7)
C145 S. 19 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)
C146 S. 19 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)
C147 S. 19 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as
amended by S.I. 2009/1750, art. 2(2)(4))
C148 S. 19 applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003 otherwise)
by S.I. 2003/403, regs. 1(2), 23(2)(a)(3); ss. 19-22 applied (with modifications) (E.W.S.) (3.5.2004) by
S.I. 2004/129, reg. 23(3)(a); s. 19 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309,
reg. 17; s. 19 applied (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6); ss. 19-22 applied
(2.4.2006) by S.I. 2006/397, reg. 34
C149 S. 19 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art.
1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)
(a) (subject to (4)-(6)) (with art. 7)
2009/1750, art. 2(3))
C151 S. 19 applied (with modifications) (E.W.S.) (6.4.2010) by The Rail Vehicle Accessibility (Non-
Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(a)
C152 S. 19 applied (with modifications) (E.W.S.) (6.4.2010) by The Train Driving Licences and Certificates
Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(a)
C153 Ss. 19-28 applied (with modifications) (E.W.S.) (4.7.2010 for certain purposes and otherwise 4.7.2013)
by The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), regs. 1, 18, 37(1), {Sch. 4
paras. 1, 2}
C154 S. 19 applied (with modifications) (16.1.2012) by The Railways (Interoperability) Regulations 2011
(S.I. 2011/3066), regs. 1(2), 39(2)(3)(a) (with reg. 3)
C155 Ss. 19, 20 applied (1.3.2014) by The Biocidal Products and Chemicals (Appointment of Authorities
and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(4), 19 (with reg. 3(4)(5)31)
C156 Ss. 19-28 applied (with modifications) (E.W.S.) (1.10.2014) by The Explosives Regulations 2014 (S.I.
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
C157 S. 19 applied (with modifications) (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations 2015
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(b), 2
C158 Ss. 19-28 applied (with modifications) by S.I. 2014/1638, Sch. 12 paras. 5-7 (as substituted (E.W.S.)
(20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), reg.
1, Sch. 1 (with regs. 2(1), 15))
C159 S. 19 applied (with modifications) (8.12.2016) by The Electrical Equipment (Safety) Regulations 2016
(S.I. 2016/1101), reg. 1, Sch. 4 paras. 1, 2 (with reg. 3)
C160 S. 19 applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(a), 2 (with reg. 3)
C161 S. 19 applied (with modifications) (8.12.2016) by The Lifts Regulations 2016 (S.I. 2016/1093), reg. 1,
Sch. 8 paras. 1(b), 2 (with regs. 3-5)
C162 S. 19 applied (with modifications) (8.12.2016) by The Pressure Equipment (Safety) Regulations 2016
(S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(a), 2 (with reg. 88)
C163 S. 19 applied (with modifications) (E.W.S.) (8.12.2016) by The Equipment and Protective Systems
Intended for Use in Potentially Explosive Atmospheres Regulations 2016 (S.I. 2016/1107), reg. 1(1),
Sch. 4 para. 1(a)
C164 S. 19 applied (with modifications) (21.4.2018) by The Personal Protective Equipment (Enforcement)
Regulations 2018 (S.I. 2018/390), reg. 1(1), Sch. 2 (with reg. 2(1)-(3))
C165 S. 19 applied (with modifications) (21.4.2018) by The Gas Appliances (Enforcement) and
Miscellaneous Amendments Regulations 2018 (S.I. 2018/389), reg. 1(1), Sch. 2 (with reg. 2)
C166 Ss. 19-22 applied (with modifications) (30.7.2018) by The Cableway Installations Regulations 2018
(S.I. 2018/816), regs. 1, 21(1)-(3) (with reg. 4)
C167 S. 19(2)(3) excluded (E.W.S.) (15.2.1999) by 1998 c. 17, s. 8(2)(c), (with s. 9(1)(2), Sch. 3 para. 5);
S.I. 1999/161, art. 2(1)(2)
20 Powers of inspectors.
(1) Subject to the provisions of section 19 and this section, an inspector may, for the
purpose of carrying into effect any of the relevant statutory provisions within the field
of responsibility of the enforcing authority which appointed him, exercise the powers
set out in subsection (2) below.
(2) The powers of an inspector referred to in the preceding subsection are the following,
namely—
(a) at any reasonable time (or, in a situation which in his opinion is or may be
dangerous, at any time) to enter any premises which he has reason to believe
it is necessary for him to enter for the purpose mentioned in subsection (1)
above;
(b) to take with him a constable if he has reasonable cause to apprehend any
serious obstruction in the execution of his duty;
(c) without prejudice to the preceding paragraph, on entering any premises by
virtue of paragraph (a) above to take with him—
(i) any other person duly authorised by his (the inspector’s) enforcing
authority; and
(ii) any equipment or materials required for any purpose for which the
power of entry is being exercised;
(d) to make such examination and investigation as may in any circumstances be
necessary for the purpose mentioned in subsection (1) above;
(e) as regards any premises which he has power to enter, to direct that
those premises or any part of them, or anything therein, shall be left
undisturbed (whether generally or in particular respects) for so long as is
reasonably necessary for the purpose of any examination or investigation
under paragraph (d) above;
(f) to take such measurements and photographs and make such recordings as he
considers necessary for the purpose of any examination or investigation under
paragraph (d) above;
(g) to take samples of any articles or substances found in any premises which he
has power to enter, and of the atmosphere in or in the vicinity of any such
premises;
(h) in the case of any article or substance found in any premises which he has
power to enter, being an article or substance which appears to him to have
caused or to be likely to cause danger to health or safety, to cause it to
be dismantled or subjected to any process or test (but not so as to damage
or destroy it unless this is in the circumstances necessary for the purpose
mentioned in subsection (1) above);
(i) in the case of any such article or substance as is mentioned in the preceding
paragraph, to take possession of it and detain it for so long as is necessary for
all or any of the following purposes, namely—
(i) to examine it and do to it anything which he has power to do under

that paragraph;
(ii) to ensure that it is not tampered with before his examination of it is
completed;
(iii) to ensure that it is available for use as evidence in any proceedings
for an offence under any of the relevant statutory provisions or any
proceedings relating to a notice under section 21 or 22;
(j) to require any person whom he has reasonable cause to believe to be able
to give any information relevant to any examination or investigation under
paragraph (d) above to answer (in the absence of persons other than a person
nominated by him to be present and any persons whom the inspector may
allow to be present) such questions as the inspector thinks fit to ask and to
sign a declaration of the truth of his answers;
(k) to require the production of, inspect, and take copies of or of any entry in—
(i) any books or documents which by virtue of any of the relevant
statutory provisions are required to be kept; and
(ii) any other books or documents which it is necessary for him to see for
the purposes of any examination or investigation under paragraph (d)
above;
(l) to require any person to afford him such facilities and assistance with respect
to any matters or things within that person’s control or in relation to which that
person has responsibilities as are necessary to enable the inspector to exercise
any of the powers conferred on him by this section;
(m) any other power which is necessary for the purpose mentioned in
subsection (1) above.
(3) The Secretary of State may by regulations make provision as to the procedure to
be followed in connection with the taking of samples under subsection (2)(g) above
(including provision as to the way in which samples that have been so taken are to
be dealt with).
(4) Where an inspector proposes to exercise the power conferred by subsection (2)(h)
above in the case of an article or substance found in any premises, he shall, if so
requested by a person who at the time is present in and has responsibilities in relation
to those premises, cause anything which is to be done by virtue of that power to be
done in the presence of that person unless the inspector considers that its being done
in that person’s presence would be prejudicial to the safety of the State.
(5) Before exercising the power conferred by subsection (2)(h) above in the case of
any article or substance, an inspector shall consult such persons as appear to him
appropriate for the purpose of ascertaining what dangers, if any, there may be in doing
anything which he proposes to do under that power.
(6) Where under the power conferred by subsection (2)(i) above an inspector takes
possession of any article or substance found in any premises, he shall leave there, either
with a responsible person or, if that is impracticable, fixed in a conspicuous position, a
notice giving particulars of that article or substance sufficient to identify it and stating
that he has taken possession of it under that power; and before taking possession of
any such substance under that power an inspector shall, if it is practicable for him to
do so, take a sample thereof and give to a responsible person at the premises a portion
of the sample marked in a manner sufficient to identify it.
(7) No answer given by a person in pursuance of a requirement imposed under

subsection (2)(j) above shall be admissible in evidence against that person or the
[F85spouse or civil partner] of that person in any proceedings.
(8) Nothing in this section shall be taken to compel the production by any person of a
document of which he would on grounds of legal professional privilege be entitled
to withhold production on an order for discovery in an action in the High Court or,
as the case may be, on an order for the production of documents in an action in the
Court of Session.
Textual Amendments
F85 Words in s. 20(7) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch.
27 para. 49; S.I. 2005/3175, art. 2(2)

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31)
(with reg. 3(4)(5)31)
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
1, Sch. 1 (with regs. 2(1), 15))
(S.I. 2018/816), regs. 1, 21(1)-(3) (with reg. 4)
S. 20: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(b), 5 (with s. 3(5))
S. 20 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)
1(a)(b)
C169 S. 20 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 para. 6(4)
S. 20 applied (E.W.S.) (15.12.1999) by 1998 c. 17, s. 8(1), (with s. 9(1)(2), Sch. 3 para. 5(1)); S.I.
1999/161, art. 2(1)(2)
C172 S. 20 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1), (2)(3)
amended by S.I. 2009/1750, art. 2(2)(4))
by S.I. 2003/403, regs. 1(2), 23(2)(a)(3); s. 19-22 applied (with modifications) (E.W.S.) (3.5.2004) by
S.I. 2004/129, reg. 23(3)(a); s. 20 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309,
reg. 17; s. 20 applied (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6); ss. 19-22 applied
(2.4.2006) by S.I. 2006/397, reg. 34
(a) (subject to (4)-(6)) (with art. 7)
2009/1750, art. 2(3))
C179 S. 20 applied in part (with modifications) (E.W.S.) (6.4.2010) by The Rail Vehicle Accessibility (Non-
Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(a)
C180 S. 20 applied in part (with modifications) (E.W.S.) (6.4.2010) by The Train Driving Licences and
Certificates Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(a)
paras. 1, 2}
(S.I. 2011/3066), regs. 1(2), 39(2)(3)(a) (with reg. 3)
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(c), 2
Sch. 4 para. 1(b)
(S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(b), 2 (with reg. 88)
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(b), 2 (with reg. 3)
Sch. 8 paras. 1(c), 2 (with regs. 3-5)
21 Improvement notices.
If an inspector is of the opinion that a person—
(a) is contravening one or more of the relevant statutory provisions; or
(b) has contravened one or more of those provisions in circumstances that make
it likely that the contravention will continue or be repeated,
he may serve on him a notice (in this Part referred to as “an improvement notice”)
stating that he is of that opinion, specifying the provision or provisions as to which
he is of that opinion, giving particulars of the reasons why he is of that opinion, and
requiring that person to remedy the contravention or, as the case may be, the matters
occasioning it within such period (ending not earlier than the period within which an
appeal against the notice can be brought under section 24) as may be specified in the
notice.

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31)
(with reg. 3(4)(5)31)
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
1, Sch. 1 (with regs. 2(1), 15))
(S.I. 2018/816), regs. 1, 21(1)-(3) (with reg. 4)
C191 S. 21applied by S.I. 1989/840, arts. 2-10
S. 21: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(c), 5 (with s. 3(5))
1(a)(b)
C192 S. 21 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6, para. 1(b)
S. 21 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 13(1)
C193 S. 21 modified (6.4.1992) by S.I.1992/711, reg. 28(3)(b)(5)(a)

S. 21 modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(4) (with ss. 7(6), 115,
117); S.I. 1996/186, art. 3
C194 S. 21 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)-(3)
amended by S.I. 2009/1750, art. 2(2)(4))
C199 S. 19-22 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(a) ; s. 21
applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17; ss. 19-22 applied
(2.4.2006) by S.I. 2006/397, reg. 34
(b) (subject to (4)-(6)) (with art. 7)
2009/1750, art. 2(3))
Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(b)
Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(b)
paras. 1, 2}
(S.I. 2011/3066), regs. 1(2), 39(2)(3)(b) (with reg. 3)
C206 S. 21 applied (1.3.2014) by The Biocidal Products and Chemicals (Appointment of Authorities and
Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(4), 19 (with reg. 3(4)(5)31)
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(d), 2
Sch. 4 para. 1(c)
(S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(c), 2 (with reg. 88)
Sch. 8 paras. 1(d), 2 (with regs. 3-5)
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(c), 2 (with reg. 3)
22 Prohibition notices.
(1) This section applies to any activities which are being or are [F86likely] to be carried on
by or under the control of any person, being activities to or in relation to which any of
the relevant statutory provisions apply or will, if the activities are so carried on, apply.
(2) If as regards any activities to which this section applies an inspector is of the opinion
that, as carried on or [F86likely] to be carried on by or under the control of the person
in question, the activities involve or, as the case may be, will involve a risk of serious
personal injury, the inspector may serve on that person a notice (in this Part referred
to as “a prohibition notice”).
(3) A prohibition notice shall—
(a) state that the inspector is of the said opinion;
(b) specify the matters which in his opinion give or, as the case may be, will give
rise to the said risk;
(c) where in his opinion any of those matters involves or, as the case may be, will
involve a contravention of any of the relevant statutory provisions, state that
he is of that opinion, specify the provision or provisions as to which he is of
that opinion, and give particulars of the reasons why he is of that opinion; and
(d) direct that the activities to which the notice relates shall not be carried on by or
under the control of the person on whom the notice is served unless the matters
specified in the notice in pursuance of paragraph (b) above and any associated
contraventions of provisions so specified in pursuance of paragraph (c) above
have been remedied.
[F87(4) A direction contained in a prohibition notice in pursuance of subsection (3)(d) above
shall take effect—
(a) at the end of the period specified in the notice; or
(b) if the notice so declares, immediately.]
Textual Amendments
F86 Word substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 2(a)
F87 S. 22(4) substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 2(b)

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31)
(with reg. 3(4)(5)31)
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
1, Sch. 1 (with regs. 2(1), 15))
(S.I. 2018/816), regs. 1, 21(1)-(3) (with reg. 4)
1(a)(b)
S. 21 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 13(1)
117); S.I. 1996/186, art. 3
amended by S.I. 2009/1750, art. 2(2)(4))
C221 S. 19-22 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(a); s. 22
applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17; ss. 19-22 applied
(2.4.2006) by S.I. 2006/397, reg. 34
(b) (subject to (4)-(6)) (with art. 7)
2009/1750, art. 2(3))
Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(b)
Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(b)
paras. 1, 2}
(S.I. 2011/3066), regs. 1(2), 39(2)(3)(b) (with reg. 3)
C228 S. 22 applied (E.W.S.) (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety
Case etc.) Regulations 2015 (S.I. 2015/398), regs. 1, 36(7) (with reg. 4(2), Sch. 14)
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(e), 2
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(d), 2 (with reg. 3)
(S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(d), 2 (with reg. 88)
Sch. 4 para. 1(d)
Sch. 8 paras. 1(e), 2 (with regs. 3-5)
23 Provisions supplementary to ss. 21 and 22. E+W

(1) In this section “a notice” means an improvement notice or a prohibition notice.
(2) A notice may (but need not) include directions as to the measures to be taken to remedy
any contravention or matter to which the notice relates; and any such directions—
(a) may be framed to any extent by reference to any approved code of practice;
and
(b) may be framed so as to afford the person on whom the notice is served a choice
between different ways of remedying the contravention or matter.
(3) Where any of the relevant statutory provisions applies to a building or any matter
connected with a building and an inspector proposes to serve an improvement notice
relating to a contravention of that provision in connection with that building or matter,
the notice shall not direct any measures to be taken to remedy the contravention of
that provision which are more onerous than those necessary to secure conformity with
the requirements of any building regulations for the time being in force to which that
building or matter would be required to conform if the relevant building were being
newly erected unless the provision in question imposes specific requirements more
onerous than the requirements of any such building regulations to which the building
or matter would be required to conform as aforesaid.
In this subsection “the relevant building”, in the case of a building, means that building,
and, in the case of a matter connected with a building, means the building with which
the matter is connected.
(4) Before an inspector serves in connection with any premises used or about to be used as
a place of work a notice requiring or likely to lead to the taking of measures affecting
the means of escape in case of fire with which the premises are or ought to be provided,
he shall consult the [F88fire and rescue authority] .
In this subsection [F88fire and rescue authority][F89, in relation to premises, means—
(a) where the Regulatory Reform (Fire Safety) Order 2005 applies to the
premises, the enforcing authority within the meaning given by article 25 of
that Order;
(b) in any other case, the fire and rescue authority under the Fire and Rescue
Services Act 2004 for the area where the premises are (or are to be) situated.]
(5) Where an improvement notice or a prohibition notice which is not to take immediate
effect has been served—
(a) the notice may be withdrawn by an inspector at any time before the end of
the period specified therein in pursuance of section 21 or section 22(4) as the
case may be; and
(b) the period so specified may be extended or further extended by an inspector
at any time when an appeal against the notice is not pending.
(6) In the application of this section to Scotland—
(a) in subsection (3) for the words from “with the requirements” to “aforesaid”
there shall be substituted the words—
“(a) to any provisions of the building standards regulations to
which that building or matter would be required to conform
if the relevant building were being newly erected; or
(b) where the sheriff, on an appeal to him under section 16 of the
Building (Scotland) Act 1959—
(i) against an order under section 10 of that Act
requiring the execution of operations necessary to
make the building or matter conform to the building
standards regulations, or
(ii) against an order under section 11 of that Act
requiring the building or matter to conform to a
provision of such regulations,
has varied the order, to any provisions of the building
standards regulations referred to in paragraph (a) above as
affected by the order as so varied,
unless the relevant statutory provision imposes specific requirements more

onerous than the requirements of any provisions of building standards
regulations as aforesaid or, as the case may be, than the requirements of the
order as varied by the sheriff. ”;
(b) after subsection (5) there shall be inserted the following subsection—
“(5A) In subsection (3) above ”building standards regulations’ has the same
meaning as in section 3 of the Building (Scotland) Act 1959.”.
Extent Information
E5 This version of this provision extends to England Wales only; separate versions have been created for
Northern Ireland only and Scotland only
Textual Amendments
F88 Words in s. 23(4) substituted (E.W.) (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue
Services Act 2004 (c. 21), s. 53, Sch. 1 para. 44; S.I. 2004/2304, art. 2, (with art. 3); S.I. 2004/2917,
art. 2
F89 S. 23(4)(a)(b) and preceding words substituted (E.W.) (1.4.2006) for words by The Regulatory Reform
(Fire Safety) Order 2005 (S.I. 2005/1541), art. 53(1), Sch. 2 para. 9, (with art. 49)

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31)
(with reg. 3(4)(5)31)
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
1, Sch. 1 (with regs. 2(1), 15))
S. 23 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9 S. 23 extended
(E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
1(a)(b) Ss. 23 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
Ss. 23 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)
C238 S. 23 applied (with modifications) (1.1.1993) by S.I.1992/3073, reg. 28, Sch. 6 para. 1(b)
C239 Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
117); S.I. 1996/186, art. 3
C240 S. 23 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(b), (2)(3)
C241 Ss. 23 extended (19.11.1999) by S.I. 1999/2892, reg. 16(1)
amended by S.I. 2009/1750, art. 2(2)(4))
C244 S. 23 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(b)
C245 S. 23 applied (with modifications) (3.5.2004) by The Cableway Installations Regulations 2004 (S.I.
2004/129), reg. 23(3)(b)
C246 S. 23 applied (with modifications) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 23 applied (E.W.S)
(2.4.2006) by S.I. 2006/397, reg. 34
(c) (subject to (4)-(6)) (with art. 7)
2009/1750, art. 2(3))
Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(c)
Certificates Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(c)
paras. 1, 2}
(S.I. 2011/3066), regs. 1(2), 39(2)(3)(c) (with reg. 3)
C254 S. 23 applied (with modifications) (E.W.S.) (1.6.2015) by The Control of Major Accident Hazards
C255 S. 23 applied (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.)
Regulations 2015 (S.I. 2015/398), regs. 1, 36(8)(b) (with reg. 4(2), Sch. 14)
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(f), 2
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(e), 2 (with reg. 3)
Sch. 4 para. 1(e)
Sch. 8 paras. 1(f), 2 (with regs. 3-5)
(S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(e), 2 (with reg. 88)
2018/816), regs. 1, 21(1)-(3) (with reg. 4)
C266 S. 23(1) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C268 S. 23(4) applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(5)
23 Provisions supplementary to ss. 21 and 22. N.I.

and
he shall consult the fire authority.
In this subsection “fire authority” has the meaning assigned by section 43(1) of the
M31
Fire Precautions Act 1971.
case may be; and

Extent Information
E12 This version of this provision extends to Northern Ireland only; separate versions have been created for

2011/745), arts. 1(1), 3(2))
(with reg. 3(4)(5)31)
1, Sch. 1 (with regs. 2(1), 15))
2004/129), reg. 23(3)(b)
(2.4.2006) by S.I. 2006/397, reg. 34
2009/1750, art. 2(3))
(S.I. 2011/3066), regs. 1(2), 39(2)(3)(c) (with reg. 3)
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(f), 2
2018/816), regs. 1, 21(1)-(3) (with reg. 4)

1(a)(b)
117); S.I. 1996/186, art. 3
C833 S. 23 extended (19.11.1999) by S.I. 1999/2892, reg. 16(1)
amended by S.I. 2009/1750, art. 2(2)(4))
Marginal Citations
M31 1971 c. 40.
23 Provisions supplementary to ss. 21 and 22. S

and
he shall consult
[F324(a)
where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the premises,
the enforcing authority (as defined in section 61(9) of that Act);
(b) in any other case, the[F325Scottish Fire and Rescue Service].]
case may be; and

Extent Information
E13 This version of this provision extends to Scotland only; separate versions have been created for
England and Wales only and Northern Ireland only
Textual Amendments
F324 By The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.I.
2006/475), art. 2(1), Sch. 1 para. 6 it is provided (1.10.2006) that in s. 23(4) for the words from "the
authority" to the end there is substituted (S.) s. 23(4)(a)(b)
F325 Words in s. 23(4)(b) substituted (S.) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp
8), s. 129(2), Sch. 7 para. 49; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I.
2013/121)

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31)
(with reg. 3(4)(5)31)
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
1, Sch. 1 (with regs. 2(1), 15))
S. 23 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9 S. 23 extended
(E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
1(a)(b) Ss. 23 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
Ss. 23 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)
C241 Ss. 23 extended (19.11.1999) by S.I. 1999/2892, reg. 16(1)
amended by S.I. 2009/1750, art. 2(2)(4))
2004/129), reg. 23(3)(b)
(2.4.2006) by S.I. 2006/397, reg. 34
2009/1750, art. 2(3))
Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(c)
(S.I. 2011/3066), regs. 1(2), 39(2)(3)(c) (with reg. 3)
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(f), 2
Sch. 4 para. 1(e)
2018/816), regs. 1, 21(1)-(3) (with reg. 4)
1(a)(b)
S. 23 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37
C841 Ss. 19-28 applied (with modifications) (1.1.1993) by S.I.1992/3073, reg. 28, Sch. 6 para. 1(b)
Ss. 21-23 modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(4) (with ss. 7(6),
115, 117); S.I. 1996/186, art. 3
C843 Ss. 19-28 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)
(c) (subject to (4)-(6)) (with art. 7)
Certificates Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(c)
paras. 1, 2}
24 Appeal against improvement or prohibition notice.

(2) A person on whom a notice is served may within such period from the date of its
service as may be prescribed appeal to an [F90employment tribunal]; and on such an
appeal the tribunal may either cancel or affirm the notice and, if it affirms it, may do
so either in its original form or with such modifications as the tribunal may in the
circumstances think fit.
(3) Where an appeal under this section is brought against a notice within the period
allowed under the preceding subsection, then—
(a) in the case of an improvement notice, the bringing of the appeal shall have
the effect of suspending the operation of the notice until the appeal is finally
disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal;
(b) in the case of a prohibition notice, the bringing of the appeal shall have the
like effect if, but only if, on the application of the appellant the tribunal so
directs (and then only from the giving of the direction).
(4) One or more assessors may be appointed for the purposes of any proceedings brought
before an [F90employment tribunal] under this section.
Textual Amendments
F90 Words in s. 24(2)(4) substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art.
2(1), Sch. 1

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31)
(with reg. 3(4)(5)31)
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
1, Sch. 1 (with regs. 2(1), 15))

1(a)(b) S. 24 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C274 S. 24 excluded (1.4.1999) by S.I. 1999/743, reg. 22(6)(c)
amended by S.I. 2009/1750, art. 2(2)(4))
C279 S. 24 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(b); s. 24 applied
(with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 24 applied (2.4.2006) by S.I.
2006/397, reg. 34
(d) (subject to (4)-(6)) (with art. 7)
2009/1750, art. 2(3))
Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(d)
Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(d)
paras. 1, 2}
(S.I. 2011/3066), regs. 1(2), 39(2)(3)(d) (with reg. 3)
C286 S. 24 applied (E.W.S.) (1.6.2015) by The Control of Major Accident Hazards Regulations 2015 (S.I.
2015/483), regs. 1(1), 23(6) (with reg. 3(2))
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(g), 2
Sch. 8 paras. 1(g), 2 (with regs. 3-5)
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(f), 2 (with reg. 3)
Sch. 4 para. 1(f)
(S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(f), 2 (with reg. 88)
2018/816), regs. 1, 21(1)-(3) (with reg. 4)
25 Power to deal with cause of imminent danger.

(1) Where, in the case of any article or substance found by him in any premises which
he has power to enter, an inspector has reasonable cause to believe that, in the
circumstances in which he finds it, the article or substance is a cause of imminent
danger of serious personal injury, he may seize it and cause it to be rendered harmless
(whether by destruction or otherwise).
(2) Before there is rendered harmless under this section—
(a) any article that forms part of a batch of similar articles; or
(b) any substance,
the inspector shall, if it is practicable for him to do so, take a sample thereof and give
to a responsible person at the premises where the article or substance was found by
him a portion of the sample marked in a manner sufficient to identify it.
(3) As soon as may be after any article or substance has been seized and rendered
harmless under this section, the inspector shall prepare and sign a written report giving
particulars of the circumstances in which the article or substance was seized and so
dealt with by him, and shall—
(a) give a signed copy of the report to a responsible person at the premises where
the article or substance was found by him; and
(b) unless that person is the owner of the article or substance, also serve a signed
copy of the report on the owner;
and if, where paragraph (b) above applies, the inspector cannot after reasonable
enquiry ascertain the name or address of the owner, the copy may be served on him
by giving it to the person to whom a copy was given under the preceding paragraph.

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31)
(with reg. 3(4)(5)31)
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
1, Sch. 1 (with regs. 2(1), 15))
S. 25: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(d), 5 (with s. 3(5))
1(a)(b)
C298 Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)
amended by S.I. 2009/1750, art. 2(2)(4))
(e) (subject to (4)-(6)) (with art. 7)
2009/1750, art. 2(3))
paras. 1, 2}
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(h), 2
(S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(g), 2 (with reg. 88)
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(g), 2 (with reg. 3)
Sch. 4 para. 1(g)
Sch. 8 paras. 1(h), 2 (with regs. 3-5)
[F91 25A Power of customs officer to detain articles and substances.

(1) A customs officer may, for the purpose of facilitating the exercise or performance by
any enforcing authority or inspector of any of the powers or duties of the authority or
inspector under any of the relevant statutory provisions, seize any imported article or
imported substance and detain it for not more than two working days.
(2) Anything seized and detained under this section shall be dealt with during the period of
its detention in such manner as the Commissioners of Customs and Excise may direct.
(3) In subsection (1) above the reference to two working days is a reference to a period of
forty-eight hours calculated from the time when the goods in question are seized but
disregarding so much of any period as falls on a Saturday or Sunday or on Christmas
Day, Good Friday or a day which is a bank holiday under the Banking and Financial
Dealings Act M1 1971 in the part of Great Britain where the goods are seized. ]
Textual Amendments
F91 S. 25A inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 3

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31)
(with reg. 3(4)(5)31)
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
1, Sch. 1 (with regs. 2(1), 15))
Ss. 18(6)(7)(b), 19-22, 23(1)(2)(5), 24-26, 33(1)(e)-(h)(o)(2)(2A)(3)(4)(e), 34(3)-(5), 35, 36(1)(2),
(16.4.1996) by S.I. 1996/772, reg. 17
Ss. 19-28, 33-35, 38, 39, 41, 42 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg.
15, Sch. 14 para. 1(b)
19(1)-(4), Sch. 15 para. 1(a)(b)
Ss. 18-26 applied (31.3.2002) by S.I. 2002/528, reg. 10
C320 S. 25A applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(c); s. 25A
applied (with modifications) (E.W.S.) (22.4.2005) by S.I. 2005/928, {reg. 4(2)-(6}
2009/1750, art. 2(3))
paras. 1, 2}
C323 Ss. 25A-28 applied (with modifications) (1.3.2014) by The Biocidal Products and Chemicals
(Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(4), 19 (with
reg. 3(4)(5)31)
C324 S. 25A applied (with modifications) (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations
2015 (S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(i), 2
C325 S. 25A applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(h), 2 (with reg. 3)
C326 S. 25A applied (with modifications) (8.12.2016) by The Pressure Equipment (Safety) Regulations
2016 (S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(h), 2 (with reg. 88)
C327 S. 25A applied (with modifications) (8.12.2016) by The Lifts Regulations 2016 (S.I. 2016/1093), reg.
1, Sch. 8 paras. 1(i), 2 (with regs. 3-5)
C328 S. 25A applied (with modifications) (E.W.S.) (8.12.2016) by The Equipment and Protective Systems
Sch. 4 para. 1(h)
C329 S. 25A applied (with modifications) (8.12.2016) by The Electrical Equipment (Safety) Regulations
2016 (S.I. 2016/1101), reg. 1, Sch. 4 paras. 1, 2 (with reg. 3)
C330 S. 25A applied (with modifications) (21.4.2018) by The Personal Protective Equipment (Enforcement)
C331 S. 25A applied (with modifications) (21.4.2018) by The Gas Appliances (Enforcement) and
C332 S. 25A applied (with modifications) (30.7.2018) by The Cableway Installations Regulations 2018 (S.I.
2018/816), regs. 1, 21(1)-(3) (with reg. 4)
Marginal Citations
M1 1971 c.80
26 Power of enforcing authorities to indemnify their inspectors.

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.

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31)
(with reg. 3(4)(5)31)
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
1, Sch. 1 (with regs. 2(1), 15))
reg. 3(4)(5)31)
S. 26: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(b), 5 (with s. 3(5)) S. 26
applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
1(a)(b)
C336 S. 26 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(c), (2)(3)
amended by S.I. 2009/1750, art. 2(2)(4))
C340 S. 26 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(c)
by S.I. 2003/403, regs. 1(2), 23(2)(a)(3); s. 26 applied (with modifications) (E.W.S.) (3.5.2004) by S.I.
2004/129, reg. 23(3)(c); s. 26 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg.
17; s. 26 applied (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6); s. 26 applied (2.4.2006) by
S.I. 2006/397, reg. 34
1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(f)
(subject to (4)-(6)) (with art. 7)
2009/1750, art. 2(3))
Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(e)
Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(e)
paras. 1, 2}
(S.I. 2011/3066), regs. 1(2), 39(2)(3)(e) (with reg. 3)
Regulations 2015 (S.I. 2015/483), regs. 1(1), 27(1)(c) (with regs. 3(2), 27(3))
Regulations 2015 (S.I. 2015/398), regs. 1, 36(1)(c) (with reg. 4(2), Sch. 14)
Regulations 2015 (S.I. 2015/398), regs. 1, 36(8)(c) (with reg. 4(2), Sch. 14)
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(j), 2
(S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(i), 2 (with reg. 88)
Sch. 8 paras. 1(j), 2 (with regs. 3-5)
Sch. 4 para. 1(i)
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(i), 2 (with reg. 3)
2018/816), regs. 1, 21(1)-(3) (with reg. 4)
Obtaining and disclosure of information
27 Obtaining of information by the Commission, the Executive, enforcing

authorities etc.
(1) For the purpose of obtaining—
(a) any information which [F92the Executive] needs for the discharge of its
functions; or
(b) any information which an enforcing authority [F93other than the Office for
Nuclear Regulation ]needs for the discharge of the authority’s functions,
F92
[ the Executive] may, with the consent of the Secretary of State, serve on any person
a notice requiring that person to furnish to [F92the Executive] or, as the case may be,
to the enforcing authority in question such information about such matters as may be
specified in the notice, and to do so in such form and manner and within such time
as may be so specified.
In this subsection “consent” includes a general consent extending to cases of any stated
description.
(2) Nothing in section 9 of the M2Statistics of Trade Act 1947 (which restricts the
disclosure of information obtained under that Act) shall prevent or penalise—
(a) the disclosure by a Minister of the Crown to F94. . . 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; F95. . .
F95
(b) ................................
F96
[ (3) In the preceding subsection, any reference to a Minister of the Crown or the Executive
includes respectively a reference to an officer of that person or of that body and also,
in the case of a reference to the Executive, includes a reference to—
(a) a person performing any functions of the Executive on its behalf by virtue of
section 13(3);
(b) an officer of a body which is so performing any such functions; and
(c) an adviser appointed under section 13(7).]
(4) A person to whom information is disclosed in pursuance of subsection (2) above shall
not use the information for a purpose other than a purpose F97. . . of the Executive.
Textual Amendments
F93 Words in s. 27(1)(b) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 7; S.I.
2014/251, art. 4
F94 Words in s. 27(2) omitted (1.4.2008) by virture of The Legislative Reform (Health and Safety
F95 S. 27(2)(b) and the word “or” immediately preceding it repealed by Employment Act 1989 (c. 38, SIF
43:1), s. 29(3)(4), Sch. 6 para. 10(2), Sch. 7 pt. 1
F97 Words in s. 27(4) omitted (1.4.2008) by virtue The Legislative Reform (Health and Safety Executive)

2011/745), arts. 1(1), 3(2))
(with reg. 3(4)(5)31)
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
1, Sch. 1 (with regs. 2(1), 15))
reg. 3(4)(5)31)
S. 27: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(e), 5 (with s. 3(5))
1(a)(b)
S. 27 extended (with modifications) (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(5)
(with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
amended by S.I. 2009/1750, art. 2(2)(4))
C365 S. 27 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(d); s. 27 applied
(with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 27 applied (E.W.S.) (22.4.2005)
by S.I. 2005/928, reg. 4(2)(3)(5)(6)
2009/1750, art. 2(3))
paras. 1, 2}
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(k), 2
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(j), 2 (with reg. 3)
Sch. 8 paras. 1(k), 2 (with regs. 3-5)
Sch. 4 para. 1(j)
(S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(j), 2 (with reg. 88)
2018/816), regs. 1, 21(1)-(3) (with reg. 4)
C377 S. 27(1) applied (with modifications) (E.W.S.) (22.9.2003) by S.I. 2003/403, reg. 23(2)(d)(3)(5) (as
amended (25.11.2006) by S.I. 2006/2815, reg. 8)
Marginal Citations
M2 1947 c. 39.
[F99 27A [F98Information communicated by Commissioners for Revenue and Customs].

(1) If they think it appropriate to do so for the purpose of facilitating the exercise or
performance by any person to whom sub-section (2) below applies of any of that
person’s powers or duties under any of the relevant statutory provisions, [F100the
Commissioners for Her Majesty’s Revenue and Customs] may authorise the disclosure
to that person of any information obtained [F101or held] for the purposes of the exercise
[F102by Her Majesty’s Revenue and Customs] of their functions in relation to imports.
(2) This subsection applies to an enforcing authority and to an inspector [F103, other than
the Office for Nuclear Regulation or an inspector appointed by the Office for Nuclear
Regulation].
(3) A disclosure of information made to any person under subsection (1) above shall be
made in such manner as may be directed by [F104the Commissioners for Her Majesty’s
Revenue and Customs]and may be made through such persons acting on behalf of that
person as may be so directed.
(4) Information may be disclosed to a person under subsection (1) above whether or not
the disclosure of the information has beenrequested by or on behalf of that person.]
Textual Amendments
F98 S. 27A heading substituted (18.4.2005) by virtue of Commissioners for Revenue and Customs Act
2005 (c. 11), ss. 50, 53(1), Sch. 4 para. 18(4); S.I. 2005/1126, art. 2(2)(h)
F99 S. 27A inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 4
F100 Words in s. 27A(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005
(c. 11), ss. 50, 53(1), Sch. 4 para. 18(2)(a); S.I. 2005/1126, art. 2(2)(h)
F101 Words in s. 27A(1) inserted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11),
ss. 50, 53(1), Sch. 4 para. 18(2)(b); S.I. 2005/1126, art. 2(2)(h)
(c. 11), ss. 50, 53(1), Sch. 4 para. 18(2)(c); S.I. 2005/1126, art. 2(2)(h)
F103 Words in s. 27A(2) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 8; S.I.
2014/251, art. 4
(c. 11), ss. 50, 53(1), Sch. 4 para. 18(3); S.I. 2005/1126, art. 2(2)(h)

2011/745), arts. 1(1), 3(2))
(with reg. 3(4)(5)31)
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
1, Sch. 1 (with regs. 2(1), 15))
reg. 3(4)(5)31)
15, Sch. 14 para. 1(b)
19(1)-(4), Sch. 15 para. 1(a)(b)
C379 Ss. 19-28 modified (6.4.1992) by S.I.1992/711, regs. 1(2), 28(3)(b)(5)(a)
C382 S. 27A applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(d); s. 27A
applied (with modifications) (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)-(6)
2009/1750, art. 2(3))
paras. 1, 2}
C385 S. 27A applied (with modifications) (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations
2015 (S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(l), 2
C386 S. 27A applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(k), 2 (with reg. 3)
C387 S. 27A applied (with modifications) (E.W.S.) (8.12.2016) by The Equipment and Protective Systems
Sch. 4 para. 1(k)
C388 S. 27A applied (with modifications) (8.12.2016) by The Electrical Equipment (Safety) Regulations
2016 (S.I. 2016/1101), reg. 1, Sch. 4 paras. 1, 2 (with reg. 3)
C389 S. 27A applied (with modifications) (8.12.2016) by The Lifts Regulations 2016 (S.I. 2016/1093), reg.
1, Sch. 8 paras. 1(l), 2 (with regs. 3-5)
C390 S. 27A applied (with modifications) (8.12.2016) by The Pressure Equipment (Safety) Regulations
2016 (S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(k), 2 (with reg. 88)
C391 S. 27A applied (with modifications) (21.4.2018) by The Gas Appliances (Enforcement) and
C392 S. 27A applied (with modifications) (21.4.2018) by The Personal Protective Equipment (Enforcement)
C393 S. 27A applied (with modifications) (30.7.2018) by The Cableway Installations Regulations 2018 (S.I.
2018/816), regs. 1, 21(1)-(3) (with reg. 4)
28 Restrictions on disclosure of information. E+W

(1) In this and the two following subsections—
(a) “relevant information” means information obtained by a person under
section 27(1) or furnished to any person [F105, other than the Office for Nuclear
Regulation (or an inspector appointed by it), ][F106under section 27A above
[F107, by virtue of section 43A(6) below]or] in pursuance of a requirement
imposed by any of the relevant statutory provisions; and
(b) “the recipient”, in relation to any relevant information, means the person by
whom that information was so obtained or to whom that information was so
furnished, as the case may be.
(2) Subject to the following subsection, no relevant information shall be disclosed without
the consent of the person by whom it was furnished.
(3) The preceding subsection shall not apply to—
(a) disclosure of information to F108. . . the Executive [F109, the Office for Nuclear
Regulation, ], [F110 the Environment Agency, [F111the Natural Resources
Body for Wales,]the Scottish Environment Protection Agency,] a government
department or any enforcing authority;
(b) without prejudice to paragraph (a) above, disclosure by the recipient of
information to any person for the purpose of any function conferred on the
recipient by or under any of the relevant statutory provisions;
(c) without prejudice to paragraph (a) above, disclosure by the recipient of

information to—
(i) an officer of a local authority who is authorised by that authority to
receive it,
[F112(ii) an officer F113 . . . of a water undertaker, sewerage undertaker, water
authority or water development board who is authorised by that F114
. . . undertaker, authority or board to receive it, ]
F115
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv) a constable authorised by a chief officer of police to receive it;
(d) disclosure by the recipient of information in a form calculated to prevent it
from being identified as relating to a particular person or case;
(e) disclosure of information for the purposes of any legal proceedings or any
investigation or inquiry held by virtue of [F116section 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 [F116section 14(2) or (2A)].
[F117(f) any other disclosure of information by the recipient, if–
(i) the recipient is, or is acting on behalf of a person who is, a public
authority for the purposes of the Freedom of Information Act 2000,
and
(ii) the information is not held by the authority on behalf of another
person.]
[F118(4) In the preceding subsection, any reference to the Executive [F119, the Office for
Nuclear Regulation,], the Environment Agency, [F120the 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 [F121or the Office for Nuclear
Regulation ], includes a reference to—
(a) a person performing any functions of the Executive[F122or Office for Nuclear
Regulation ] on its behalf by virtue of section 13(3)[F122of this Act or, as the
case may be, section 95 of the Energy Act 2013 ];
(c) an adviser appointed under section 13(7)[F123or, in the case of the Office for
Nuclear Regulation, a person providing advice to that body.].]
(5) A person to whom information is disclosed in pursuance of [F124any of paragraphs (a)
to (e) of] subsection (3) above shall not use the information for a purpose other than—
(a) in a case falling within paragraph (a) of that subsection, a purpose F125. . .
of the Executive [F126, of the Office for Nuclear Regulation ] or [F127of the
Environment Agency [F128or 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;
(b) in the case of information given to an officer of a [F129body which is a local
authority, F130. . . a water undertaker, a sewerage undertaker, a water authority,
a river purification board or a water development board, the purposes of the
body] in connection with the relevant statutory provisions or any enactment
whatsoever relating to public health, public safety or the protection of the
environment;
(c) in the case of information given to a constable, the purposes of the police
in connection with the relevant statutory provisions or any enactment
whatsoever relating to public health, public safety or the safety of the State.
[F131( 6 ) References in subsections (3) and (5) above to a local authority include F132 . . . a
joint authority established by Part IV of the Local Government Act 1985, [F133 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[F134, a fire and rescue authority created by an order under
section 4A of the Fire and Rescue Services Act 2004]F135...][F136and the London Fire
Commissioner] . ]
(7) A person shall not disclose any information obtained by him as a result of the
exercise of any power conferred by section 14(4)(a) or 20 (including, in particular, any
information with respect to any trade secret obtained by him in any premises entered
by him by virtue of any such power) except—
(a) for the purposes of his functions; or
(b) for the purposes of any legal proceedings or any investigation or inquiry
held by virtue of [F137section 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
[F137section 14(2) or (2A)]; or
(c) with the relevant consent.
In this subsection “the relevant consent” means, in the case of information furnished
in pursuance of a requirement imposed under section 20, the consent of the person
who furnished it, and, in any other case, the consent of a person having responsibilities
in relation to the premises where the information was obtained.
(8) Notwithstanding anything in the preceding subsection an inspector shall, in
circumstances in which it is necessary to do so for the purpose of assisting in keeping
persons (or the representatives of persons) employed at any premises adequately
informed about matters affecting their health, safety and welfare, give to such persons
or their represenatives the following descriptions of information, that is to say—
(a) factual information obtained by him as mentioned in that subsection which
relates to those premises or anything which was or is therein or was or is being
done therein; and
(b) information with respect to any action which he has taken or proposes to take
in or in connection with those premises in the performance of his functions;
and, where an inspector does as aforesaid, he shall give the like information to the
employer of the first-mentioned persons.
[F138(9) Notwithstanding anything in subsection (7) above, a person who has obtained such
information as is referred to in that subsection may furnish to a person who appears
to him to be likely to be a party to any civil proceedings arising out of any accident,
occurrence, situation or other matter, a written statement of relevant facts observed by
him in the course of exercising any of the powers referred to in that subsection].
[F139(9A) Subsection (7) above does not apply if–
(a) the person who has obtained any such information as is referred to in that
subsection is, or is acting on behalf of a person who is, a public authority for
the purposes of the Freedom of Information Act 2000, and
(b) the information is not held by the authority on behalf of another person.]
[F140(9B) 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.]
[F141(10) The Broads Authority and every National Park authority shall be deemed to be local
authorities for the purposes of this section.]
Extent Information
E6 This version of this provision extends to England and Wales only; separate versions have been created
for Scotland only and for Northern Ireland (in so far as this provision extends there, see s. 84(1)).
Textual Amendments
2014/251, art. 4
F106 Words inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 5
F107 Words in s. 28(1)(a) inserted (10.9.2003) by Railways and Transport Safety Act 2003 (c. 20), ss.
105(2), 120
F108 Words in s. 28(3)(a) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety
Executive) Order 2008 (S.I. 2008/960), art. 12(2)(a) (with art. 21, Sch. 2)
2014/251, art. 4
F110 Words in s. 28(3)(a) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(a) (with
ss. 7(6), 115, 117); S.I. 1996/186, art. 2
F111 Words in s. 28(3)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order
2013 (No. 755), art. 1(2), Sch. 2 para. 112(2) (with Sch. 7)
F112 S. 28(3)(c)(ii) substituted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 46(a) (with ss.
58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4),
57(6), 58)
F113 Words in s. 28(3)(c)(ii) repealed (E.W.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(b)(i),
Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
F114 Word in s. 28(3)(c)(ii) repealed (E.W.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(b)(ii),
Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
F115 S. 28(3)(c)(iii) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(d), Sch. 24
(with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
F116 Words in s. 28(3)(e) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive)
F117 S. 28(3)(f) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory
Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(2)
F119 Words in s. 28(4) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(a)(i);
S.I. 2014/251, art. 4
F120 Words in s. 28(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order
F121 Words in s. 28(4) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(a)(ii);
S.I. 2014/251, art. 4
F122 Words in s. 28(4)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(b);
S.I. 2014/251, art. 4
F123 Words in s. 28(4)(c) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(c);
S.I. 2014/251, art. 4
F124 Words in s. 28(5) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of
Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(3)
2014/251, art. 4
F127 Words in s. 28(5)(a) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(f)(i)
(with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
F129 Words substituted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 46(b) (with ss. 58(7),
101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6),
58)
F130 Words in s. 28(5)(b) repealed (E.W.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(f)(ii),
Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
F131 S. 28(6) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 52
F132 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13
Pt. I
F133 Words in s. 28(6) inserted (17.12.2009) by Local Democracy, Economic Development and
Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 42; S.I. 2009/3318, art. 2
by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 35; S.I. 2017/399, reg. 2, Sch.
para. 38
F135 Words in s. 28(6) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13
para. 6(10); S.I. 2015/994, art. 6(g)
F136 Words in s. 28(6) substituted (E.W.S.) (31.1.2017 for specified purposes) by Policing and Crime Act
2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 50
F138 S. 28(9) inserted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 9
F139 S. 28(9A) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory
F140 S. 28(9B) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(6); S.I. 2014/251,
art. 4
F141 S. 28(10) substituted (E.W.) (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 12 (with ss. 7(6), 115,
117); S.I. 1995/2950, art. 2

2011/745), arts. 1(1), 3(2))
(with reg. 3(4)(5)31)
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
1, Sch. 1 (with regs. 2(1), 15))
reg. 3(4)(5)31)

1(a)(b)
S. 28 restricted (15.11.2000) by S.I. 2000/2831, reg. 23(1)
C395 S. 28 amended by S.I. 1982/1496, reg. 10(1)
S. 28 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 20(e) (with ss. 54(5)(7), 55(5),
Sch. 17 paras. 22(1), 23(2))
C396 S. 28 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 13(f)
C397 S. 28 restricted (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 15
S. 28 excluded (E.W.S.) (1.4.1999) by S.I. 1999/743, reg. 21(5).
by S.I. 2003/403, regs. 1(2), 23(2)(e)(3)
C402 S. 28 applied (E.W.S.) by S.I. 2005/928, art. 4(3)(b)
(g) (subject to (4)-(6)) (with art. 7)
2009/1750, art. 2(3))
Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(f)
Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(f)
paras. 1, 2}
(S.I. 2011/3066), regs. 1(2), 39(2)(3)(f) (with reg. 3)
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(m), 2
Sch. 4 para. 1(l)
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(l), 2 (with reg. 3)
Sch. 8 paras. 1(m), 2 (with regs. 3-5)
(S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(l), 2 (with reg. 88)
C417 S. 28(6) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4
s. 28 extended (31.1.1994) by S.I. 1993/3050, art. 18(1) (with art. 3).

C418 S. 28(7): Disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 12
28 Restrictions on disclosure of information. S

[F107, by virtue of section 43A(6) below] or] in pursuance of a requirement
(a) disclosure of information to F108. . . the Executive [F109, the Office for Nuclear
Regulation, ], [F327the Environment Agency, [F111the Natural Resources Body
for Wales,]the Scottish Environment Protection Agency,] a government
department or any enforcing authority;
information to—
receive it,
[ (ii) an officer of a water undertaker, sewerage undertaker, [F329or Scottish
F328
Water] who is authorised by [F330that undertaker or, as the case may

be, Scottish Water] to receive it;]
F331
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
investigation or inquiry held by virtue of [F116section 14(2) or (2A)], or for the
F332
[ (f) any other disclosure of information by the recipient, if–
authority for the purposes of the Freedom of Information Act 2000
[F333or a Scottish public authority for the purposes of the Freedom of
Information (Scotland) Act 2002] , and
person.]
Nuclear Regulation,], the Environment Agency, [F120the Natural Resources Body for

(a) a person performing any functions of the Executive [F122or Office for Nuclear
Regulation ] on its behalf by virtue of section 13(3) [F122 of this Act or, as the
case may be, section 95 of the Energy Act 2013 ];
(c) an adviser appointed under section 13(7) [F123or, in the case of the Office for
Nuclear Regulation, a person providing advice to that body.]]
(a) in a case falling within paragraph (a) of that subsection, a purpose F125. . .
of the Executive [F126, of the Office for Nuclear Regulation ]or [F335 of the
Environment Agency [F128or of the Natural Resources Body for Wales]or
of the Scottish Environment Protection Agency or] of the government
(b) [F336in the case of information given to an officer of a body which is a local
authority, a water undertaker, [F337or a sewerage undertaker or to an officer
of Scottish Water,] the purposes of the body [F338authority, 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;
[F339( 6 ) References in subsections (3) and (5) above to a local authority include F132 . . . a joint
authority established by Part IV of the Local Government Act 1985, [F133 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 [F134, a fire and rescue authority created by an order under
section 4A of the Fire and Rescue Services Act 2004]F135...][F136and the London Fire
Commissioner] . ]

done therein; and
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 [F342or a Scottish
public authority for the purposes of the Freedom of Information (Scotland)
Act 2002] , and
[F343(10) For the purposes of this section the Broads Authority shall be treated as a local
authority.]
Extent Information
E14 This version of this provision extends to Scotland only; separate versions of this provision have been
created for England and Wales only and for Northern Ireland (in so far as this provision extends there,
see s. 84(1))
Textual Amendments
2014/251, art. 4
105(2), 120
2014/251, art. 4
S.I. 2014/251, art. 4
S.I. 2014/251, art. 4
S.I. 2014/251, art. 4
S.I. 2014/251, art. 4
2014/251, art. 4
Pt. I
by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 35; S.I. 2017/399, reg. 2, Sch.
para. 38
para. 6(10); S.I. 2015/994, art. 6(g)
F136 Words in s. 28(6) substituted (E.W.S.) (31.1.2017 for specified purposes) by Policing and Crime Act
2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 50
art. 4
F327 Words in s. 28(3)(a) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(a) (with
ss. 7(6), 115, 117); S.I. 1996/186, art. 2
F328 S. 28(3)(c)(ii) substituted (S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(c) (with ss.
7(6), 115, 117); S.I. 1996/186, art. 2
F329 Words in s. 28(3)(c)(ii) substituted (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002
(Consequential Modifications) Order 2004 (S.I. 2004/1822) art. 2, {Sch. Pt. 1 para. 8(a)(i)}
F330 Words in s. 28(3)(c)(ii) substituted (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002
(Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 2, Sch. para. 8(a)(ii)
F331 S. 28(3)(c)(iii) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(d), Sch. 24
(with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
F333 Words in s. 28(3)(f)(i) inserted (S.) (13.10.2008) by The Freedom of Information (Relaxation of
Statutory Prohibitions on Disclosure of Information) (Scotland) Order 2008 (S.S.I. 2008/339), art 5(2)
F335 Words in s. 28(5)(a) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(f)(i)
(with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
F336 Words in s. 28(5)(b) substituted (S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(f)(iii)
(with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
F337 Words in s. 28(5)(b) substituted (14.7.2004) by The Water Industry (Scotland) Act 2002
(Consequential Modifications) Order 2004 (S.I. 2004/ 1822) art. 2, {Sch. Pt. 1 para. 8(b)(i)}
F338 Words in s. 28(5)(b) inserted (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential
Modifications) Order 2004 (S.I. 2004/1822) art. 2, {Sch. Pt. 1 para. 8(b)(ii)}
F342 Words in s. 28(9A)(a) inserted (S.) (13.10.2008) by The Freedom of Information (Relaxation of
Statutory Prohibitions on Disclosure of Information) (Scotland) Order 2008 (S.S.I. 2008/339), art 5(3)
F343 S. 28(10) added by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), s. 21, Sch. 6 para. 13

2011/745), arts. 1(1), 3(2))
(with reg. 3(4)(5)31)
1, Sch. 1 (with regs. 2(1), 15))
reg. 3(4)(5)31)
2009/1750, art. 2(3))
Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(f)
(S.I. 2011/3066), regs. 1(2), 39(2)(3)(f) (with reg. 3)
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(m), 2
Sch. 4 para. 1(l)

1(a)(b)
Sch. 17 paras. 22(1), 23(2))
C852 S. 28 restricted (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 15
S. 28 excluded (E.W.S.) (1.4.1999) by S.I. 1999/743, reg. 21(5).
by S.I. 2003/403, regs. 1(2), 23(2)(e)(3)
C857 S. 28 applied (E.W.S.) by S.I. 2005/928, art. 4(3)(b)
(g) (subject to (4)-(6)) (with art. 7)
Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(f)
paras. 1, 2}
28 Restrictions on disclosure of information. N.I.

[F107, by virtue of section 43A(6) below]or] in pursuance of a requirement
(a) disclosure of information to F108. . . the Executive[F109, the Office for Nuclear
Regulation, ], a government department or any enforcing authority;

information to—
receive it,
F345
[ (ii) an officer of the National Rivers Authority or of a water undertaker,
sewerage undertaker, water authority or water development board
who is authorised by that Authority, undertaker, authority or board to
receive it,]
(iii) an officer of a river purification board who is authorised by that board
to receive it, or
investigation or inquiry held by virtue of [F116section 14(2) or (2A)], or for the
[F346(f) any other disclosure of information by the recipient, if–
authority for the purposes of the Freedom of Information Act 2000,
and
person.]
Nuclear Regulation, ], the Environment Agency,[F120the Natural Resources Body for
(a) a person performing any functions of the Executive [F122or Office for Nuclear
Regulation] on its behalf by virtue of section 13(3) [F122 of this Act or, as the
case may be, section 95 of the Energy Act 2013];
(c) an adviser appointed under section 13(7) [F123or, in the case of the Office for
Nuclear Regulation, a person providing advice to that body.]]
(a) in a case falling within paragraph (a) of that subsection, a purpose F125. . . of the
Executive [F126, of the Office for Nuclear Regulation ] or of the government
(b) in the case of information given to an officer of a [F348body 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;
[F349( 6 ) References in subsections (3) and (5) above to a local authority include F132 . . . a joint
authority established by Part IV of the Local Government Act 1985, [F133 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 ActF135...]F135... [F350 and the London Fire and Emergency Planning
Authority ] . ]
done therein; and
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
[F353(10) For the purposes of this section the Broads Authority shall be treated as a local
authority.]
Extent Information
E15 This version of this provision applies to Northern Ireland (in so far as this provision extends there,
see s. 84(1)(a)); separate versions of this provision have been created for England and Wales only and
Scotland only
Textual Amendments
2014/251, art. 4
105(2), 120
2014/251, art. 4
S.I. 2014/251, art. 4
S.I. 2014/251, art. 4
S.I. 2014/251, art. 4
S.I. 2014/251, art. 4
2014/251, art. 4
Pt. I
para. 6(10); S.I. 2015/994, art. 6(g)
art. 4
F345 S. 28(3)(c)(ii) substituted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 46(a) (with ss.
58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4),
57(6), 58)
F348 Words substituted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 46(b) (with ss. 58(7),
101(1), 141(6), 160(1)(2)(4), 163, 189(4), (10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6),
58)
F350 Words in s. 28(6) added (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 para. 23 (with Sch. 12 para.
9(1)); S.I. 2000/1094, art. 4
F353 S. 28(10) added by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), s. 21, Sch. 6 para. 13

2011/745), arts. 1(1), 3(2))
(with reg. 3(4)(5)31)
1, Sch. 1 (with regs. 2(1), 15))
reg. 3(4)(5)31)
2009/1750, art. 2(3))
(S.I. 2011/3066), regs. 1(2), 39(2)(3)(f) (with reg. 3)
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(m), 2
Sch. 4 para. 1(l)
C862 Ss. 1, 25, 26, 27, 28, 30, 33, 34, 59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2, 10
Sch. 17 paras. 22(1), 23(2))
C864 S. 28 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 13(f)
C867 s. 28 applied (with modifications) (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)-(4)
Special provisions relating to agriculture
F142
29 ................................
Textual Amendments

2011/745), arts. 1(1), 3(2))
[F143 30 Agricultural health and safety regulations.

(1) Regulations under this section (in this Part referred to as “ agricultural health and
safety regulations ”) may be made for any of the relevant agricultural purposes.
(2) Agricultural health and safety regulations may be either regulations applying to Great
Britain and made by the Minister of Agriculture, Fisheries and Food and the Secretary
of State acting jointly, or regulations applying to England and Wales only and made by
the said Minister, or regulations applying to Scotland only and made by the Secretary
of State.
(3) Where health and safety regulations make provision for any purpose with respect to a
matter that relates to (but not exclusively to) agricultural operations—
(a) provision for that purpose shall not be made with respect to that matter
by agricultural health and safety regulations so as to have effect while the
first-mentioned provision is in force except for the purpose of imposing
requirements additional to those imposed by health and safety regulations,
being additional requirements which in the opinion of the authority making
the agricultural health and safety regulations are necessary or expedient in the
special circumstances of agricultural operations; and
(b) in the event of any inconsistency between the first-mentioned provision and
any provision made with respect to that matter by agricultural health and
safety regulations, the first-mentioned provision shall prevail.
(4) The provisions of section 15(2) to (10) and Schedule 3 shall have effect in relation to
agricultural health and safety regulations as they have effect in relation to health and
safety regulations subject to the following modifications, that is to say—
(a) references to the relevant statutory provisions or the existing statutory
provisions shall be read as references to such of those provisions as relate to
agriculture;
(b) in section 15(4) the references to the Commission shall be read as references
to the appropriate Agriculture Minister;
(c) in section 15(6) and (10) and paragraph 23 of Schedule 3, the reference to
health and safety regulations shall be read as a reference to agricultural health
and safety regulations.
(5) Without prejudice to the generality of subsection (1) above, agricultural health and
safety regulations may, as regards agricultural licences under any of the relevant
statutory provisions, make provision for requiring the authority having power to issue,
renew, vary, transfer or revoke such licences to notify—
(a) any applicant for the issue, renewal, variation or transfer of such a licence of
any proposed decision of the authority to refuse the application; or
(b) the holder of such a licence of any proposed decision of the authority to revoke
the licence or to vary any term, condition or restriction on or subject to which
the licence is held;
and for enabling persons aggrieved by any such proposed decision to make
representations to, or to a person appointed by, the relevant authority within the period
and in the manner prescribed by the regulations.
(6) In relation to any agricultural health and safety regulations made in pursuance of
paragraph 2 of Schedule 3 as applied by this section, subsection (2) above shall have
effect as if after the words “Great Britain” there were inserted the words “or the United
Kingdom”.]
Textual Amendments
F143 S. 30 repealed (E.W.) (S.) by Employment Protection Act 1975 (c. 71), Sch. 18

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
F144
31, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32.
Textual Amendments

2011/745), arts. 1(1), 3(2))
Provisions as to offences
33 Offences
(1) It is an offence for a person—
(a) to fail to discharge a duty to which he is subject by virtue of sections 2 to 7;
(b) to contravene section 8 or 9;
(c) to contravene any health and safety regulations F145. . . or any requirement or
prohibition imposed under any such regulations (including any requirement
or prohibition to which he is subject by virtue of the terms of or any condition
or restriction attached to any licence, approval, exemption or other authority
issued, given or granted under the regulations);
(d) to contravene any requirement imposed by or under regulations under
section 14 or intentionally to obstruct any person in the exercise of his powers
under that section;
(e) to contravene any requirement imposed by an inspector under section 20 or
25;
(f) to prevent or attempt to prevent any other person from appearing before an
inspector or from answering any question to which an inspector may by virtue
of section 20(2) require an answer;
(g) to contravene any requirement or prohibition imposed by an improvement
notice or a prohibition notice (including any such notice as modified on
appeal);
(h) intentionally to obstruct an inspector in the exercise or performance of his
powers or duties [F146or to obstruct a customs officer in the exercise of his
powers under section 25A];
(i) to contravene any requirement imposed by a notice under section 27(1);
(j) to use or disclose any information in contravention of section 27(4) or 28;
(k) to make a statement which he knows to be false or recklessly to make a
statement which is false where the statement is made—
(i) in purported compliance with a requirement to furnish any
information imposed by or under any of the relevant statutory
provisions; or
(ii) for the purpose of obtaining the issue of a document under any of the
relevant statutory provisions to himself or another person;
(l) intentionally to make a false entry in any register, book, notice or other
document required by or under any of the relevant statutory provisions to be
kept, served or given or, with intent to deceive, to make use of any such entry
which he knows to be false;
(m) with intent to deceive, to [F147forge or] use a document issued or authorised
to be issued under any of the relevant statutory provisions or required for any
purpose thereunder or to make or have in his possession a document so closely
resembling any such document as to be calculated to deceive;
(n) falsely to pretend to be an inspector;
(o) to fail to comply with an order made by a court under section 42.
[F148(2) Schedule 3A (which specifies the mode of trial and maximum penalty applicable to
offences under this section and the existing statutory provisions) has effect.
(3) Schedule 3A is subject to any provision made by virtue of section 15(6)(c) or (d).]
F149
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F150
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F147 Words repealed (E.W.N.I.) by Forgery and Counterfeiting Act 1981 (c. 45, SIF 39:7), s. 30, Sch. Pt. I
F148 S. 33(2)(3) substituted (16.1.2009) for s. 33(1A)-(4) by Health and Safety (Offences) Act 2008 (c. 20),
ss. 1(1), 3(2) (with s. 3(3))
F149 S. 33(5) repealed (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), ss. 4(5)(6), 7(2), Sch.2
F150 S. 33(6) repealed by Forgery and Counterfeiting Act 1981 (c. 45, SIF 39:7), s. 30, Sch. Pt. I

2011/745), arts. 1(1), 3(2))
C422 S. 33 applied by S.I. 1989/840, arts. 2, 10
S. 33 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10 S. 33 excluded (with saving) (E.W.S.)
(1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 33 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)
C423 S. 33 extended (with modifications) (12.4.1999) by S.I. 1999/743, reg. 20(1)(d)(2)(3) S. 33 applied
(20.9.2001) by S.I. 2001/2975, reg. 19(d)
S. 33 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(b)
amended by S.I. 2009/1750, art. 2(2)(4))
C427 S. 33 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(e); s. 33 applied
(E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6); s. 33 applied (2.4.2006) by S.I. 2006/397,
reg. 34(2)(d)
2009/1750, art. 2(3))
C429 Ss. 33-42 applied (with modifications) (E.W.) (12.8.2009 with application in accordance with reg. 3
of the amending S.I.) by The Major Accident Off-Site Emergency Plan (Management of Waste from
Extractive Industries)(England and Wales) Regulations 2009 (S.I. 2009/1927), {reg. 9(1)}
paras. 1, 2}
(with reg. 3(4), (5), 8(2)-(7), 31, 32, 33(1))
C432 Ss. 33-42 applied (1.3.2014) by The Biocidal Products and Chemicals (Appointment of Authorities
and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(4), 19 (with reg. 3(4)(5)313233(1))
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
C434 Ss. 33-42 applied (1.10.2014) by The Genetically Modified Organisms (Contained Use) Regulations
2014 (S.I. 2014/1663), regs. 1, 30(2)(a) (with reg. 3(1)(2))
(with reg. 3(4)(5)313233(1))
Regulations 2015 (S.I. 2015/483), regs. 1(1), 27(1)(d) (with regs. 3(2), 27(3))
C437 Ss. 33-42 applied (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety Case
etc.) Regulations 2015 (S.I. 2015/398), regs. 1, 36(8)(d) (with reg. 4(2), Sch. 14)
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(n), 2
1, Sch. 1 (with regs. 2(1), 15))
Sch. 4 para. 1(m)
(S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(m), 2 (with reg. 88)
Sch. 8 paras. 1(n), 2 (with regs. 3-5)
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(m), 2 (with reg. 3)
C448 S. 33(2) applied (with modifications) (30.7.2018) by The Cableway Installations Regulations 2018
(S.I. 2018/816), regs. 1, 21(1)-(3) (with reg. 4)
C449 S. 33(1)(e)-(o) applied (with modifications) (30.7.2018) by The Cableway Installations Regulations
2018 (S.I. 2018/816), regs. 1, 21(1)-(3) (with reg. 4)
C450 S. 33(1)(c) applied (with modifications) (30.7.2018) by The Cableway Installations Regulations 2018
(S.I. 2018/816), regs. 1, 21 (with reg. 4)
C451 S. 33(1)(c) restricted (12.4.1999) by S.I. 1999/743, reg. 20(2)
S. 33(1)(c) excluded (16.5.2002) by S.I. 2002/1166, reg. 31(4) (with art. 37) S. 33(1)(c) modified
(E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(4)
C452 S. 33(1)(c) (e)-(h) (k)-(o) (2) (2A) (3) applied (with modifications) (E.W.S.) (the amendment coming
into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order
2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
C453 S. 33(1)(c) applied (with modifications) (E.W.S.) (6.4.2010) by The Rail Vehicle Accessibility (Non-
Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(g) (with reg. 6(4)(5))
C454 S. 33(1)(c) applied (with modifications) (E.W.S.) (6.4.2010) by The Train Driving Licences and
Certificates Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(g) (with reg. 38(4)(5))
C455 S. 33(1)(c)(e)-(h)(j)-(o) applied (with modifications) (16.1.2012) by The Railways (Interoperability)
Regulations 2011 (S.I. 2011/3066), regs. 1(2), 39(2)(3)(g) (with reg. 3)
C456 S. 33(1)(c) excluded (1.3.2014) by The Biocidal Products and Chemicals (Appointment of Authorities
C457 S. 33(1)(c) excluded (1.10.2014) by The Genetically Modified Organisms (Contained Use)
C458 S. 33(1)(c) applied (E.W.S.) (1.6.2015) by The Control of Major Accident Hazards Regulations 2015
(S.I. 2015/483), regs. 1(1), 27(4) (with regs. 3(2), 27(3))
C459 S. 33(1)(e) applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003
otherwise) by S.I. 2003/403, regs. 1(2), 23(2)(a)(3)
C460 S. 33(1)(e) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17; s. 33(1)(e)
applied (with modifications) (9.6.2004) by S.I. 2004/1309, reg. 17
C461 S. 33(1)(e)-(h) applied (with modifications) (E.W.S.) (6.4.2010) by The Rail Vehicle Accessibility
(Non-Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(g) (with reg. 6(4)(5))
C462 S. 33(1)(e)-(h) applied (with modifications) (E.W.S.) (6.4.2010) by The Train Driving Licences and
C463 S. 33(1)(f) applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003
C464 S. 33(1)(f) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
C465 Ss. 33(1)(f) applied (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C466 S. 33(1)(f): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(f), 5 (with s. 3(5))
C467 S. 33(1)(f) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17; s. 33(1)(f)
C469 S. 33(1)(g) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
C470 S. 33(1)(g) applied (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C471 S. 33(1)(g): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(f), 5 (with s. 3(5))
C472 S. 33(1)(g) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17; s. 33(1)(g)
C473 S. 33(1)(g): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(f), 5 (with s. 3(5))
C475 S. 33(1)(h) applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003
C476 S. 33(1)(h) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
C477 Ss. 33(1)(h) applied (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C478 S. 33(1)(h): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(f), 5 (with s. 3(5))
C479 Ss. 33(1)(h) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17; s. 33(1)(h)
C481 S. 33(1)(i) applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003
C482 S. 33(1)(i) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
C483 S. 33(1)(i): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(f), 5 (with s. 3(5))
C484 S. 33(1)(i) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17; s. 33(1)(i)
C485 S. 33(1)(j) applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003
C486 S. 33(1)(j) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
C487 S. 33(1)(j): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(f), 5 (with s. 3(5))
C488 S. 33(1)(j)-(o) applied (with modifications) (E.W.S.) (6.4.2010) by The Rail Vehicle Accessibility
(Non-Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(g) (with reg. 6(4)(5))
C489 S. 33(1)(j)-(o) applied (with modifications) (E.W.S.) (6.4.2010) by The Train Driving Licences and
C490 S. 33(1)(k) applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003
C491 S. 33(1)(k) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
C492 S. 33(1)(l) applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003
C493 S. 33(1)(l) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
C495 S. 33(1)(m) applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003
C496 S. 33(1)(m) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
C498 S. 33(1)(n) applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003
C499 S. 33(1)(n): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(f), 5 (with s. 3(5))
C500 S. 33(1)(n) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17; s. 33(1)(n)
C502 S. 33(1)(o) applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003
C503 Ss. 33(1)(o) applied (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C504 S. 33(1)(o): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(f), 5 (with s. 3(5))
C505 S. 33(1)(o) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17; s. 33(1)(o)
34 Extension of time for bringing summary proceedings.

(1) Where—
(a) a special report on any matter to which section 14 of this Act applies is made
by virtue of subsection [F151(2)] of that section; or
(b) a report is made by the person holding an inquiry into any such matter by
virtue of subsection [F152(2A)] of that section; or
(c) [F153an 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
F154 F155
[ (d) 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,]
and it appears [F156from 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 [F157report, 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 [F158conclusion
of the investigation] or inquiry.
(2) Where an offence under any of the relevant statutory provisions is committed by
reason of a failure to do something at or within a time fixed by or under any of those
provisions, the offence shall be deemed to continue until that thing is done.
(3) Summary proceedings for an offence to which this subsection applies may be
commenced at any time within six months from the date on which there comes to the
knowledge of a responsible enforcing authority evidence sufficient in the opinion of
that authority to justify a prosecution for that offence; and for the purposes of this
subsection—
(a) a certificate of an enforcing authority stating that such evidence came to its
knowledge on a specified date shall be conclusive evidence of that fact; and
(b) a document purporting to be such a certificate and to be signed by or on behalf
of the enforcing authority in question shall be presumed to be such a certificate
unless the contrary is proved.
(4) The preceding subsection applies to any offence under any of the relevant statutory
provisions which a person commits by virtue of any provision or requirement to which
he is subject as the designer, manufacturer, importer or supplier of any thing; and
in that subsection “responsible enforcing authority” means an enforcing authority
within whose field of responsibility the offence in question lies, whether by virtue of
section 35 or otherwise.
(5) In the application of subsection (3) above to Scotland—
(a) for the words from “there comes” to “that offence” there shall be substituted
the words “evidence, sufficient in the opinion of the enforcing authority to
justify a report to the Lord Advocate with a view to consideration of the
question of prosecution, comes to the knowledge of the authority”;
(b) at the end of paragraph (b) there shall be added the words “and
(c) section [F159331(3) of the M3Criminal Procedure (Scotland) Act 1975] (date
of commencement of proceedings) shall have effect as it has effect for the
purposes of that section.”
[F160( 6 ) In the application of subsection (4) above to Scotland, after the words “applies to”
there shall be inserted the words “any offence under section 33(1)(c) above where the
health and safety regulations concerned were made for the general purpose mentioned
in section 18(1) of the Gas Act 1986 and”.]
Textual Amendments
Order 2008 (S.I. 2008/960), art. 13(a) (with art. 21, Sch. 2)
Order 2008 (S.I. 2008/960), art. 13(b) (with art. 21, Sch. 2)
F153 Words in s. 34(1)(c) substituted (25.7.2013) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(e),
Sch. 21 para. 25(2) (with s. 180); S.I. 2013/1869, art. 2(o)(xi)
F154 S. 34(1)(d) substituted (S.) (15.6.2017) by Inquiries into Fatal Accidents and Sudden Deaths
etc. (Scotland) Act 2016 (asp 2), s. 42(2), sch. 2 para. 2(3); S.S.I. 2017/155, reg. 2 (with regs. 4(2)5)
F155 S. 34(1)(d) substituted (E.W.N.I.) (15.6.2017) by The Inquiries into Fatal Accidents and Sudden
Deaths etc. (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I.
2016/1142), art. 1(2), Sch. para. 3(3) (with art. 7(2)); S.S.I. 2017/155, reg. 2
F156 Words in s. 34(1) substituted (25.7.2013) by Coroners and Justice Act 2009 (c. 25), s. 182(4)(e), Sch.
21 para. 25(3) (with s. 180); S.I. 2013/1869, art. 2(o)(xi)
F159 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 51
F160 S. 34(6) inserted by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1), Sch. 7 para. 18

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31, 32, 33(1))
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
2014 (S.I. 2014/1663), regs. 1, 30(2)(a) (with reg. 3(1)(2))
(with reg. 3(4)(5)313233(1))
1, Sch. 1 (with regs. 2(1), 15))
2009/1750, art. 2(3))
C511 S. 34 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 3(e)(i)
C512 Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(d), (2)(3)
Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975, reg. 19(d)
C514 Ss. 34 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)
amended by S.I. 2009/1750, art. 2(2)(4))
C516 S. 34 applied (with modifications) (E.W.S) (3.5.2004) by S.I. 2004/129, reg. 23(3)(e)
S. 34 applied (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6)
S. 34 applied (2.4.2006) by S.I. 2006/397, reg. 34(3)(d)
paras. 1, 2}
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(o), 2
Sch. 4 para. 1(n)
(S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(n), 2 (with reg. 88)
Sch. 8 paras. 1(o), 2 (with regs. 3-5)
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(n), 2 (with reg. 3)
(S.I. 2018/816), regs. 1, 21(1)-(3) (with reg. 4)
C527 S. 34(1)(c) applied (with modifications) (E.W.S.) (the amendment coming into force in accordance
with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art.
4(2)(3)(h) (subject to (4)-(6)) (with art. 7)
C528 S. 34(1)(d) applied (with modifications) (E.W.S.) (the amendment coming into force in accordance
C529 S. 34(2) applied (with modifications) (E.W.S) (9.6.2004) by S.I. 2004/1309, reg. 17
C530 S. 34(2)-(6): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(g), 5 (with s. 3(5))
C532 S. 34(2)-(5) applied (with modifications) (E.W.S.) (the amendment coming into force in accordance
C533 S. 34(2) applied (with modifications) (E.W.S.) (6.4.2010) by The Rail Vehicle Accessibility (Non-
Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(g)
C534 S. 34(2) applied (with modifications) (E.W.S.) (6.4.2010) by The Train Driving Licences and
Certificates Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(g)
C535 S. 34(2)-(5) applied (with modifications) (16.1.2012) by The Railways (Interoperability) Regulations
2011 (S.I. 2011/3066), regs. 1(2), 39(2)(3)(g) (with reg. 3)
C537 S. 34(3)(4)(5) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
S. 34(3)(4)(5) applied (with modifications) (18.7.1995) by S.I. 1995/1629, reg. 30(3)(b)(5)
C538 S. 34(3) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
C539 S. 34(3) applied (with modifications) (E.W.S.) (9.1.1995) by S.I. 1994/3260, reg. 17(3)
S. 34(4) applied (with modifications) (18.7.1995) by S.I. 1995/1629, reg. 30(3)(b)(5)
S. 34(5) applied (with modifications) (18.7.1995) by S.I. 1995/1629, reg. 30(3)(b)(5)
Marginal Citations
M3 1975 c. 21.
35 Venue.
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.

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31, 32, 33(1))
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
2014 (S.I. 2014/1663), regs. 1, 30(2)(a) (with reg. 3(1)(2))
(with reg. 3(4)(5)313233(1))
1, Sch. 1 (with regs. 2(1), 15))
(S.I. 2018/816), regs. 1, 21(1)-(3) (with reg. 4)
S. 35 applied (with modifications) (E.W.S.) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
S. 35: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(a), 5 (with s. 3(5))
S. 35 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b) S.
35 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)
C555 Ss. 35 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)
C557 Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1), (2)(3)
Ss. 33-42 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(b)
Ss. 33-42 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)
C560 Ss. 1-59, 80-82 applied (E.W.S.) (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10
(with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))
by S.I. 2003/403, regs. 1(2), 23(2)(a)(3)
(E.W.S.) (22.4.2005) by S.I. 2005/928 {reg. 4(2)(3)(5)(6)}; s. 35 applied (2.4.2006) by S.I. 2006/397,
{reg. 34)(3)(d)}
(h) (subject to (4)-(6)) (with art. 7)
2009/1750, art. 2(3))
paras. 1, 2}
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(p), 2
(S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(o), 2 (with reg. 88)
Sch. 8 paras. 1(p), 2 (with regs. 3-5)
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(o), 2 (with reg. 3)
Sch. 4 para. 1(o)
36 Offences due to fault of other person.

(1) Where the commission by any person of an offence under any of the relevant statutory
provisions is due to the act or default of some other person, that other person shall be
guilty of the offence, and a person may be charged with and convicted of the offence
by virtue of this subsection whether or not proceedings are taken against the first-
mentioned person.
(2) Where there would be or have been the commission of an offence under section 33
by the Crown but for the circumstance that that section does not bind the Crown, and
that fact is due to the act or default of a person other than the Crown, that person
shall be guilty of the offence which, but for that circumstance, the Crown would be
committing or would have committed, and may be charged with and convicted of that
offence accordingly.
(3) The preceding provisions of this section are subject to any provision made by virtue
of section 15(6).

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31, 32, 33(1))
2014 (S.I. 2014/1663), regs. 1, 30(2)(a) (with reg. 3(1)(2))
(with reg. 3(4)(5)313233(1))
(S.I. 2018/816), regs. 1, 21(1)-(3) (with reg. 4)
S. 36 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10 S. 36 applied (15.11.2000) by S.I.
2000/2831, reg. 26(1)(a)
amended by S.I. 2009/1750, art. 2(2)(4))
by S.I. 2003/403, regs. 1(2), 23(2)(a)(3)
(E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6); s. 36 applied (2.4.2006) by S.I. 2006/397,
reg. 34
2009/1750, art. 2(3))
C585 S. 36(1)(2) applied (with modifications) (1.1.1993) by S.I.1992/3073, reg. 28, Sch. 6 para. 1(c)
C586 Ss. 18(6)(7)(b), 19-22, 23(1)(2)(5), 24-26, 33(1)(e)-(h)(o)(2)(2A)(3)(4)(e), 34(3)-(5), 35, 36(1)(2),
C587 S. 36(1): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(h), 5 (with s. 3(5))
C589 Ss. 36(1)(2), 37 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para.
1(a)(c)
C591 S. 36(1) applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with
art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)
(3)(h) (subject to (4)-(6)) (with art. 7)
C592 S. 36(1)(2) applied (with modifications) (E.W.S.) (6.4.2010) by The Rail Vehicle Accessibility (Non-
C593 S. 36(1)(2) applied (with modifications) (E.W.S.) (6.4.2010) by The Train Driving Licences and
C594 S. 36(1)(2) applied (with modifications) (E.W.S.) (4.7.2010 for certain purposes and otherwise
4.7.2013) by The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), regs. 1, 18, 37(1),
{Sch. 4 paras. 1, 2}
C595 S. 36(1)(2) applied (with modifications) (16.1.2012) by The Railways (Interoperability) Regulations
2011 (S.I. 2011/3066), regs. 1(2), 39(2)(3)(g) (with reg. 3)
C596 S. 36(1) applied (with modifications) (E.W.S.) (1.10.2014) by The Explosives Regulations 2014 (S.I.
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
C597 S. 36(1)(2) applied (with modifications) by S.I. 2014/1638, Sch. 12 paras. 5-7 (as substituted (E.W.S.)
1, Sch. 1 (with regs. 2(1), 15))
C598 S. 36 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C599 S. 36(2) applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with
C600 S. 36(2) applied (with modifications) (E.W.S.) (1.10.2014) by The Explosives Regulations 2014 (S.I.
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
37 Offences by bodies corporate.

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

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31, 32, 33(1))
2014 (S.I. 2014/1663), regs. 1, 30(2)(a) (with reg. 3(1)(2))
(with reg. 3(4)(5)313233(1))
(S.I. 2018/816), regs. 1, 21(1)-(3) (with reg. 4)
Ss. 18(6)(7)(b), 19-22, 23(1)(2)(5), 24-26, 33(1)(e)-(h)(o)(2)(2A)(3)(4)(e), 34(3)-(5), 35, 36(1)(2),
S. 37: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(h), 5 (with s. 3(5))
(16.4.1996) by S.I. 1996/772, reg. 17
C602 S. 37 applied by S.I. 1990/556, reg. 5(2)
C603 S. 37 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(c)
Ss. 36(1)(2), 37 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para.
1(a)(c)
C608 Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975, reg. 19(d)
by S.I. 2003/403, regs. 1(2), 23(2)(a)(3)
by S.I. 2005/928, reg. 4(2)(3)(5)(6); ss. 37 applied (2.4.2006) by S.I. 2006/397, reg. 34(3)(d)
C611 Ss. 37-41 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with
2009/1750, art. 2(3))
C614 Ss. 37-41 applied (with modifications) (E.W.S.) (6.4.2010) by The Rail Vehicle Accessibility (Non-
C615 Ss. 37-41 applied (with modifications) (E.W.S.) (6.4.2010) by The Train Driving Licences and
C616 S. 37 applied (with modifications) (E.W.S.) (4.7.2010 for certain purposes and otherwise 4.7.2013) by
The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), regs. 1, 18, 37(1), {Sch. 4 paras.
1, 2}
C617 Ss. 37-41 applied (with modifications) (16.1.2012) by The Railways (Interoperability) Regulations
2011 (S.I. 2011/3066), regs. 1(2), 39(2)(3)(g) (with reg. 3)
C618 S. 37 applied (with modifications) (E.W.S.) (1.10.2014) by The Explosives Regulations 2014 (S.I.
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
C619 S. 37 applied (with modifications) by S.I. 2014/1638, Sch. 12 paras. 5-7 (as substituted (E.W.S.)
1, Sch. 1 (with regs. 2(1), 15))
38 Restrictions on institution of proceedings in England and Wales.

Proceedings for an offence under any of the relevant statutory provisions shall not, in
England and Wales, be instituted except by an inspector [F161, the Environment Agency
or the Natural Resources Body for Wales] by or with the consent of the Director of
Public Prosecutions.
Textual Amendments
F161 Words in s. 38 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order
2013 (No. 755), art. 1(2), Sch. 2 para. 113 (with Sch. 7)

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31, 32, 33(1))
2014 (S.I. 2014/1663), regs. 1, 30(2)(a) (with reg. 3(1)(2))
(with reg. 3(4)(5)313233(1))
(S.I. 2018/816), regs. 1, 21(1)-(3) (with reg. 4)
2011 (S.I. 2011/3066), regs. 1(2), 39(2)(3)(g) (with reg. 3)
Ss. 18(6)(7)(b), 19-22, 23(1)(2)(5), 24-26, 33(1)(e)-(h)(o)(2)(2A)(3)(4)(e), 34(3)-(5), 35, 36(1)(2),
S. 38: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(i), 5 (with s. 3(5))
(16.4.1996) by S.I. 1996/772, reg. 17
15, Sch. 14 para. 1(b)
Ss. 19-28, 33-35, 38, 39, 41, 42 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-
(4), Sch. 15 para. 1(a)(b)
S. 38 applied (15.2.1999) by 1998 c. 17, s. 20(3), (with s. 9(1)(2), Sch. 3 para. 5(1)); S.I. 1999/161,
art. 2(1)(2)
C623 Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(d), (2)(3)
by S.I. 2003/403, regs. 1(2), 23(2)(a)(3)
by S.I. 2005/928, reg. 4(2)(3)(5)(6); s. 38 applied (2.4.2006) by S.I. 2006/397, reg. 34(3)(d)
2009/1750, art. 2(3))
1, 2}
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
1, Sch. 1 (with regs. 2(1), 15))
39 Prosecutions by inspectors.
(1) An inspector, if authorised in that behalf by the enforcing authority which appointed
him, may, although not of counsel or a solicitor, prosecute before a magistrates’ court
proceedings for an offence under any of the relevant statutory provisions.
(2) This section shall not apply to Scotland.

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31, 32, 33(1))
2014 (S.I. 2014/1663), regs. 1, 30(2)(a) (with reg. 3(1)(2))
(with reg. 3(4)(5)313233(1))
(S.I. 2018/816), regs. 1, 21(1)-(3) (with reg. 4)
2011 (S.I. 2011/3066), regs. 1(2), 39(2)(3)(g) (with reg. 3)
S. 39 extended (E.W.) (1.10.1996) by S.I. 1996/1513, reg. 10
S. 39: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(i), 5 (with s. 3(5))
S. 39 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17 S. 39 applied (with
modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)
C639 Ss. 35-39 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)_
amended by S.I. 2009/1750, art. 2(2)(4))
S. 39 applied (E.W.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(b)
C644 S. 39 applied (with modifications) (E.W.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(e); ss. 39 applied
(with modifications) (E.W.) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 39 applied (E.W.) (22.4.2005) by
S.I. 2005/928, reg. 4(2)(3)(5)(6); s. 39 applied (E.W.) (2.4.2006) by S.I. 2006/397, reg. 34(3)(d)
2009/1750, art. 2(3))
1, 2}
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(q), 2
1, Sch. 1 (with regs. 2(1), 15))
Sch. 4 para. 1(p)
Sch. 8 paras. 1(q), 2 (with regs. 3-5)
(S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(p), 2 (with reg. 88)
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(p), 2 (with reg. 3)
40 Onus of proving limits of what is practicable etc.

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.

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31, 32, 33(1))
2014 (S.I. 2014/1663), regs. 1, 30(2)(a) (with reg. 3(1)(2))
(with reg. 3(4)(5)313233(1))
(S.I. 2018/816), regs. 1, 21(1)-(3) (with reg. 4)
2011 (S.I. 2011/3066), regs. 1(2), 39(2)(3)(g) (with reg. 3)
S. 40: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(j), 5 (with s. 3(5))
by S.I. 2005/928, reg. 4(2)(3)(5)(6); s. 40 applied (E.W.S.) (2.4.2006) by S.I. 2006/397, reg. 34(3)(c)
2009/1750, art. 2(3))
41 Evidence.
(1) Where an entry is required by any of the relevant statutory provisions to be made in
any register or other record, the entry, if made, shall, as against the person by or on
whose behalf it was made, be admissible as evidence or in Scotland sufficient evidence
of the facts stated therein.
(2) Where an entry which is so required to be so made with respect to the observance
of any of the relevant statutory provisions has not been made, that fact shall be
admissible as evidence or in Scotland sufficient evidence that that provision has not
been observed.

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31, 32, 33(1))
2014 (S.I. 2014/1663), regs. 1, 30(2)(a) (with reg. 3(1)(2))
(with reg. 3(4)(5)313233(1))
(S.I. 2018/816), regs. 1, 21(1)-(3) (with reg. 4)
2011 (S.I. 2011/3066), regs. 1(2), 39(2)(3)(g) (with reg. 3)
S. 41: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(j), 5 (with s. 3(5))
C673 S. 41 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a).
by S.I. 2005/928, reg. 4(2)(3)(5)(6); s. 41 applied (2.4.2006) by S.I. 2006/397, reg. 34(3)(d)
2009/1750, art. 2(3))
1, 2}
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(r), 2
1, Sch. 1 (with regs. 2(1), 15))
Sch. 8 paras. 1(r), 2 (with regs. 3-5)
Sch. 4 para. 1(q)
(S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(q), 2 (with reg. 88)
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(q), 2 (with reg. 3)
42 Power of court to order cause of offence to be remedied or, in certain cases,

forfeiture.
(1) Where a person is convicted of an offence under any of the relevant statutory
provisions in respect of any matters which appear to the court to be matters which it
is in his power to remedy, the court may, in addition to or instead of imposing any
punishment, order him. within such time as may be fixed by the order, to take such
steps as may be specified in the order for remedying the said matters.
(2) The time fixed by an order under subsection (1) above may be extended or further
extended by order of the court on an application made before the end of that time as
originally fixed or as extended under this subsection, as the case may be.
(3) Where a person is ordered under subsection (1) above to remedy any matters, that
person shall not be liable under any of the relevant statutory provisions in respect of
those matters in so far as they continue during the time fixed by the order or any further
time allowed under subsection (2) above.
[F162(3A) Subsection (4) applies where a person is convicted of an offence consisting of
acquiring or attempting to acquire, possessing or using an explosive article or
substance (within the meaning of any of the relevant statutory provisions) in
contravention of any of the relevant statutory provisions.]
(4) Subject to the following subsection, the court by or before which [F163the person is
convicted of the offence] may order the article or substance in question to be forfeited
and either destroyed or dealt with in such other manner as the court may order.
(5) The court shall not order anything to be forfeited under the preceding subsection where
a person claiming to be the owner of or otherwise interested in it applies to be heard
by the court, unless an opportunity has been given to him to show cause why the order
should not be made.
Textual Amendments
F162 S. 42(3A) inserted (16.1.2009) by Health and Safety (Offences) Act 2008 (c. 20), ss. 2, 3(2), Sch. 3
para. 2(2) (with s. 3(3))
F163 Words in s. 42(4) substituted (16.1.2009) by Health and Safety (Offences) Act 2008 (c. 20), ss. 2(1),
3(2), Sch. 3 para. 2(3) (with s. 3(3))

2011/745), arts. 1(1), 3(2))
(with reg. 3(4), (5), 8(2)-(7), 31, 32, 33(1))
2014 (S.I. 2014/1663), regs. 1, 30(2)(a) (with reg. 3(1)(2))
(with reg. 3(4)(5)313233(1))
(S.I. 2018/816), regs. 1, 21(1)-(3) (with reg. 4)

S. 42: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(k), 5 (with s. 3(5))
C697 S. 42 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a).
by S.I. 2003/403, regs. 1(2), 23(2)(a)(3); s. 42 applied (with modifications) (E.W.S.) (3.5.2004)
by S.I. 2004/129, reg. 23(3)(e); ss. 37-42 applied (with modifications) (E.W.S.) (9.6.2004) by S.I.
2004/1309, reg. 17; s. 42 applied (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6); s. 42
applied (2.4.2006) by S.I. 2006/397, reg. 34(3)(d)
2009/1750, art. 2(3))
1, 2}
C706 S. 42 applied (with modifications) (1.10.2014) by The Explosives Regulations 2014 (S.I. 2014/1638),
reg. 1(1), Sch. 12 paras. 2, 3
(S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(s), 2
1, Sch. 1 (with regs. 2(1), 15))
2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(r), 2 (with reg. 3)
Sch. 8 paras. 1(s), 2 (with regs. 3-5)
(S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(r), 2 (with reg. 88)
Sch. 4 para. 1(r)
C716 S. 42(1) extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10

C718 S. 42(1)-(3) applied (with modifications) (E.W.S.) (6.4.2010) by The Rail Vehicle Accessibility (Non-
C719 S. 42(1)-(3) applied (with modifications) (E.W.S.) (6.4.2010) by The Train Driving Licences and
C720 S. 42(1)-(3) applied (with modifications) (16.1.2012) by The Railways (Interoperability) Regulations
2011 (S.I. 2011/3066), regs. 1(2), 39(2)(3)(g) (with reg. 3)
Financial provisions
43 Financial provisions.
(1) It shall be the duty of the Secretary of State to pay to [F164the Executive]
such sums as are approved by the Treasury and as he considers appropriate
for the purpose of enabling [F164the Executive] to perform its functions;
F165
................................
(2) Regulations may provide for such fees as may be fixed by or determined under the
regulations to be payable for or in connection with the performance by or on behalf
of any authority to which this subsection applies of any function conferred on that
authority by or under any of the relevant statutory provisions.
(3) Subsection (2) above applies to the following authorities, namely F166. . . the Executive,
the Secretary of State, . . . F167, every enforcing authority, and any other person on
whom any function is conferred by or under any of the relevant statutory provisions.
(4) Regulations under this section may specify the person by whom any fee payable under
the regulations is to be paid; but no such fee shall be made payable by a person in
any of the following capacities, namely an employee, a person seeking employment,
a person training for employment, and a person seeking training for employment.
(5) Without prejudice to section 82(3), regulations under this section may fix or provide
for the determination of different fees in relation to different functions, or in relation
to the same function in different circumstances.
[F168(6) The power to make regulations under this section shall be exercisable by the Secretary
of State F169 . . .. ]
(8) In subsection (4) above the references to a person training for employment and a
person seeking training for employment shall include respectively a person attending
an industrial rehabilitation course provided by virtue of the M4Employment and
TrainingAct 1973 and a person seeking to attend such a course.
(9) For the purposes of this section the performance by an inspector of his functions
shall be treated as the performance by the enforcing authority which appointed him
of functions conferred on that authority by or under any of the relevant statutory
provisions.
Textual Amendments
Order 2008 (S.I. 2008/960), art. 14(a)(i) (with art. 21, Sch. 2)
Executive) Order 2008 (S.I. 2008/960), art. 14(a)(ii) (with art. 21, Sch. 2)
Executive) Order 2008 (S.I. 2008/960), art. 14(b) (with art. 21, Sch. 2)
F168 S. 43(6) substituted for s. 43(6)(7) by Employment Protection Act 1975 (c. 71), Sch. 15 para. 12
F169 Words in s. 43(6) repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. (with art. 6)

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
Marginal Citations
M4 1973 c. 50.
[F170 Railway safety levy E+W+S

43A
(1) The Secretary of State may make regulations requiring persons who provide railway
services to pay railway safety levy.
(2) Railway safety levy shall be applied only for the purpose of meeting expenses incurred
—
[F171(a) in respect of activities undertaken by the [F172Office of Rail and Road] under
or by virtue of this Act or Schedule 3 to the Railways Act 2005; or
(b) in respect of activities in relation to a transport system falling within paragraph
1(3) of that Schedule that are undertaken by that Office under or by virtue of
any other enactment.]
(3) The railway safety levy shall not be used to meet—
(a) an expense in respect of which a fee is payable under regulations made under
section 43, or
(b) an expense in respect of a matter specified by the regulations for the purpose
of this paragraph.
(4) Where an expense is incurred partly in respect of activity within subsection (2)(a) or
(b) and partly in respect of other activity, the railway safety levy may be used to meet
a part of that expense which is reasonably referable to activity within subsection (2)
(a) or (b).
(5) Regulations under subsection (1) may, in particular, determine or enable the [F172Office
of Rail and Road] to determine—
(a) the total amount of the railway safety levy to be imposed in respect of a
specified period;
(b) the persons by whom the levy is to be paid;
(c) the criteria for assessing the proportion of the levy to be paid by a particular
person (which may, in particular, refer to the size of a person’s income or
provide for an amount to be reduced or waived in specified circumstances);
(d) the periods in respect of which the levy is to be paid;
(e) the manner in which the levy is to be paid;
(f) the person to whom the levy is to be paid;
(g) when the levy is to be paid.
(6) Regulations under subsection (1) may, in particular, enable the [F172Office of Rail and
Road]—
(a) to require a person who provides railway services to supply information for
the purposes of the consideration of a matter specified in subsection (5);
(b) where information requested is not supplied, to make assumptions;
(c) to revise a determination of a matter specified in subsection (5)(whether
before, during or after the period to which it relates);
(d) to make refunds.
(7) Regulations by virtue of subsection (6)(a) may, in particular, make provision—
(a) about the manner and timing of the supply of information;
(b) about certification of the accuracy of information supplied;
(c) creating a criminal offence in connection with the supply of inaccurate or
misleading information (but not an offence punishable with imprisonment).
(8) Regulations under subsection (1) may enable payment to be enforced by civil
proceeding.
(9) For the purposes of this section a person provides railway services if he manages
or controls, or participates in managing or controlling, a transport system [F173falling
within paragraph 1(3) of Schedule 3 to the Railways Act 2005] .]
Extent Information
Textual Amendments
F170 S. 43A inserted (10.9.2003) by Railways and Transport Safety Act 2003 (c. 20), ss. 105(1), 120
F171 S. 43A(2)(a)(b) substituted (E.W.S.) (7.2.2006) by Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para.
12(2); S.I. 2006/266, art. 2(1)(a)(b)
F172 Words in s. 43A substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name)
Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(c)(iii)
F173 Words in s. 43A(9) substituted (E.W.S.) (7.2.2006) by Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3
para. 12(4); S.I. 2006/266, art. 2(1)(a)(b)

2011/745), arts. 1(1), 3(2))
C728 Ss. 1-59, 80-82 applied by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as
amended (5.8.2009) by S.I. 2009/1750, art. 2(2)(4))
2009/1750, art. 2(3))
43A Railway safety levy N.I.

(1) The Secretary of State may make regulations requiring persons who provide railway
services to pay railway safety levy.
(2) Railway safety levy shall be applied only for the purpose of meeting expenses incurred
—
(a) in respect of activity undertaken by the Executive in reliance on section 117
of the Railways Act 1993 (safety of railways, &c.), or
(b) in respect of activity undertaken by the Executive, under or by virtue of any
other enactment, in relation to a transport system to which that section applies.
(3) The railway safety levy shall not be used to meet—
(a) an expense in respect of which a fee is payable under regulations made under
section 43, or
(b) an expense in respect of a matter specified by the regulations for the purpose
of this paragraph.
(4) Where an expense is incurred partly in respect of activity within subsection (2)(a) or
(b) and partly in respect of other activity, the railway safety levy may be used to meet
a part of that expense which is reasonably referable to activity within subsection (2)
(a) or (b).
(5) Regulations under subsection (1) may, in particular, determine or enable the
Commission or the Executive to determine—
(a) the total amount of the railway safety levy to be imposed in respect of a
specified period;
(b) the persons by whom the levy is to be paid;
(c) the criteria for assessing the proportion of the levy to be paid by a particular
person (which may, in particular, refer to the size of a person’s income or
provide for an amount to be reduced or waived in specified circumstances);
(d) the periods in respect of which the levy is to be paid;
(e) the manner in which the levy is to be paid;
(f) the person to whom the levy is to be paid;
(g) when the levy is to be paid.
(6) Regulations under subsection (1) may, in particular, enable the Commission or the
Executive—
(a) to require a person who provides railway services to supply information for
the purposes of the consideration of a matter specified in subsection (5);
(b) where information requested is not supplied, to make assumptions;
(c) to revise a determination of a matter specified in subsection (5)(whether
before, during or after the period to which it relates);
(d) to make refunds.
(7) Regulations by virtue of subsection (6)(a) may, in particular, make provision—
(a) about the manner and timing of the supply of information;
(b) about certification of the accuracy of information supplied;
(c) creating a criminal offence in connection with the supply of inaccurate or
misleading information (but not an offence punishable with imprisonment).
(8) Regulations under subsection (1) may enable payment to be enforced by civil
proceeding.
(9) For the purposes of this section a person provides railway services if he manages
or controls, or participates in managing or controlling, a transport system to which
section 117 of the Railways Act 1993 applies.
Extent Information

2009/1750, art. 2(3))
C869 Ss. 1-59, 80-82 applied by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as
amended (5.8.2009) by S.I. 2009/1750, art. 2(2)(4))
Miscellaneous and supplementary
44 Appeals in connection with licensing provisions in the relevant statutory

provisions.
(1) Any person who is aggrieved by a decision of an authority having power to issue
licences F174...under any of the relevant statutory provisions—
(a) refusing to issue him a licence, to renew a licence held by him, or to transfer
to him a licence held by another;
(b) issuing him a licence on or subject to any term, condition or restriction
whereby he is aggrieved;
(c) varying or refusing to vary any term, condition or restriction on or subject to
which a licence is held by him; or
(d) revoking a licence held by him,
may appeal to the Secretary of State.
(2) The Secretary of State may, in such cases as he considers it appropriate to do so, having
regard to the nature of the questions which appear to him to arise, direct that an appeal
under this section shall be determined on his behalf by a person appointed by him for
that purpose.
(3) Before the determination of an appeal the Secretary of State shall ask the appellant
and the authority against whose decision the appeal is brought whether they wish to
appear and be heard on the appeal and—
(a) the appeal may be determined without a hearing of the parties if both of them
express a wish not to appear and be heard as aforesaid;
(b) the Secretary of State shall, if either of the parties expresses a wish to appear
and be heard, afford to both of them an opportunity of so doing.
(4) The Tribunals and Inquiries Act [F1751992] 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 [F175section 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.
F176
(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) A person who determines an appeal under this section on behalf of the Secretary
of State and the Secretary of State, if he determines such an appeal, may give such
directions as he considers appropriate to give effect to his determination.
(6) The Secretary of State may pay to any person appointed to hear or determine an appeal
under this section on his behalf such remuneration and allowances as the Secretary of
State may with the approval of the Minister for the Civil Service determine.
(7) In this section—
(a) “licence” means a licence under any of the relevant statutory provisions F177...;
F178
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F179
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F174 Words in s. 44(1) omitted (1.4.2014) by virtue of Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para.
10(2); S.I. 2014/251, art. 4
F175 Words in s. 44(4) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2),
Sch. 3 para.9
F176 S. 44(4A) omitted (19.9.2013) by virtue of The Public Bodies (Abolition of Administrative Justice and
Tribunals Council) Order 2013 (S.I. 2013/2042), art. 1(2), Sch. para. 2
F177 Words in s. 44(7)(a) omitted (1.4.2014) by virtue of Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para.
10(3)(a); S.I. 2014/251, art. 4
F178 S. 44(7)(b) omitted (1.4.2014) by virtue of Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 10(3)(b);
S.I. 2014/251, art. 4
F179 S. 44(8) omitted (1.4.2014) by virtue of Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 10(4); S.I.
2014/251, art. 4

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
C733 S. 44 applied (1.10.2014) by The Petroleum (Consolidation) Regulations 2014 (S.I. 2014/1637), regs.
1(2), 11(2) (with reg. 3(1))
C734 S. 44 applied (1.10.2014) by The Petroleum (Consolidation) Regulations 2014 (S.I. 2014/1637), regs.
1(2), 15(2) (with reg. 3(1))
C735 S. 44(2)-(6) applied (13.5.2000) by S.I. 1999/3232, reg. 5(6)
C736 S. 44(2)-(6) applied (26.4.2005) by S.I. 2005/1082, reg. 19
C737 S. 44(2)-(6) applied (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), regs.
1(2), 6(8), 7(7), Sch. 3 para. 19 (with regs. 2(5), 3, 40, Sch. 8)
45 Default powers.
(1) Where, in the case of a local authority who are an enforcing authority, [F180the
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 [F180the
Executive] may make a report to the Secretary of State.
(2) The Secretary of State may, after considering a report submitted to him under
the preceding subsection, cause a local inquiry to be held; and the provisions of
subsections (2) to (5) of section 250 of the M5Local Government Act 1972 as to local
inquiries shall, without prejudice to the generality of subsection (1) of that section,
apply to a local inquiry so held as they apply to a local inquiry held in pursuance of
that section.
(3) If the Secretary of State is satisfied, after having caused a local inquiry to be held
into the matter, that a local authority have failed to perform any of their enforcement
functions, he may make an order declaring the authority to be in default.
(4) An order made by virtue of the preceding subsection which declares an authority
to be in default may, for the purpose of remedying the default, direct the authority
(hereafter in this section referred to as “the defaulting authority”) to perform such of
their enforcement functions as are specified in the order in such manner as may be so
specified and may specify the time or times within which those functions are to be
performed by the authority.
(5) If the defaulting authority fail to comply with any direction contained in such an order
the Secretary of State may, instead of enforcing the order by mandamus, make an
order transferring to the Executive such of the enforcement functions of the defaulting
authority as he thinks fit.
(6) Where any enforcement functions of the defaulting authority are transferred in
pursuance of the preceding subsection, the amount of any expenses which the
Executive certifies were incurred by it in performing those functions shall on demand
be paid to it by the defaulting authority.
(7) Any expenses which in pursuance of the preceding subsection are required to be paid
by the defaulting authority in respect of any enforcement functions transferred in
pursuance of this section shall be defrayed by the authority in the like manner, and shall
be debited to the like account, as if the enforcement functions had not been transferred
and the expenses had been incurred by the authority in performing them.
(8) Where the defaulting authority are required to defray any such expenses the authority
shall have the like powers for the purpose of raising the money for defraying those
expenses as they would have had for the purpose of raising money required for
defraying expenses incurred for the purpose of the enforcement functions in question.
(9) An order transferring any enforcement functions of the defaulting authority in
pursuance of subsection (5) above may provide for the transfer to the Executive of
such of the rights, liabilities and obligations of the authority as the Secretary of State
considers appropriate; and where such an order is revoked the Secretary of State may,
by the revoking order or a subsequent order, make such provision as he considers
appropriate with respect to any rights, liabilities and obligations held by the Executive
for the purposes of the transferred enforcement functions.
(10) The Secretary of State may by order vary or revoke any order previously made by him
in pursuance of this section.
(11) In this section “enforcement functions”, in relation to a local authority, means the
functions of the authority as an enforcing authority.
(a) in subsection (2) for the words “subsections (2) to (5) of section 250 of
the M6Local Government Act 1972” there shall be substituted the words
“subsections (2) to (8) of section 210 of the M7Local 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 M8Local
Government (Scotland) Act 1947”;
(b) in subsection (5) the words “instead of enforcing the order by mandamus”
shall be omitted.
Textual Amendments

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
Marginal Citations
M5 1972 c. 70.
M6 1972 c. 70.
M7 1973 c. 65.
M8 1947 c. 43.
46 Service of notices.
(1) Any notice required or authorised by any of the relevant statutory provisions to be
served on or given to an inspector may be served or given by delivering it to him or
by leaving it at, or sending it by post to, his office.
(2) Any such notice required or authorised to be served on or given to a person other than
an inspector may be served or given by delivering it to him, or by leaving it at his
proper address, or by sending it by post to him at that address.
(3) Any such notice may—
(a) in the case of a body corporate, be served on or given to the secretary or clerk
of that body;
(b) in the case of a partnership, be served on or given to a partner or a person
having the control or management of the partnership business or, in Scotland,
the firm.
(4) For the purposes of this section and of [F181section 7 of the M9Interpretation Act 1978]
(service of documents by post) in its application to this section, the proper address of
any person on or to whom any such notice is to be served or given shall be his last
known address, except that—
(a) in the case of a body corporate or their secretary or clerk, it shall be the address
of the registered or principal office of that body;
(b) in the case of a partnership or a person having the control or the management
of the partnership business, it shall be the principal office of the partnership;
and for the purposes of this subsection the principal office of a company registered
outside the United Kingdom or of a partnership carrying on business outside the United
Kingdom shall be their principal office within the United Kingdom.
(5) If the person to be served with or given any such notice has specified an address within
the United Kingdom other than his proper address within the meaning of subsection (4)
above as the one at which he or someone on his behalf will accept notices of the same
description as that notice, that address shall also be treated for the purposes of this
section and [F181section 7 of the Interpretation Act 1978] as his proper address.
(6) Without prejudice to any other provision of this section, any such notice required or
authorised to be served on or given to the owner or occupier of any premises (whether
a body corporate or not) may be served or given by sending it by post to him at those
premises, or by addressing it by name to the person on or to whom it is to be served
or given and delivering it to some responsible person who is or appears to be resident
or employed in the premises.
(7) If the name or the address of any owner or occupier of premises on or to whom any
such notice as aforesaid is to be served or given cannot after reasonable inquiry be
ascertained, the notice may be served or given by addressing it to the person on or to
whom it is to be served or given by the description of “owner” or “occupier” of the
premises (describing them) to which the notice relates, and by delivering it to some
responsible person who is or appears to be resident or employed in the premises, or,
if there is no such person to whom it can be delivered, by affixing it or a copy of it
to some conspicuous part of the premises.
(8) The preceding provisions of this section shall apply to the sending or giving of a
document as they apply to the giving of a notice.
Textual Amendments
F181 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

2011/745), arts. 1(1), 3(2))
S. 46 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10 S. 46: power to apply conferred
(E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(l), 5 (with s. 3(5))
by S.I. 2003/403, regs. 1(2), 23(2)(a)(3); s. 46 applied (with modifications) (E.W.S.) (9.6.2004) by S.I.
2004/1309, reg. 17
1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(i)
(subject to (4)-(6)) (with art. 7)
2009/1750, art. 2(3))
Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(h)
Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(h)
(S.I. 2011/3066), regs. 1(2), 39(2)(3)(h) (with reg. 3)
C749 S. 46 applied (1.3.2014) by The Biocidal Products and Chemicals (Appointment of Authorities and
Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(4), 29(1) (with reg. 3(4)(5)31)
C750 S. 46 applied by SI 1975/335 reg. 11(3) (as substituted (1.4.2014) by The Energy Act 2013 (Office for
Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014
(S.I. 2014/469), art. 1(2), Sch. 3 para. 175 (with Sch. 4))
1, Sch. 1 (with regs. 2(1), 15))
2018/816), regs. 1, 21(1)-(3) (with reg. 4)
Marginal Citations
M9 1978 c. 30.
47 Civil liability.
(1) Nothing in this Part shall be construed—
(a) as conferring a right of action in any civil proceedings in respect of any failure
to comply with any duty imposed by sections 2 to 7 or any contravention of
section 8; or
F182
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) as affecting the operation of section 12 of the M10Nuclear Installations Act

1965 (right to compensation by virtue of certain provisions of that Act).
[F183(2) 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.
(2A) 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).
(2B) Regulations under this section may include provision for—
(a) a defence to be available in any action for breach of the duty mentioned in
subsection (2) or (2A);
(b) any term of an agreement which purports to exclude or restrict any liability
for such a breach to be void.]
(3) No provision made by virtue of section 15(6)(b) shall afford a defence in any civil
proceedings F184...
(4) Subsections (1)(a) [F185, (2) and (2A)] above are without prejudice to any right of action
which exists apart from the provisions of this Act, and subsection [F186(2B)(a)] above
is without prejudice to any defence which may be available apart from the provisions
of the regulations there mentioned.
F187
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F187
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
of State.]
Textual Amendments
F182 S. 47(1)(b) omitted (25.4.2013 for specified purposes, 1.10.2013 for remaining purposes) by virtue of
Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 69(2), 103(1)(i), (3) (with s. 69(8)-(10)); S.I.
2013/2227, art. 2(f)
F183 S. 47(2)-(2B) substituted for s. 47(2) (25.4.2013 for specified purposes, 1.10.2013 for remaining
purposes ) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 69(3), 103(1)(i), (3), (3) (with s.
69(8)-(10)); S.I. 2013/2227, art. 2(f)
F184 Words in s. 47(3) omitted (25.4.2013 for specified purposes, 1.10.2013 for remaining purposes) by
virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 69(4), 103(1)(i), (3) (with s. 69(8)-
(10)); S.I. 2013/2227, art. 2(f)
F185 Words in s. 47(4) substituted (25.4.2013 for specified purposes, 1.10.2013 for remaining purposes) by
Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 69(5)(a), 103(1)(i), (3) (with s. 69(8)-(10));
S.I. 2013/2227, art. 2(f)
F186 Word in s. 47(4) substituted (25.4.2013 for specified purposes, 1.10.2013 for remaining purposes) by
Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 69(5)(b), 103(1)(i), (3) (with s. 69(8)-(10));
S.I. 2013/2227, art. 2(f)
F187 S. 47(5)(6) omitted (25.4.2013 for specified purposes, 1.10.2013 for remaining purposes) by virtue of
Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 69(6), 103(1)(i), (3) (with s. 69(8)-(10)); S.I.
2013/2227, art. 2(f)
F188 s. 47(7) inserted (25.4.2013 for specified purposes, 1.10.2013 for remaining purposes) by Enterprise
and Regulatory Reform Act 2013 (c. 24), ss. 69(7), 103(1)(i), (3), (3) (with s. 69(8)-(10)); S.I.
2013/2227, art. 2(f)

2011/745), arts. 1(1), 3(2))
regs. 7, 9
2009/1750, art. 2(3))
C756 S. 47(2) applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(c)
Marginal Citations
M10 1965 c. 57.
48 Application to Crown.
(1) Subject to the provisions of this section, the provisions of this Part, except sections 21
to 25 and 33 to 42, and of regulations made under this Part shall bind the Crown.
(2) Although they do not bind the Crown, sections 33 to 42 shall apply to persons in the
public service of the Crown as they apply to other persons.
(3) For the purposes of this Part and regulations made thereunder persons in the service
of the Crown shall be treated as employees of the Crown whether or not they would
be so treated apart from this subsection.
(4) Without prejudice to section 15(5), the Secretary of State may, to the extent that it
appears to him requisite or expedient to do so in the interests of the safety of the State
or the safe custody of persons lawfully detained, by order exempt the Crown either
generally or in particular respects from all or any of the provisions of this Part which
would, by virtue of subsection (1) above, bind the Crown.
(5) The power to make orders under this section shall be exercisable by statutory
instrument, and any such order may be varied or revoked by a subsequent order.
(6) Nothing in this section shall authorise proceedings to be brought against Her Majesty
in her private capacity, and this subsection shall be construed as if section 38(3) of
the M11Crown Proceedings Act 1947 (interpretation of references in that Act to Her
Majesty in her private capacity) were contained in this Act.

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
C760 S. 48(1) applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(f)
C761 S. 48(1)-(3) applied (with modifications) (30.7.2018) by The Cableway Installations Regulations 2018
(S.I. 2018/816), regs. 1, 21(1)-(3) (with reg. 4)
C764 S. 48(4) modified (E.W.) (25.09.1991) by Atomic Weapons Establishment Act 1991 (c. 46, SIF 8), ss.
3, 6, Sch. para. 7(1).
Marginal Citations
M11 1947 c. 44.
49 Adaptation of enactments to metric units or appropriate metric units.

(1) [F189Regulations made under this subsection may amend]—
(a) any of the relevant statutory provisions; or
(b) any provision of an enactment which relates to any matter relevant to any
of the general purposes of this Part but is not among the relevant statutory
provisions; or
(c) any provision of an instrument made or having effect under any such
enactment as is mentioned in the preceding paragraph,
by substituting an amount or quantity expressed in metric units for an amount or
quantity not so expressed or by substituting an amount or quantity expressed in metric
units of a description specified in the regulations for an amount or quantity expressed
in metric units of a different description.
(2) The amendments shall be such as to preserve the effect of the provisions mentioned
except to such extent as in the opinion of the [F189authority making the regulations] is
necessary to obtain amounts expressed in convenient and suitable terms.
(3) Regulations made F190. . . 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 [F189if the authority
making the regulations] is of the opinion that those words could be omitted without
altering the effect of that provision.
of State F192. . .].
Textual Amendments
F189 Words substituted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 15(1)
F191 S. 49(4) substituted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 15(2)

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
50 Regulations under the relevant statutory provisions.

[F193(1) Where any power to make regulations under any of the relevant statutory provisions
is exercisable by the Secretary of State, that power may be exercised either—
(a) so as to give effect (with or without modifications) to proposals submitted by
the Executive under section 11(3); or
(b) subject to subsection (1AA), independently of such proposals.
(1AA) The Secretary of State shall not exercise the power referred to in subsection (1)
independently of proposals from the Executive unless [F194the Secretary of State has
consulted— ]
(a) the Executive,
(b) the Office for Nuclear Regulation, and
(c) such other bodies as appear to the Secretary of State to be appropriate.]
[F195(1A) Subsection (1) does not apply to the exercise of a power to make regulations so far
as it is exercised—
(a) for giving effect (with or without modifications) to proposals submitted by
the [F196Office of Rail and Road] under paragraph 2(5) of Schedule 3 to the
Railways Act 2005; or
(b) otherwise for or in connection with the railway safety purposes.]
(2) Where the [F197authority 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 [F198— .
(a) the Executive, and
(b) the Office for Nuclear Regulation.]
(3) Where [F199the Executive] proposes to submit [F200under section [F20111(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—
[F202(za) the Office for Nuclear Regulation;]
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 appearsF203...;
(b) such government departments and other bodies, if any, as, in relation to any
matter dealt with in the proposals, [F199the Executive] is required to consult
under this subsection by virtue of directions given to it by the Secretary of

State.
[F204(4) 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—
(a) any representations made by the Office for Nuclear Regulation in response to
the consultation, and
(b) any response to those representations given by the Executive to the Office for
Nuclear Regulation.
(5) 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—
(a) 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
(b) making ONR fees regulations which give effect to such proposals but with
modifications.
(6) 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—
(a) the Office for Nuclear Regulation, or
(b) any inspector appointed by the Office for Nuclear Regulation.]
F205
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F193 S. 50(1)(1AA) substituted (1.4.2008) for s. 50(1) by The Legislative Reform (Health and Safety
F194 Words in s. 50(1AA) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 11(2);
S.I. 2014/251, art. 4
F195 S. 50(1A) inserted (E.W.S.) (1.4.2006) by Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para. 13; S.I.
2006/266, art. 2(2), Sch.
F196 Words in s. 50(1A)(a) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name)
Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(c)(iv)
F198 Words in s. 50(2) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 11(3);
S.I. 2014/251, art. 4
F202 S. 50(3)(za) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 11(4); S.I.
2014/251, art. 4
F204 S. 50(4)-(6) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 11(5); S.I.
2014/251, art. 4

2011/745), arts. 1(1), 3(2))
amended by S.I. 2009/1750, art. 2(2)(4))
2009/1750, art. 2(3))
51 Exclusion of application to domestic employment.

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.

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
[F206 Application of Part to police. E+W

51A
(1) For the purposes of this Part, a person who, otherwise than under a contract of
employment, holds the office of constable or an appointment as police cadet shall be
treated as an employee of the relevant officer.
(2) In this section “ the relevant officer ”—
(a) in relation to a member of a police force or a special constable or police cadet
appointed for a police area, [F207means—,
(i) the chief officer of police of that force, or
(ii) 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,]
[ (b) in relation to a member of a police force seconded to the [F209 National Crime
F208
Agency to serve as a National Crime Agency officer ], means that Agency,

and]
(c) in relation to any other person holding the office of constable or an
appointment as police cadet, [F210means—
(i) the person who has the direction and control of the body of constables
or cadets in question, or
(ii) 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)
F211
(2A) above, shall [F212 , if not a corporation sole, ]be treated as a corporation sole.
(2B) Where, in a case in which the relevant officer, as so defined, is guilty of an offence
by virtue of this section, it is proved—
(a) that the officer-holder personally consented to the commission of the offence,
(b) that he personally connived in its commission, or
(c) that the commission of the offence was attributable to personal neglect on his
part,
the office-holder (as well as the corporation sole) shall be guilty of the offence and
(2C) In subsection (2B) above “ the office-holder ”, in relation to the relevant officer, means
an individual who, at the time of the consent, connivance or neglect—
(a) held the office or other position mentioned in subsection (2) above as the
office or position of that officer; or
(b) was for the time being responsible for exercising and performing the powers
and duties of that office or position.
(2D) The provisions mentioned in subsection (2E) below (which impose the same liability
for unlawful conduct of constables on persons having their direction or control as
would arise if the constables were employees of those persons) do not apply to any
liability by virtue of this Part.
(2E) Those provisions are—
[F213(a) section 24 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) ; ]
(b) section 88(1) of the Police Act 1996;
(c) F214 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) F214 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001;
F215
[ (f) paragraph 2 of Schedule 4 to the Crime and Courts Act 2013;]
[ paragraph 20 of Schedule 1 to the Police and Justice Act 2006;]
F216
(g)
(2F) In the application of this section to Scotland—
(a) subsection (2A) shall have effect as if for the words “corporation sole” there
were substituted distinct juristic person (that is to say, as a juristic person
distinct from the individual who for the time being is the office-holder);
(b) subsection (2B) shall have effect as if for the words “corporation sole” there
were substituted juristic person; and
(c) subsection (2C) shall have effect as if for the words “subsection (2B)” there
were substituted subsections (2A) and (2B).]
(3) For the purposes of regulations under section 2(4) above—
(a) the Police Federation for England and Wales shall be treated as a recognised
trade union recognised by each chief officer of police in England and Wales,
(b) the Police Federation for Scotland shall be treated as a recognised trade union
recognised by [F217the chief constable of the Police Service of Scotland], and
(c) any body recognised by the Secretary of State for the purposes of section 64
of the Police Act 1996 shall be treated as a recognised trade union recognised
by each chief officer of police in England, Wales and Scotland.
(4) Regulations under section 2(4) above may provide, in relation to persons falling within
subsection (2)(b) or (c) above, that a body specified in the regulations is to be treated
as a recognised trade union recognised by such person as may be specified.]
Extent Information
E8 This version of this provision extends to England and Wales only; a separate version has been created
for Scotland only
Textual Amendments
F206 S. 51A inserted (E.W.S.) (1.7.1998) by 1997 c. 42, s. 1; S.I. 1998/1542, art. 2
F207 Words in s. 51A(2)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011
(c. 13), s. 157(1), Sch. 16 para. 119(2)(a); S.I. 2011/3019, art. 3, Sch. 1
F208 S. 51A(2)(b) substituted (E.W.) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c.15), ss.
59, 178, Sch. 4 para. 20; S.I. 2006/378, art. 4, Sch. para. 10
F209 Words in s. 51A(2)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8
para. 21(2); S.I. 2013/1682, art. 3(v)
F210 Words in s. 51A(2)(c) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011
(c. 13), s. 157(1), Sch. 16 para. 119(2)(b); S.I. 2011/3019, art. 3, Sch. 1
F211 S. 51A(2A)-(2F) inserted (7.4.2005) by Serious Organised Crime and Police Act 2005 (c. 15), s.
158(1)(5)-(7)
F212 Words in s. 51A(2A) inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011
(c. 13), s. 157(1), Sch. 16 para. 119(3); S.I. 2011/3019, art. 3, Sch. 1
F213 S. 51A(2E)(a) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012
(Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 2(a)
F214 S. 51A(2E)(c)(d) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53(1), Sch. 15 Pt.
1(A); S.I. 2007/709, art. 3(o)(q) (subject to art. 6)
F215 S. 51A(2E)(f) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para.
21(3); S.I. 2013/1682, art. 3(v)
F216 S. 51A(2E)(g) inserted (1.4.2007.) by Police and Justice Act 2006 (c. 48), ss. 1, 53(1), Sch. 1 para. 54;
S.I. 2007/709, art. 3(a) (subject to art. 6)
F217 Words in s. 51A(3)(b) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012
(Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 1 para. 2(b)

2011/745), arts. 1(1), 3(2))
C774 S. 51A applied (14.4.1999) by S.I. 1999/860, art. 2
2009/1750, art. 2(3))
[F206 Application of Part to police. S

51A
(1) For the purposes of this Part, a person who, otherwise than under a contract of
employment, holds the office of constable or an appointment as police cadet shall be
treated as an employee of the relevant officer.
(2) In this section “ the relevant officer ”—
(a) in relation to a member of a police force or a special constable or police cadet
appointed for a police area, means the chief officer of police,
(b) in relation to a person holding office under section 9(1)(b) or 55(1)(b) of
the Police Act 1997 (police members of the National Criminal Intelligence
Service and the National Crime Squad) means the Director General of the
National Criminal Intelligence Service or, as the case may be, the Director
General of the National Crime Squad, and
(c) in relation to any other person holding the office of constable or an
appointment as police cadet, means the person who has the direction and
control of the body of constables or cadets in question.
[ For the purposes of this Part the relevant officer, as defined by subsection (2)(a) or (c)
F211
(2A) above, shall be treated as a corporation sole.
(2B) Where, in a case in which the relevant officer, as so defined, is guilty of an offence
by virtue of this section, it is proved—
(a) that the officer-holder personally consented to the commission of the offence,
(b) that he personally connived in its commission, or
(c) that the commission of the offence was attributable to personal neglect on his
part,
the office-holder (as well as the corporation sole) shall be guilty of the offence and
(2C) In subsection (2B) above “ the office-holder ”, in relation to the relevant officer, means
an individual who, at the time of the consent, connivance or neglect—
(a) held the office or other position mentioned in subsection (2) above as the
office or position of that officer; or
(b) was for the time being responsible for exercising and performing the powers
and duties of that office or position.
(2D) The provisions mentioned in subsection (2E) below (which impose the same liability
for unlawful conduct of constables on persons having their direction or control as
would arise if the constables were employees of those persons) do not apply to any
liability by virtue of this Part.
(2E) Those provisions are—
(a) section 39 of the Police (Scotland) Act 1967;
(b) section 88(1) of the Police Act 1996;
(c) F354 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) F354 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001;
F215
[ (f) paragraph 2 of Schedule 4 to the Crime and Courts Act 2013;]
[ paragraph 20 of Schedule 1 to the Police and Justice Act 2006;]
F216
(g)
(2F) In the application of this section to Scotland—
(a) subsection (2A) shall have effect as if for the words “corporation sole” there
were substituted distinct juristic person (that is to say, as a juristic person
distinct from the individual who for the time being is the office-holder);
(b) subsection (2B) shall have effect as if for the words “corporation sole” there
were substituted juristic person; and
(c) subsection (2C) shall have effect as if for the words “subsection (2B)” there
were substituted subsections (2A) and (2B).]
(3) For the purposes of regulations under section 2(4) above—
(a) the Police Federation for England and Wales shall be treated as a recognised
trade union recognised by each chief officer of police in England and Wales,
(b) the Police Federation for Scotland shall be treated as a recognised trade union
recognised by each chief officer of police in Scotland, and
(c) any body recognised by the Secretary of State for the purposes of section 64
of the Police Act 1996 shall be treated as a recognised trade union recognised
by each chief officer of police in England, Wales and Scotland.
(4) Regulations under section 2(4) above may provide, in relation to persons falling within
subsection (2)(b) or (c) above, that a body specified in the regulations is to be treated
as a recognised trade union recognised by such person as may be specified.]
Extent Information
E17 This version of this provision extends to Scotland only; a separate version has been created for
England and Wales only
Textual Amendments
F206 S. 51A inserted (E.W.S.) (1.7.1998) by 1997 c. 42, s. 1; S.I. 1998/1542, art. 2
F211 S. 51A(2A)-(2F) inserted (7.4.2005) by Serious Organised Crime and Police Act 2005 (c. 15), s.
158(1)(5)-(7)
F215 S. 51A(2E)(f) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para.
21(3); S.I. 2013/1682, art. 3(v)
F216 S. 51A(2E)(g) inserted (1.4.2007.) by Police and Justice Act 2006 (c. 48), ss. 1, 53(1), Sch. 1 para. 54;
S.I. 2007/709, art. 3(a) (subject to art. 6)
F354 S. 51A(2E)(c)(d) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53(1), Sch. 15 Pt.
1(A); S.I. 2007/709, art. 3(o)(q) (subject to art. 6)

2011/745), arts. 1(1), 3(2))
C774 S. 51A applied (14.4.1999) by S.I. 1999/860, art. 2
2009/1750, art. 2(3))
52 Meaning of work and at work.

(1) For the purposes of this Part—
(a) “work” means work as an employee or as a self-employed person;

(b) an employee is at work throughout the time when he is in the course of his
employment, but not otherwise;
[F218(bb) a person holding the office of constable is at work throughout the time when
he is on duty, but not otherwise; and]
(c) a self-employed person is at work throughout such time as he devotes to work
as a self-employed person;
and, subject to the following subsection, the expressions “work” and “at work”, in
whatever context, shall be construed accordingly.
(2) Regulations made under this subsection may—
(a) extend the meaning of “work” and “at work” for the purposes of this Part; and
(b) in that connection provide for any of the relevant statutory provisions to have
effect subject to such adaptations as may be specified in the regulations.
[F219(3) The power to make regulations under subsection (2) above shall be exercisable by the
Secretary of State F220 . . .. ]
Textual Amendments
F218 S. 52(1)(bb) substituted for word in s. 52(1)(b) (E.W.S.) (1.7.1998) by 1997 c. 42, s. 2; S.I. 1998/1542,
art. 2
F219 S. 52(3) substituted for s. 52(3)(4) by Employment Protection Act 1975 (c. 71), Sch. 15 para. 17

2011/745), arts. 1(1), 3(2))
C779 S. 52 applied (E.W.S.) (1.4.2006) by Railways Act 2005 (c. 14), ss. 2, 60, {Sch. 3 para. 11(10))}; S.I.
2006/266, art. 2(2), Sch.
2009/1750, art. 2(3))
C781 S. 52(1) applied (1.4.2014) by Energy Act 2013 (c. 32), ss. 112(2)(a), 156(1) (with ss. 107, 111); S.I.
2014/251, art. 4
C782 S. 52(2)(a) applied (1.4.2014) by Energy Act 2013 (c. 32), ss. 112(2)(b), 156(1) (with ss. 107, 111);
S.I. 2014/251, art. 4
53 General interpretation of Part I.

(1) In this Part, unless the context otherwise requires—
F221
................................
“article for use at work” means—
(a) any plant designed for use or operation (whether exclusively or not) by
persons at work, and
(b) any article designed for use as a component in any such plant;
[F222 “ 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;
F223
................................
“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;
[F224 “ customs officer ” means an officer within the meaning of the Customs and
Excise Management Act M12 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
[F225or 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 [F22610(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;
F227
................................
F228
[ “ fairground equipment ” means any fairground ride, any similar plant which
is designed to be in motion for entertainment purposes with members of the
public on or inside it or any plant which is designed to be used by members of
the public for entertainment purposes either as a slide or for bouncing upon, and
in this definition the reference to plant which is designed to be in motion with
members of the public on or inside it includes a reference to swings, dodgems
and other plant which is designed to be in motion wholly or partly under the
control of, or to be put in motion by, a member of the public; ]
“the general purposes of this Part” has the meaning assigned by section 1;
“health and safety regulations” has the meaning assigned by section 15(1);
“hire-purchase agreement” means an agreement other than a conditional sale
agreement, under which—
(a) goods are bailed or (in Scotland) hired in return for periodical payments
by the person to whom they are bailed or hired; and
(b) the property in the goods will pass to that person if the terms of the
agreement are complied with and one or more of the following occurs:
(i) the exercise of an option to purchase by that person;
(ii) the doing of any other specified act by any party to the
agreement;
(iii) the happening of any other event;
and “hire-purchase” shall be construed accordingly;
“improvement notice” means a notice under section 21;
“inspector” means an inspector appointed under section 19;
F227
................................
“local authority” means—
(a) in relation to England F229. . ., a county council, F230. . . a district council,
a London borough council, the Common Council of the City of London,
the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the
Middle Temple,
(aa) [F231in relation to Wales, a county council or a county borough council,]
(b) in relation to Scotland, a [F232council constituted under section 2 of the
Local Government etc. (Scotland) Act 1994];
F233
[ “ micro-organism ” includes any microscopic biological entity which is
capable of replication; ]
[F234“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;
[F235“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—
(a) any vehicle, vessel, aircraft or hovercraft,
(b) any installation on land (including the foreshore and other land
intermittently covered by water), any offshore installation, and any other
installation (whether floating, or resting on the seabed or the subsoil
thereof, or resting on other land covered with water or the subsoil
thereof), and
(c) any tent or moveable structure;
“prescribed” means prescribed by regulations made by the Secretary of State;
“prohibition notice” means a notice under section 22;
[F236“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);]
F227
................................
F237
[ “ railway safety purposes ” has the same meaning as in Schedule 3 to the
Railways Act 2005; ]
“the relevant statutory provisions” means—
(a) the provisions of this Part and of any health and safety regulations F238. . .;
and
(b) the existing statutory provisions;
“self-employed person” means an individual who works for gain or reward
otherwise than under a contract of employment, whether or not he himself
employs others;
“substance” means any natural or artificial substance [F239(including micro-
organisms)], whether in solid or liquid form or in the form of a gas or vapour;
F240
................................
“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.
F241
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F221 Definitions repealed by Employment Protection Act 1975 (c. 71), Sch. 18
F222 Definition inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 7(a)
F223 S. 53(1): definition of "the Commission" omitted (1.4.2008) by virtue of The Legislative Reform
(Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 17(a) (with art. 21, Sch. 2)
F224 Definition inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 7(b)
F225 S. 53(1): words in definition of "employee" inserted (E.W.S.) (1.7.1998) by 1997 c. 42, s. 6(1); S.I.
1998/1542, art. 2
F226 S. 53(1): word in definition of "the Executive" substituted (1.4.2008) by The Legislative Reform
(Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 17(b) (with art. 21, Sch. 2)
F227 Definition repealed by Employment Protection Act 1975 (c. 71), Sch. 18
F228 Definition inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 7(c)
F229 S. 53(1): words in definition of "local authority" repealed (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9
para. 9, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F230 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F231 S. 53(1): in definition of "local authority" para. (aa) inserted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9
para. 9 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F232 S. 53(1): words in definition of "local authority" substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1),
Sch. 13 para. 93(3); S.I. 1996/323, art. 4(1)(b)(c)
F233 Definition inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 7(d)
F234 Words in s. 53(1) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 12(a); S.I.
2014/251, art. 4
F235 Words in s. 53(1) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 12(b); S.I.
2014/251, art. 4
F236 Words in s. 53(1) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 12(c); S.I.
2014/251, art. 4
F237 S. 53(1): definition of "railway safety purposes" inserted (E.W.S) (1.4.2006) by Railways Act 2005
(c. 14), ss. 2, 60, Sch. 3 para. 15(3); S.I. 2006/266, art. 2(2), Sch.
F239 Words inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 7(e)
F240 Definition repealed by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 48(3), Sch. 5
Part II – The Employment Medical Advisory Service

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
C786 In s. 53: definition of "relevant statutory provisions" applied by Tay Road Bridge Order Confirmation
Act 1991 (c. iv), s. 1, Sch. Pt. VII s. 62
In s. 53: definition of "relevant statutory provisions" applied (25.7.1991) by Highland Regional
Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 1, Sch. s. 61(1)(f)
Marginal Citations
M12 1979 c.2(40:1).
54 Application of Part I to Isles of Scilly.

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.

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
PART II
THE EMPLOYMENT MEDICAL ADVISORY SERVICE
55 Functions of, and responsibility for maintaining, employment medical advisory

service.
(1) There shall continue to be an employment medical advisory service, which shall be
maintained for the following purposes, that is to say—
(a) securing that the Secretary of State, [F242the Health and Safety Executive] ,
F243
. . . 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;
(b) giving to employed persons and persons seeking or training for employment
information and advice on health in relation to employment and training for
employment;
(c) other purposes of the Secretary of State’s functions relating to employment.
(2) 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 [F244the 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.
(3) 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.
(4) 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).
[F245(5) 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.]
(6) In subsection (1) above—
(a) the reference to persons training for employment shall include persons
attending industrial rehabilitation courses provided by virtue of the
M13
Employment and Training Act 1973; and
(b) the reference to persons (other than the Secretary of State and the [F246the
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.
Textual Amendments
F243 Words repealed by virtue of Employment Act 1988 (c. 19, SIF 43:5), s. 33(1), Sch. 3 Pt. II para. 7(a)
and Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(4), Sch. 6 para. 11(2), Sch. 7 Pt. I

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
Marginal Citations
M13 1973 c. 50.
56 Functions of authority responsible for maintaining the service.

(1) 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—
(a) where that authority is the Secretary of State, the approval of the Minister for
the Civil Service;
(b) otherwise, the approval of the Secretary of State given with the consent of
that Minister.
(2) A person shall not be qualified to be appointed, or to be, an employment medical
adviser unless he is a fully registered medical practitioner [F247who holds a licence to
practise].
(3) 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.
(4) 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.
Textual Amendments
F247 Words in s. 56(2) inserted (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by
S.I. 2002/3135, art. 16(1)(3), Sch. 1 para. 7(1) (with transitional provisions in Sch. 2)

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
57 Fees.
(1) 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.
(2) 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.
(3) 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.
(4) 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.

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
58 Other financial provisions.

(1) The authority for the time being responsible for maintaining the employment medical
advisory service may pay—
(a) to employment medical advisers such salaries or such fees and travelling or
other allowances; and
(b) 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
(c) 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,
as the authority may, with the requisite approval, determine.
(2) For the purposes of the preceding subsection the requisite approval is—
(a) where the said authority is the Secretary of State, the approval of the Minister
for the Civil Service;
(b) otherwise, the approval of the Secretary of State given with the consent of
that Minister.
(3) 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.

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
59 Duty of responsible authority to keep accounts and to report.

(1) It shall be the duty of the authority for the time being responsible for maintaining the
employment medical advisory service—
(a) to keep, in relation to the maintenance of that service, proper accounts and
proper records in relation to the accounts;
(b) 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
(c) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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
[F248the Executive](which is subject to corresponding duties under Schedule 2) or on
the Secretary of State.
(6) 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.
Textual Amendments
F248 Words s. 59(5) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order

2011/745), arts. 1(1), 3(2))
2009/1750, art. 2(3))
60 Supplementary.
(1) It shall be the duty of the Secretary of State to secure that[F249the National Health
Service Commissioning Board or each clinical commissioning group (in relation to
England) and each Local Health Board (in relation to Wales)][F250arranges for] a fully
registered medical practitioner [F251who 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.
(2) In its application to Scotland the preceding subsection shall have effect with the
substitution of the words “every Health Board arrange F252...” for the words from
[F253“the National” to “arranges”].
F254
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) 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.
(5) The following provisions of the M14Employment 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—
(a) 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
(b) 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.
(6) 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.
(7) Nothing in subsection (5) or (6) above shall be taken as prejudicing the operation of
[F255sections 16(1) and 17(2)(a) of the M15Interpretation Act 1978] (which relates to
the effect of repeals).
Textual Amendments
F249 Words in s. 60(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5
para. 19(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F250 Words in s. 60(1) substitued (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17,
ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 99 (with Sch. 2 paras. 6, 16)
F251 Words in s. 60(1) inserted (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by
2002/3135, art. 16(1)(3), Sch. 1 para. 7(2) (with transitional provisions in Sch. 2)
F252 Words in s. 60(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4),
Sch. 5 para. 19(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F253 Words in s. 60(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5
para. 19(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F254 S. 60(3) repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. XIII
F255 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

C805 S. 60(1): functions not to be exercised by a primary care trust (1.4.2000) by virtue of S.I. 2000/695,
art. 4(1), Sch. 4; which amendment falls (1.4.2002) by virtue of S.I. 2002/555, reg. 6(2)(a)
Marginal Citations
M14 1972 c. 28.
M15 1978 c. 30.
Part III – Building Regulations, and Amendment of Building (Scotland) Act 1959
PART III
M16
BUILDING REGULATIONS, AND AMENDMENT OF BUILDING (SCOTLAND) ACT 1959
Marginal Citations
M16 1959 c. 24.
F256
61, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
62.
Textual Amendments
F256 Ss. 61, 62, 63(5)(6)(7), 64–69, 70(2)–(8), 71–74, 76, Sch. 5 and Sch. 6 repealed by Building Act 1984
(c. 55, SIF 15), s. 133(2), Sch. 7
63 Miscellaneous provisions as to the approval of plans.

F257
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F258
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F257 S. 63(1)–(4) repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s.
47, Sch. 7 Pt. XVI
(c. 55, SIF 15), s. 133(2), Sch. 7
F259
64 ................................
—69.
Textual Amendments
(c. 55, SIF 15), s. 133(2), Sch. 7
70 Power to make building regulations for Inner London.

F260
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F261
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F260 S. 70(1) repealed by Building Act 1984 (c. 55, SIF 15), ss. 132, 133(2), Sch. 5 para. 5, Sch. 7
(c. 55, SIF 15), s. 133(2), Sch. 7
Part IV – Miscellaneous and General
F262
71 ................................
—74.
Textual Amendments
(c. 55, SIF 15), s. 133(2), Sch. 7
75 Amendment of Building (Scotland) Act 1959.

F263
................................
Textual Amendments
F263 S. 75 repealed (S.) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 58, Sch. 6 para. 9, S.S.I.
2004/404, arts. 2(1), 3, 4
F264
76 ................................
Textual Amendments
(c. 55, SIF 15), s. 133(2), Sch. 7
PART IV
MISCELLANEOUS AND GENERAL
Extent Information
E9 For the application of Pt. IV to Northern Ireland see s. 84(1).
X1
77 Amendment of Radiological Protection Act 1970.
[F265(1) 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—
(a) after subsection (6) there shall be inserted as subsection (6A)—
“(6A) In carrying out such of their functions as relate to matters to which
functions of the Health and Safety Commission relate, the Board shall
(without prejudice to subsection (7) below) act in consultation with
the Commission and have regard to the Commission’s policies with
respect to such matters.”
(b) after subsection (7) there shall be inserted as subsections (7A) and (7B)—
“(7A) Without prejudice to subsection (6) or (7) above, it shall be the duty
of the Board, if so directed by the Health Ministers, to enter into an
agreement with the Health and Safety Commission for the Board to
carry out on behalf of the Commission such of the Commission’s
functions relating to ionising or other radiations (including those
which are not electo-magnetic) as may be determined by or in
accordance with the direction ; and the Board shall have the power
to carry out any agreement entered into in pursuance of a direction
under this subsection.
(7B) The requirement as to consultation in subsection (7) above shall not
apply to a direction under subsection (7A).”
(c) in subsection (8), after the words “subsection (7)” there shall be inserted the
words “ or (7A) ”.
(2) 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 M17Offices, 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. ”]
Editorial Information
X1 The text of ss. 75, 77, 78(1)–(3)(5)–(9), 83, Sch. 7, Sch. 9 para. 1, and Sch. 10 is in the form in which
it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not
reflect any amendments or repeals which may have been made prior to 1.2.1991
Textual Amendments
F265 S. 77 repealed (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 11, 12, Sch. 4; S.I.
2005/121, art. 2(2)
Marginal Citations
M17 1963 c. 41.
78 Amendment of Fire Precautions Act 1971.
[F266X2(1) The M18Fire Precautions Act 1971 shall be amended in accordance with the following
provisions of this section.
X2
(2) 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)—
“(f) use of place of work.”
F267
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F268
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X2
(5) 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 ”.
X2
(6) In section 17 (duty of fire authorities to consult other authorities before requiring
alterations to buildings)—
(a) 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)—
“(iii) if the premises are used as a place of work and
are within the field of responsibility of one or more
enforcing authorities within the meaning of Part I of
the Health and Safety at Work etc. Act 1974, consult
that authority or each of those authorities.”;
(b) 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 ”;
(c) after subsection (2) there shall be added as subsection (3)—
“(3) Section 18(7) of the Health and Safety at Work etc. Act 1974
(meaning in Part I of that Act of “enforcing authority” and of such an
authority’s “field of respeonsibility”) shall apply for the purposes of
this section as it applies for the purposes of that Part.”
X2
(7) In section 18 (enforcement of Act)—
(a) for the word “it” there shall be substituted the words “ (1) Subject to
subsection (2) below, it ”;
(b) for the word “section” there shall be substituted the word “ subsection ”; and
(c) [F269after the word “offence” there shall be added as subsection (2)—
“(2) A fire authority shall have power to arrange with the Health and
Safety Commission for such of the authority’s functions under this
Act as may be specified in the arrangements to be performed on their
behalf by the Health and Safety Executive (with or without payment)
in relation to any particular premises so specified which are used as
a place of work.”]
X2
(8) In section 40 (application to Crown etc.)—
(a) 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)) ”;
(b) 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 ”;
(c) 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 ”;
F270
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X2
(9) In section 43(1) (interpretation) there shall be added at the end the following definition
—
““work” has the same meaning as it has for the purposes of Part I of the
Health and Safety at Work etc. Act 1974”
(10) Schedule 8 (transitional provisions with respect to fire certificates under the
M19
Factories Act 1961 or the M20Offices, Shops and Railway Premises Act 1963) shall
have effect.]
Textual Amendments
F266 S. 78 repealed (E.W.) (1.4.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541),
art. 53(2), Sch. 4 (with art. 49) and s. 78 repealed (S.) by The Fire (Scotland) Act 2005 (Consequential
Modifications and Savings) Order 2006, art. 2(2), {Sch. 2}
F267 S. 78(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XVI Group 1.
F268 S. 78(4) repealed by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 45A), s. 49, Sch. 4
F269 S. 78(7)(c) repealed (E.W.S.) (1.4.2006) by Railways Act 2005 (c. 14), ss. 59, 60, Sch. 13 Pt. 1 (with
s. 14(4)(5), Sch. 11 para. 11(2)); S.I. 2006/266, art. 2(2), Sch.
F270 S. 78(8)(d) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3
Marginal Citations
M18 1971 c. 40.
M19 1961 c. 34.
M20 1963 c. 41.
F271
79 ................................
Textual Amendments
F271 S. 79 repealed by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 29,
Sch. 1
80 General power to repeal or modify Acts and instruments.

(1) 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.
(2) Subsection (1) above applies to any provision, not being among the relevant statutory
provisions, which—
(a) is contained in this Act or in any other Act passed before or in the same Session
as this Act; or
(b) 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
(c) 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.
[F272(2A) Subsection (1) above shall apply to provisions in [F273the 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-
enacted]provisions previously contained in the M21Redundancy Payments Act 1965,
the M22Contracts of Employment Act 1972 or the M23Trade Union and Labour Relations
Act 1974 as it applies to provisions contained in Acts passed before or in the same
Session as this Act.]
(3) 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).
[F274(4) The power to make regulations under subsection (1) above shall be exercisable by the
Secretary of State F275. . .; but the authority who is to exercise the power shall, before
exercising it, consult such bodies as appear to him to be appropriate.
(5) In this section “the relevant statutory provisions” has the same meaning as in Part I.].
Textual Amendments
F272 S. 80(2A) inserted by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 16 para. 17
F273 Words in s. 80(2A) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 5 (with ss.
191-195, 202)
F274 S. 80(4)(5) substituted for S. 80(4)-(6) by Employment Protection Act 1975 (c. 71), Sch. 15 para. 19
F275 Words in s. 80(4) repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with art. 6)

C806 S. 80 extended by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), s. 12(3)
C808 S. 80 extended by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 170B(5), as inserted by
Electricity Act 1989 (c. 29, SIF 44:1), s. 102, Sch. 13
2009/1750, art. 2(3))
C811 Ss. 80-82 applied by S.I. 2001/2127 art. 8A 8B (as inserted (6.4.2011) by The Health and Safety at
Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts.
1(1), 3(2))
C812 S. 80(1) extended (E.W.) by British Waterways Act 1983 (c. ii), s. 19(1), and (S.) by Civic
Government (Scotland) Act 1982 (c. 45, SIF 81:2), s. 109
C813 S. 80(1) extended (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(2)
S. 80(1) extended (E.W.S.) (27.8.1993) by 1993 c. 11, ss. 67(1), 68(2), Sch. 4 para. 1.
C814 S. 80(1) applied (18.6.1992) by Pittenweem Harbour Order Confirmation Act 1992 (c. ix), s. 1, Sch. s.
22(2)
C815 S. 80(1) applied (16.7.1992) by Peterhead Harbours Order Confirmation Act 1992 (c. xii), s. 1, Sch. s.
61
S. 80(1) applied (27.8.1993) by 1993 c. 12, ss. 49(2), 51(2), Sch. 5 Pt. I para. 6 (with ss. 42, 46).
S. 80(1) applied (5.9.2002) by S.S.I 2002/410, art. 57(2) (with arts. 59, 61)
C816 S. 80(1) applied (S.) (23.5.2008) by The Dumfries and Galloway Council (Port William) Harbour
Empowerment Order 2008 (S.S.I. 2008/188), art. 53(2) (with arts. 53-56)
C817 S. 80(1) applied (S.) (23.5.2008) by The Dumfries and Galloway Council (Isle of Whithorn) Harbour
C818 S. 80(1) applied (S.) (23.5.2008) by The Dumfries and Galloway Council (Garlieston) Harbour
Marginal Citations
M21 1965 c. 62.
M22 1972 c. 53.
M23 1974 c. 52.
81 Expenses and receipts.

There shall be paid out of money provided by Parliament—
(a) any expenses incurred by a Minister of the Crown or government department
for the purposes of this Act; and
(b) any increase attributable to the provisions of this Act in the sums payable
under any other Act out of money so provided;
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.

1(1), 3(2))
Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art.
2009/1750, art. 2(3))
82 General provisions as to interpretation and regulations.

(1) In this Act—
(a) “Act” includes a provisional order confirmed by an Act;
(b) “contravention” includes failure to comply, and “contravene” has a
corresponding meaning;
(c) “modifications” includes additions, omissions and amendments, and related
expressions shall be construed accordingly;
(d) 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.
(2) 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.
(3) Any power conferred by Part I or II or this Part to make regulations—
(a) 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
(b) shall be exercisable by statutory instrument, which [F276(unless
[F277subsection (3A), (3B) or (4)] applies)] shall be subject to annulment in
pursuance of a resolution of either House of Parliament.
[F278(3A) 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).]
[F279(3B) 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.]
[F280(4) 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.]
Textual Amendments
F276 Words in s. 82(3)(b) inserted (10.9.2003) by Railways and Transport Safety Act 2003 (c. 20), s. 105(3)
(a)
F277 Words in s. 82(3)(b) substituted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in
force) by Deregulation Act 2015 (c. 20), ss. 1(5)(a), 115(2)(a) (with s. 1(6)); S.I. 2015/1732, art. 2(a)
F278 S. 82(3A) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 13(3); S.I.
2014/251, art. 4
F279 S. 82(3B) inserted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by
Deregulation Act 2015 (c. 20), ss. 1(5)(b), 115(2)(a) (with s. 1(6)); S.I. 2015/1732, art. 2(a)
F280 S. 82(4) inserted (10.9.2003) by Railways and Transport Safety Act 2003 (c. 20), s. 105(3)(b)

1(1), 3(2))
2009/1750, art. 2(3))
F281
83 ................................
Textual Amendments
F281 S. 83 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XVI Group1.
84 Extent, and application of Act.

(1) This Act, except—
(a) Part I and this Part so far as may be necessary to enable regulations under
section 15 [F282or 30] to be made and operate for the purpose mentioned in
paragraph 2 of Schedule 3; and
(b) paragraphs F283. . . 3 of Schedule 9,
does not extend to Northern Ireland.
(2) Part III, except section 75 and Schedule 7, does not extend to Scotland.
(3) 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.
(4) An Order in Council under subsection (3) above—
(a) may make different provision for different circumstances or cases;
(b) 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;
(c) 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;
(d) may exclude from the operation of section 3 of the M24Territorial Waters
Jurisdiction Act 1878 (consents required for prosecutions) proceedings for
offences under any provision of Part I committed outside Great Britain;
(e) may be varied or revoked by a subsequent Order in Council under this section;
and any such Order shall be subject to annulment in pursuance of a resolution of either
House of Parliament.
[F284(5) 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.]
(6) 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.
Textual Amendments
F282 Words repealed (E.W.)(S.) by Employment Protection Act 1975 (c. 71), Sch. 18
F283 Words repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3
F284 S. 84(5) repealed (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), ss. 3(1)(b), 7(2), Sch. 2
Marginal Citations
M24 1878 c. 73.
85 Short title and commencement.

(1) This Act may be cited as the Health and Safety at Work etc. Act 1974.
(2) 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.
(3) 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).

C824 Power of appointment conferred by s. 85(2) partly exercised: S.I. 1974/1439, 1975/344, 1364,
1977/294, 1980/208, 269
SCHEDULE 1 – Existing Enactments which are Relevant Statutory Provisions
SCHEDULES
SCHEDULE 1 Sections 1 and 53.
EXISTING ENACTMENTS WHICH ARE RELEVANT STATUTORY PROVISIONS

C825 Sch. 1 amended (E.W.S) (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 10(1)(b)(3); S.I. 1996/218, art. 2
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 The whole Act.
1882.
1890 c. 35. The Boiler Explosions Act The whole Act.
1890.
1906 c. 14. The Alkali, &c. Works The whole Act.
Regulation Act 1906.
1909 c. 43. The Revenue Act 1909. Section 11.
F285 F285 F285
... ... ...

1920 c. 65. The Employment of Women, The whole Act.
Young Persons and Children
Act 1920.
[F2861922 c. 35.] The Celluloid and The whole Act.
Cinematograph Film Act
1922.
F287 F287 F287
... ... ...

1926 c. 43. The Public Health (Smoke The whole Act.
Abatement) Act 1926.
1928 c. 32. The Petroleum The whole Act.
(Consolidation) Act 1928.
1936 c. 22. The Hours of Employment The whole Act except
(Conventions) Act 1936. section 5.
SCHEDULE 1 – Existing Enactments which are Relevant Statutory Provisions
1936 c. 27. The Petroleum (Transfer of The whole Act.

Licences) Act 1936.
1937 c. 45. The Hydrogen Cyanide The whole Act.
(Fumigation) Act 1937.
1945 c. 19. The Ministry of Fuel and Section 1(1) so far as it
Power Act 1945. 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 Section 42(1) and (2).
Nationalisation Act 1946.
1948 c. 37. The Radioactive Substances Section 5(1)(a).
Act 1948.
1951 c. 21. The Alkali, &c. Works The whole Act.
Regulation (Scotland) Act
1951.
F288 F288 F288
... ... ...

1952 c. 60. The Agriculture (Poisonous The whole Act.
Substances) Act 1952.
F289 F289 F289
... ... ...

... ... ...
F290 F290 F290
1954 c. 70. The Mines and Quarries Act The whole Act except
1954. section 151.
1956 c. 49. The Agriculture (Safety, The whole Act.
Health and Welfare
Provisions) Act 1956.
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 The whole Act.
Railway Premises Act 1963.
F291 F291 F291
... ... ...

F292 F292 F292
... ... ...

1971 c. 20. The Mines Management Act The whole Act.
1971.
SCHEDULE 2 – Additional Provisions Relating to the Constitution etc. of the Health and Safety
Executive
1972 c. 28. The Employment Medical The whole Act except

Advisory Service Act 1972. sections 1 and 6 and
Schedule 1.
Textual Amendments
F285 Sch. 1: "reference to the Anthrax Prevention Act 1919" repealed (6.4.2005) by The Anthrax Prevention
Order 1971 etc. (Revocation) Regulations 2005 (S.I. 2005/228), art. 2(2)
F286 Words in Sch. 1 repealed (6.4.2013) by The Health and Safety (Miscellaneous Repeals, Revocations and
Amendments) Regulations 2013 (S.I. 2013/448), reg. 1, Sch. Table 3
F287 Sch. 1: entry repealed (26.4.2005) by The Manufacture and Storage of Explosives Regulations 2005 (S.I.
2005/1082), reg. 28(1)(2), Sch. 5 para. 14, Sch. 6 Pt. 1
F290 Entry inserted by Sex Discrimination Act 1975 (c. 65), Sch. 5 para. 3 and repealed by Sex Discrimination
Act 1986 (c. 59, SIF 106:1), s. 9(2), Sch. Pt. III
F291 Words in Sch. 1 omitted (1.4.2014) by virtue of Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 14;
S.I. 2014/251, art. 4
F292 Words in Sch. 1 repealed (6.4.2015) by The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch.
3 Pt. 1 (with reg. 1(3))
[F293SCHEDULE 2
ADDITIONAL PROVISIONS RELATING TO THE CONSTITUTION

ETC. OF THE HEALTH AND SAFETY EXECUTIVE
Textual Amendments
F293 Sch. 2 substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I.
2008/960), art. 20, Sch. 1 (with art. 21, Sch. 2)
Section 10
THE HEALTH AND SAFETY EXECUTIVE

1 The Executive shall consist of—
(a) the Chair of the Executive, and
(b) at least seven and no more than [F294 twelve ]other members (referred to in
this Schedule as “ members ”).
Textual Amendments
F294 Word in Sch. 2 para. 1(b) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para.
15(2); S.I. 2014/251, art. 4
Executive
2 (1) The Secretary of State shall appoint the Chair of the Executive.
(2) [F295Subject to sub-paragraph (3A), ]The Secretary of State shall appoint the other
members of the Executive according to sub-paragraph (3).
(3) The Secretary of State—
(a) shall appoint three members after consulting such organisations representing
employers as he considers appropriate;
(b) shall appoint three members after consulting such organisations representing
employees as he considers appropriate;
(c) shall appoint one member after consulting such organisations representing
local authorities as he considers appropriate; and
(d) may appoint up to four other members after consulting, as he considers
appropriate—
(i) the Scottish Ministers,
(ii) the Welsh Ministers, or
(iii) such organisations as he considers appropriate, including
professional bodies, whose activities are concerned with matters
relating to the general purposes of this Part.
[F296(3A) The Office for Nuclear Regulation may appoint a member from among the non-
executive members of the Office for Nuclear Regulation (“an ONR member”).
(3B) The Office for Nuclear Regulation must notify the Executive and the Secretary of
State whenever it appoints an ONR member.]
(4) Service as the Chair or as another member of the Executive is not service in the civil
service of the State.
(5) 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.
Textual Amendments
F295 Words in Sch. 2 para. 2(2) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 15(3);
S.I. 2014/251, art. 4
F296 Sch. 2 para. 2(3A), (3B) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 15(4);
S.I. 2014/251, art. 4
TERMS OF APPOINTMENT OF THE EXECUTIVE

3 Subject to paragraphs 4 [F297, 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.
Textual Amendments
F297 Word in Sch. 2 para. 3 inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 15(5);
S.I. 2014/251, art. 4
4 The Chair or any other member of the Executive [F298 , other than an ONR member,]
may at any time resign his office by giving notice in writing to the Secretary of State.
Executive
Textual Amendments
F298 Words in Sch. 2 para. 4 inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 15(6);
S.I. 2014/251, art. 4
[F2994A(1) An ONR member may at any time resign from office by giving notice in writing to
the Office for Nuclear Regulation.
(2) 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.
(3) The Office for Nuclear Regulation may remove an ONR member from office by
giving notice in writing.
(4) The Office for Nuclear Regulation must notify the Executive and the Secretary of
State whenever an ONR member—
(a) resigns from office,
(b) ceases to be a non-executive member of the Office for Nuclear Regulation, or
(c) is removed from office.]
Textual Amendments
F299 Sch. 2 para. 4A inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 15(7); S.I.
2014/251, art. 4
5 The Secretary of State may remove a Chair or other member [F300 , other than an
ONR member, ]who—
(a) has been absent from meetings of the Executive for a period longer than
six months without the permission of the Executive;
(b) has become bankrupt or [F301has 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;
(c) in Scotland, has had his estate sequestrated or has made a trust deed for
creditors or a composition contract;
(d) has become incapacitated by physical or mental illness; or
(e) is otherwise, in the opinion of the Secretary of State, unable or unfit to carry
out his functions.
Textual Amendments
F300 Words in Sch. 2 para. 5 inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 15(8);
S.I. 2014/251, art. 4
F301 Words in Sch. 2 para. 5(b) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007
(Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 6 (with art. 5)
REMUNERATION OF MEMBERS
6 (1) The Executive shall pay [F302—
(a) to each member, other than an ONR member, such remuneration, and
(b) to each member such travelling and other allowances,
Executive
as may be determined by the Secretary of State.]

(2) The Executive shall pay to, or in respect of, any member [F303 other than an ONR
member ], such sums by way of pension, superannuation allowances and gratuities
as the Secretary of State may determine.
(3) Where a person ceases to be a member [F304other 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.
[F305(4) Where—
(a) a member appointed under paragraph 4(4)(a) of Schedule 7 to the Energy
Act 2013 to be a member of the Office for Nuclear Regulation (the “ HSE
member of the ONR”)—
(i) ceases to be the HSE member of the ONR otherwise than on the
expiry of his or her term of office as HSE member of the ONR, but
(ii) does not cease to be a member of the Executive, and
(b) it appears to the Executive that there are special circumstances that make it
right for that person to receive compensation,
the Executive may pay the member such amount by way of compensation as the
Secretary of State may determine.]
Textual Amendments
F302 Words in Sch. 2 para. 6(1) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para.
15(10); S.I. 2014/251, art. 4
F303 Words in Sch. 2 para. 6(2) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para.
15(11); S.I. 2014/251, art. 4
F304 Words in Sch. 2 para. 6(3) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para.
15(12); S.I. 2014/251, art. 4
F305 Sch. 2 para. 6(4) inserted (10.3.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 15(13); S.I.
2014/251, art. 3(f)(i)
PROCEEDINGS OF THE EXECUTIVE

7 (1) The Executive may regulate its own procedure.
(2) 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.
(3) The Executive shall consult with the Secretary of State before making or revising its
rules and procedures for dealing with conflicts of interest.
(4) The Executive shall from time to time publish a summary of its rules and procedures.
STAFF
8 (1) 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.
Executive
(2) 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.
(3) 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.
(4) A person appointed to the staff of the Executive may not at the same time be a member
of the Executive.
(5) Service as a member of staff of the Executive is service in the civil service of the
State.
PERFORMANCE OF FUNCTIONS
9 (1) 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—
(a) such members of the Executive or members of staff of the Executive as the
Executive considers fit to authorise for that purpose, whether generally or
specifically; or
(b) any committee of the Executive which has been so authorised.
(2) 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.
(3) The Executive—
(a) shall authorise such of its members of staff as it considers fit to authorise for
that purpose, to perform on its behalf those of its functions which consist of
the enforcement of the relevant statutory provisions in any particular case;
but
(b) shall not authorise any member or committee of the Executive to make
decisions concerning the enforcement of the relevant statutory provisions in
any particular case.
(4) The Executive shall not authorise any person to legislate by subordinate instrument.
(5) The Executive shall publish any authorisations which it makes under this paragraph.
ACCOUNTS AND REPORTS

10 (1) It shall be the duty of the Chief Executive—
(a) to keep proper accounts and proper records in relation to the accounts;
(b) to prepare in respect of each accounting year a statement of accounts in such
form as the Secretary of State may direct with the approval of the Treasury;
and
(c) to send copies of the statement to the Secretary of State and the Comptroller
and Auditor General before the end of November next following the
accounting year to which the statement relates.
(2) 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.
SCHEDULE 3 – Subject-Matter of Health and Safety Regulations
(3) 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.
(4) The Secretary of State shall lay the report referred to in sub-paragraph (3) before
each House of Parliament.
(5) 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.
SUPPLEMENTAL
11 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.
12 (1) 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.
(2) A document purporting to be duly executed under the seal of the Executive shall be
received in evidence and shall be deemed to be so executed unless the contrary is
proved.
(3) This paragraph does not apply to Scotland.]
SCHEDULE 3 Section 15.
SUBJECT-MATTER OF HEALTH AND SAFETY REGULATIONS

1 (1) Regulating or prohibiting—
(a) the manufacture, supply or use of any plant;
(b) the manufacture, supply, keeping or use of any substance;
(c) the carrying on of any process or the carrying out of any operation.
(2) Imposing requirements with respect to the design, construction, guarding,
siting, installation, commissioning, examination, repair, maintenance, alteration,
adjustment, dismantling, testing or inspection of any plant.
(3) 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.
(4) Imposing requirements with respect to the testing, labelling or examination of any
substance.
(5) Imposing requirements with respect to the carrying out of research in connection
with any activity mentioned in subparagraphs (1) to (4) above.
2 (1) 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.
(2) 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 [F306the Customs and Excise Acts 1979]
the Act under which the offence is to be punished.
Textual Amendments
F306 Words substituted by Customs and Excise Management Act 1979 (c. 2), Sch. 4 para. 12 Table Pt. I
3 (1) Prohibiting or regulating the transport of articles or substances of any specified

description.
(2) 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.
4 (1) 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.
(2) Providing for the grant, renewal, variation, transfer and revocation of licences
(including the variation and revocation of conditions attached to licences).
5 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.
6 (1) 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.
(2) Restricting the performance of specified functions to persons possessing specified
qualifications or experience.
7 Regulating or prohibiting the employment in specified circumstances of all persons
or any class of persons.
8 (1) Requiring the making of arrangements for securing the health of persons at work or
other persons, including arrangements for medical examinations and health surveys.
(2) Requiring the making of arrangements for monitoring the atmospheric or other
conditions in which persons work.
9 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.
10 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.
11 Imposing requirements with respect to the provision and use in specified

circumstances of protective clothing or equipment, including clothing affording
protection against the weather.
12 Requiring in specified circumstances the taking of specified precautions in
connection with the risk of fire.
13 (1) 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.
(2) Prohibiting or imposing requirements in connection with the emission of noise,
vibrations or any ionising or other radiations.
(3) Imposing requirements with respect to the monitoring of any such emission as is
mentioned in the preceding sub-paragraphs.
14 Imposing requirements with respect to the instruction, training and supervision of
persons at work.
15 (1) Requiring in specified circumstances, specified matters to be notified in a specified
manner to specified persons.
(2) 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.
16 Imposing requirements with respect to the keeping and preservation of records and
other documents, including plans and maps.
17 Imposing requirements with respect to the management of animals.
18 The following purposes as regards premises of any specified description where
persons work, namely—
(a) 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;
(b) securing that persons in the premises leave them in specified circumstances.
19 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.
20 Restricting, prohibiting or requiring the doing of any specified thing where any
accident or other occurrence of a specified kind has occurred.
21 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—
(a) conferring on employers or other persons power to make rules or give
directions with respect to matters affecting health or safety;
(b) requiring employers or other persons to make rules with respect to any such
matters;
(c) 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
SCHEDULE 3A – OFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY
(d) 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.
22 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.
Interpretation
23 (1) In this Schedule “specified” means specified in health and safety regulations.
(2) 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.
[F307SCHEDULE 3A
OFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY
Textual Amendments
F307 Sch. 3A inserted (16.1.2009) by Health and Safety (Offences) Act 2008 (c. 20), ss. 1(2), 3(2), Sch. 1
(with s. 3(3))

C826 Sch. 3A applied (with modifications) (E.W.S.) (1.10.2014) by The Explosives Regulations 2014 (S.I.
2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
C827 Sch. 3A applied (with modifications) by S.I. 2014/1638, Sch. 12 paras. 5-7 (as substituted (E.W.S.)
1, Sch. 1 (with regs. 2(1), 15))
C828 Sch. 3A applied (with modifications) (30.7.2018) by The Cableway Installations Regulations 2018 (S.I.
2018/816), regs. 1, 21(1)-(3) (with reg. 4)
1 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 Penalty on

summary conviction on
conviction indictment
An offence under Summarily or on Imprisonment for a Imprisonment for a
section 33(1) indictment. term not exceeding term not exceeding
(a) consisting 12 months, or a two years, or a
of a failure to [F308fine], or both. fine, or both.
discharge a duty to
which a person is
SCHEDULE 3A – OFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY
subject by virtue of
sections 2 to 6.
section 33(1) indictment. term not exceeding term not exceeding
(a) consisting 12 months, or a two years, or a
of a failure to [F309fine], or both. fine, or both.
discharge a duty to
which a person is
subject by virtue of
section 7.
section 33(1)(b) indictment. term not exceeding term not exceeding
consisting of a 12 months, or a two years, or a
contravention of [F308fine], or both. fine, or both.
section 8.
An offence under Summarily or on A [F308fine]. A fine.
section 33(1)(b) indictment.
consisting of a
contravention of
section 9.
section 33(1)(c). indictment. term not exceeding term not exceeding
12 months, or a two years, or a
[F308fine], or both. fine, or both.
An offence under Summarily only. A [F310fine].
section 33(1)(d).
section 33(1)(e), indictment. term not exceeding term not exceeding
(f) or (g). 12 months, or a two years, or a
An offence under Summarily only. Imprisonment
section 33(1)(h). for a term not
exceeding 51
weeks (in England
and Wales) or
12 months (in
Scotland), or a
[F310fine], or both.
An offence under Summarily or on A [F309fine]. A fine.
section 33(1)(i). indictment.
section 33(1)(j). indictment. term not exceeding term not exceeding
section 33(1)(k), indictment. term not exceeding term not exceeding
(l) or (m).
SCHEDULE 4

An offence under Summarily only. A [F310fine].
section 33(1)(n).
section 33(1)(o). indictment. term not exceeding term not exceeding
An offence Summarily or on Imprisonment for a Imprisonment for a
under the indictment. term not exceeding term not exceeding
existing statutory 12 months, or a two years, or a
provisions [F308fine], or both. fine, or both.
for which no
other penalty is
specified.
Textual Amendments
F308 Words in Sch. 3A para. 1 substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment
of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch.
4 para. 7(a) (with reg. 5(1))
4 para. 7(b) (with reg. 5(1))
4 para. 7(c) (with reg. 5(1))
2 (1) This paragraph makes transitional modifications of the table as it applies to England
and Wales.
(2) In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003 (general limit on magistrates' court's powers to
imprison), a reference to imprisonment for a term not exceeding 12 months is to be
read as a reference to imprisonment for a term not exceeding six months.
(3) 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.]
F311
SCHEDULE 4
Textual Amendments
F311 Sch. 4 repealed by Employment Protection Act 1975 (c. 71), Sch. 18
................................
SCHEDULE 5
F312
SCHEDULE 5
Textual Amendments
(c. 55, SIF 15), s. 133(2), Sch. 7
................................
F313
SCHEDULE 6
Textual Amendments
(c. 55, SIF 15), s. 133(2), Sch. 7
................................
F314F314X3
SCHEDULE 7
................................
Textual Amendments
F314 Sch. 7 repealed (S.) (1.5.2005) by Building (Scotland) Act 2003 (asp 8), s. 58, Sch. 6 para. 9, S.S.I.
2004/404, arts. 2(1), 3, 4
[F315SCHEDULE 8] Section 78.
M25M26
TRANSITIONAL PROVISIONS WITH RESPECT TO FIRE CERTIFICATES UNDER
FACTORIES ACT 1961 OR OFFICES, SHOPS AND RAILWAY PREMISES ACT 1963
Textual Amendments
F315 Sch. 8 repealed (E.W.) (1.4.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541),
art. 53(2), Sch. 4 (with art. 49)
SCHEDULE 8 – Transitional Provisions with respect to Fire Certificates under Factories Act 1961 or
Offices, Shops and Railway Premises Act 1963
Marginal Citations
M25 1961 c. 34.
M26 1963 c. 41.
1
[F316In this Schedule—
“the 1971 Act” means the M27Fire Precautions Act 1971;
“1971 Act certificate” means a fire certificate within the meaning of the
1971 Act;
“Factories Act certificate” means a certificate under section 40 of the
M28
Factories Act 1961 (means of escape in case of fire-certification by fire
authority);
“Offices Act certificate” means a fire certificate under section 29 of the
M29
Offices, Shops and Railway Premises Act 1963.]
Textual Amendments
art. 53(2), Sch. 4 (with art. 49)
Marginal Citations
M27 1971 c. 40.
M28 1961 c. 34.
M29 1963 c. 41.
2
[F317(1) 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.
(2) The existing certificate shall continue in force (irrespective of whether the section
under which it was issued remains in force) and—
(a) shall as from the said time be deemed to be a 1971 Act certificate validly
issued with respect to the premises with respect to which it was issued and to
cover the use or uses to which those premises were being put at that time; and
(b) may (in particular) be amended, replaced or revoked in accordance with the
1971 Act accordingly.
(3) Without prejudice to sub-paragraph (2)(b) above, the existing certificate, as it has
effect by virtue of sub-paragraph (2) above, shall as from the said time be treated
as imposing in relation to the premises the like requirements as were previously
imposed in relation thereto by the following provisions, that is to say—
(a) if the existing certificate is a Factories Act certificate, the following
provision of the Factories Act 1961, namely sections 41(1), 48 (except
subsections (5), (8) and (9)), 49(1), 51(1) and 52(1) and (4) and, so far as
it relates to a proposed increase in the number of persons employed in any
premises, section 41(3);
(b) if the existing certificate is an Offices Act certificate the following provisions
of the Offices, Shops and Railway Premises Act 1963, namely section 30(1),
33, 34(1) and (2), 36(1) and 38(1) and, so far as it relates to a proposed
SCHEDULE 9
increase in the number of persons employed to work in any premises at any

one time, section 30(3).]
Textual Amendments
art. 53(2), Sch. 4 (with art. 49)
F318
3 ................................
Textual Amendments
F318 Sch. 8 para. 3 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XVI Group1.
F319
SCHEDULE 9
................................
Textual Amendments
F319 Sch. 9 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XVI Group1.
F323
SCHEDULE 10
Textual Amendments
F323 Sch. 10 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XVI Group1.
................................
Changes to legislation:
Health and Safety at Work etc. Act 1974 is up to date with all changes known to be in force on
or before 21 October 2019. There are changes that may be brought into force at a future date.
Changes that have been made appear in the content and are referenced with annotations.
View outstanding changes
Changes and effects yet to be applied to :

– Pt. 1 modified by 2008 c. 32 s. 99(1)
– Pt. 1 power to exclude conferred by 2014 c. 20 Sch. 1 para. 4(1)(b)(c)
– Pt. 1 power to repeal or modify conferred by 2008 c. 32 s. 99(2)
– s. 21-25 power to exclude conferred by 2014 c. 20 Sch. 1 para. 4(1)(a)
– s. 51A(1) word substituted by 2002 c. 30 s. 95(1)(a)(2) (This amendment not applied
to legislation.gov.uk. S. 95 repealed (7.4.2005) without ever being in force by 2005
c. 15, ss. 158(4)(a), 174(2), 178(1), Sch. 17 Pt. 1)
– s. 51A(2)(2A) substituted for s. 51A(2) by 2002 c. 30 s. 95(1)(a)(3) (This
amendment not applied to legislation.gov.uk. S. 95 repealed (7.4.2005) without ever
being in force by 2005 c. 15, ss. 158(4)(a), 174(2), 178(1), Sch. 17 Pt. 1)
– s. 51A(2B)-(2D) inserted by 2002 c. 30 s. 95(4) (This amendment not applied to
legislation.gov.uk. S. 95 repealed (7.4.2005) without ever being in force by 2005 c.
15, ss. 158(4)(a), 174(2), 178(1), Sch. 17 Pt. 1)
– s. 51A(3)(a) words substituted by 2002 c. 30 s. 95(5) (This amendment not applied
c. 15, ss. 158(4)(a), 174(2), 178(1), Sch. 17 Pt. 1)
– s. 51A(3)(b) words substituted by 2002 c. 30 s. 95(5) (This amendment not applied
c. 15, ss. 158(4)(a), 174(2), 178(1), Sch. 17 Pt. 1)
– s. 51A(3)(c) words substituted by 2002 c. 30 s. 95(5) (This amendment not applied
c. 15, ss. 158(4)(a), 174(2), 178(1), Sch. 17 Pt. 1)
– s. 51A(4) words substituted by 2002 c. 30 s. 95(6) (This amendment not applied to
legislation.gov.uk. S. 95 repealed (7.4.2005) without ever being in force by 2005 c.
15, ss. 158(4)(a), 174(2), 178(1), Sch. 17 Pt. 1)
– Sch. 1 words repealed by 2003 c. 22 Sch.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
– Act amendment to earlier affecting provision S.I. 2015/430, reg. 5 by S.I. 2019/277
reg. 3(4)
Whole provisions yet to be inserted into this Act (including any effects on those
provisions):
– s. 20(9)(10) inserted by 2016 c. 25 Sch. 2 para. 1

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Changes to legislation: Health and Safety at Work etc.

Act 1974 is up to date with all changes known to be in force on or

Health and Safety at Work etc. Act 1974

Modifications etc. (not altering text)

HEALTH, SAFETY AND WELFARE IN CONNECTION WITH WORK, AND CONTROL

Modifications etc. (not altering text)

Modifications etc. (not altering text)

2 General duties of employers to their employees.

Modifications etc. (not altering text)

3 General duties of employers and self-employed to persons other than their

Modifications etc. (not altering text)

C56 S. 3(2) modified (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 5

Modifications etc. (not altering text)

[F105 General duty of persons in control of certain premises in relation to harmful

Modifications etc. (not altering text)

provided to them by virtue of the preceding paragraph as are necessary by

Modifications etc. (not altering text)

7 General duties of employees at work.

Modifications etc. (not altering text)

8 Duty not to interfere with or misuse things provided pursuant to certain

Modifications etc. (not altering text)

Modifications etc. (not altering text)

[F26 10 Establishment of the Executive.

Modifications etc. (not altering text)

[F27 11 Functions of the Executive.

(v) organisations representing employers or employees, and

Modifications etc. (not altering text)

[F32 12 Control of the Executive by the Secretary of State.

Modifications etc. (not altering text)

[F33 13 Powers of the Executive.

(b) compensation for loss of remunerative time.

Modifications etc. (not altering text)

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

Modifications etc. (not altering text)

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

Modifications etc. (not altering text)

Health and safety regulations and approved codes of practice

15 Health and safety regulations.

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

Modifications etc. (not altering text)

16 Approval of codes of practice by [F58the Executive]. E+W+S

Modifications etc. (not altering text)

16 Approval of codes of practice by [F58the Executive]. N.I.

Modifications etc. (not altering text)

17 Use of approved codes of practice in criminal proceedings.

Modifications etc. (not altering text)

18 Authorities responsible for enforcement of the relevant statutory provisions.

Regulation for the purpose of removing any uncertainty as to what are

provisions or by regulations under subsection (2) above made responsible for

Modifications etc. (not altering text)

Modifications etc. (not altering text)

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

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

(7) No answer given by a person in pursuance of a requirement imposed under

Modifications etc. (not altering text)

Modifications etc. (not altering text)

C193 S. 21 modified (6.4.1992) by S.I.1992/711, reg. 28(3)(b)(5)(a)

Modifications etc. (not altering text)

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