Health and Safety at Work etc. Act 1974

[F1SCHEDULE 3AE+W+SOFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY

Textual Amendments

Modifications etc. (not altering text)

C1Sch. 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

C2Sch. 3A 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))

C3Sch. 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)

1E+W+SThe 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.

OffenceMode of trialPenalty on summary convictionPenalty on conviction on indictment
An offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of sections 2 to 6.Summarily or on indictment.Imprisonment for a term not exceeding [F212 months] [F2the general limit in a magistrates’ court], or a [F3fine not exceeding £20,000] [F3fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of section 7.Summarily or on indictment.Imprisonment for a term not exceeding [F212 months] [F2the general limit in a magistrates’ court], or a [F4fine not exceeding the statutory maximum] [F4fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(b) consisting of a contravention of section 8.Summarily or on indictment.Imprisonment for a term not exceeding [F212 months] [F2the general limit in a magistrates’ court], or a [F3fine not exceeding £20,000] [F3fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(b) consisting of a contravention of section 9.Summarily or on indictment.A [F3fine not exceeding £20,000] [F3fine].A fine.
An offence under section 33(1)(c).Summarily or on indictment.Imprisonment for a term not exceeding [F212 months] [F2the general limit in a magistrates’ court], or a [F3fine not exceeding £20,000] [F3fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(d).Summarily only.A [F5fine not exceeding level 5 on the standard scale] [F5fine].
An offence under section 33(1)(e), (f) or (g).Summarily or on indictment.Imprisonment for a term not exceeding [F212 months] [F2the general limit in a magistrates’ court], or a [F3fine not exceeding £20,000] [F3fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(h).Summarily only.Imprisonment for a term not exceeding 51 weeks (in England and Wales) or 12 months (in Scotland), or a [F5fine not exceeding level 5 on the standard scale][F5fine], or both.
An offence under section 33(1)(i).Summarily or on indictment.A [F4fine not exceeding the statutory maximum][F4fine].A fine.
An offence under section 33(1)(j).Summarily or on indictment.Imprisonment for a term not exceeding [F212 months] [F2the general limit in a magistrates’ court], or a [F4fine not exceeding the statutory maximum][F4fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(k), (l) or (m).Summarily or on indictment.Imprisonment for a term not exceeding [F212 months] [F2the general limit in a magistrates’ court], or a [F3fine not exceeding £20,000][F3fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(n).Summarily only.A [F5fine not exceeding level 5 on the standard scale] [F5fine].
An offence under section 33(1)(o).Summarily or on indictment.Imprisonment for a term not exceeding [F212 months] [F2the general limit in a magistrates’ court], or a [F3fine not exceeding £20,000] [F3fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under the existing statutory provisions for which no other penalty is specified.Summarily or on indictment.Imprisonment for a term not exceeding [F212 months] [F2the general limit in a magistrates’ court], or a [F3fine not exceeding £20,000] [F3fine], or both.Imprisonment for a term not exceeding two years, or a fine, or both.

Textual Amendments

2(1)This paragraph makes transitional modifications of the table as it applies to England and Wales.E+W+S

(2)In relation to an offence committed before [F62 May 2022], a reference to imprisonment for a term not exceeding [F712 months] [F7the general limit in a magistrates’ court] 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.]

Textual Amendments