Health and Safety (Offences) Act 2008

Section 2

SCHEDULE 3 Consequential amendments

Explosives Act 1875 (c. 17)

1 (1) In section 40(9)(d) (importation of certain explosives) so far as that provision continues to apply, despite its repeal, by virtue of—

(a) regulation 27(17) of the Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), or

(b) regulation 26(18) of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425),

the reference to penalties specified in section 33(3) of the Health and Safety at Work etc. Act 1974 or Article 31(4) of the Health and Safety at Work (Northern Ireland) Order 1978 is to be read as a reference to penalties specified in the final item of Schedule 3A to that Act or Schedule 3A to that Order (mode of trial and penalty for offence under “existing statutory provisions” for which no other penalty is specified).

(2) In section 43 (specially dangerous explosives)—

(a) in the sentence beginning “A person who manufactures” as it extends to England and Wales and Scotland, for “and liable to the penalties specified in section 33(3) of the Health and Safety at Work etc. Act 1974” there is substituted “and liable as mentioned in the final item of Schedule 3A to the Health and Safety at Work etc. Act 1974 (mode of trial and penalty for offence under “existing statutory provisions” for which no other penalty is specified)”;

(b) in that sentence as it extends to Northern Ireland, for “and liable to the penalties specified in Article 31(4) of the Health and Safety at Work (Northern Ireland) Order 1978” there is substituted “and liable as mentioned in the final item of Schedule 3A to the Health and Safety at Work (Northern Ireland) Order 1978 (mode of trial and penalty for offence under “existing statutory provisions” for which no other penalty is specified)”;

(c) in the sentence beginning “If any explosive is imported or sold”, for “and liable to the penalties specified in section 33(3) of” there is substituted “and liable as mentioned in the final item of Schedule 3A to”.

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

2 (1) In section 15 (health and safety regulations), subsection (6)(e) is omitted.

(2) In section 42 (remedy and forfeiture), after subsection (3) there is inserted—

“(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.”

(3) In subsection (4) of that section, for the words from “a person” to “there mentioned” there is substituted “the person is convicted of the offence”.

Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))

3 (1) In Article 17 (health and safety regulations), paragraph (6)(e) is omitted.

(2) In Article 39 (remedy and forfeiture), after paragraph (3) there is inserted—

“(3A) Paragraph (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.”

(3) In paragraph (4) of that Article, for the words from “a person” to “there mentioned” there is substituted “the person is convicted of the offence”.

Activity Centres (Young Persons' Safety) Act 1995 (c. 15)

4 In section 2 (offences), in subsection (4)(f), for “, and (2) to (4)” there is substituted “and (2) (and the related provisions of Schedule 3A)”.

Activity Centres (Young Persons' Safety) (Northern Ireland) Order 1998 (S.I. 1998/1069 (N.I. 5))

5 In Article 4 (offences), in paragraph (4)(f), for “, (2), (2A), (4) and (5)” there is substituted “and (2) (and the related provisions of Schedule 3A)”.