The Legislative Reform (Health and Safety Executive) Order 2008

Investigations and special reports

5.—(1) This paragraph applies where, before the appointed day, the Commission authorised a person to investigate and make a special report under section 14(2) of the existing Act.

(2) For the purposes of carrying out or continuing the investigation and the making of a report after the commencement of this Order, the authorisation shall be treated as an authorisation by the new Executive.

(3) If—

(a) the person to whom the Commission gave the authorisation has made a special report to the Commission, but

(b) the Commission has not yet caused the report, or a part of it, to be made public under section 14(5) of the existing Act, then

the report shall be treated as if it had been made to the new Executive under section 14(2) of the Act.

(4) If the person to whom the Commission gave the authorisation has not yet made a special report to the Commission, the new Executive may direct that person to—

(a) abandon the investigation without making a special report, or

(b) continue the investigation in such manner as the new Executive may direct.

(5) Where the Commission agreed before the appointed day to exercise its power under section 14(6)(a) or (c) of the existing Act to pay remuneration or expenses to any person in respect of the investigation and special report, or to defray costs of the investigation and report, the new Executive shall pay such remuneration or expenses or defray the costs of the investigation as agreed.

(6) Sub-paragraph (5) does not affect the new Executive’s power under section 14(6) of the Act to make other payments of remuneration or expenses or to defray costs.