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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]

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Extent Information

E1For 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)

C1Act 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

C2Act applied by S.I. 1988/778, reg. 11(1)

C3Act 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)

C4Certain provisions of this Act applied (with modifications) (29.11.1992) by S.I. 1992/2415, reg. 4(1)

C5Certain provisions of this Act applied (1.1.1993) by S.I. 1992/2997, reg.6

C6Certain provisions of this Act applied (with modifications) (E.W.S.) (1.1.1993) by S.I. 1992/3060, reg. 15(1)

C7Certain provisions of this Act applied (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 21(1)

C8Act excluded (E.W.) (1.4.2006) by S.I. 2005/1541, art. 47, (with art. 49)

Part IE+W+S+N.I. Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere

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Extent Information

E2For the application of Pt. I to Northern Ireland see s. 84(1).

Modifications etc. (not altering text)

C10Pt. I (ss. 1–54) extended by S.I. 1981/1011, reg. 9, 1983/1919, reg. 3

Pt. I (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. I (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. I (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. I (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

C11Pt. I (ss. 1–54) extended by Gas Act 1986 (c. 44, SIF 44:2), ss. 18, 48(3)(4)

C14Pt. I (ss. 1–54) amended by S.I. 1988/1222, regs. 3, 4

C15Pt. I (ss. 1–54) extended by S.I. 1989/1671, reg. 4

C16Pt. I (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).

C17Pt. I (ss. 1–54) amended by S.I. 1990/1380, reg. 3

Pt. I (ss. 1-54) saved by Highland Regional Council (Harbours) Order Confirmation Act (c. xii), s. 1, Sch. s. 61(1)(f)

Pt. I (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. I (ss. 1-54) saved by London Underground (Safety Measures) Act 1991 (c. xviii), s. 11(2)

Pt. I (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)

C18Pt. I extended by S.I. 1978/752, reg. 3

Pt. I (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. I (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. I (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

C19Pt. I (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), S. 1(1)

C20Pt. I (ss. 1-54) amended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 1(1)

Pt. I (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

C21Pt. I (ss. 1-54) extended (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 4

C22Pt. I (ss. 1-54) modified (E.W.S.) (1.1.1993) by S.I. 1992/2051, reg. 16(2)

C23Pt. I (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

C24Pt. I (ss. 1-54) applied (with modifications) (14.4.1999) by S.I. 1999/860, reg. 2

C25Pt. I (ss. 1-54) applied (1.7.1999) by S.I. 1999/1517, reg. 12(3), Sch. 4 para. 12(3)(c)

Pt. I: 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

C26Pt. I restricted (S.) (1.10.2006) by 2005 asp 5, ss. 70, 90; S.I. 2006/458, art. 2 (subject to art. 3)

C27Pt. 1 modified (prosp.) by Energy Act 2008 (c. 32), ss. 99(1), 110

C28Pt. 1: power to repeal or modify conferred (prosp.) by Energy Act 2008 (c. 32), ss. 99(1)(2), 110

PreliminaryE+W+S+N.I.

1 Preliminary.E+W+S+N.I.

(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; [F1and]

[F1(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 F2. . . 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.

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Amendments (Textual)

F1S. 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

Modifications etc. (not altering text)

C29Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C30Ss. 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))

C32S. 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

General dutiesE+W+S+N.I.

2 General duties of employers to their employees.E+W+S+N.I.

(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.

F3(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 [F4subsection (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.

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Amendments (Textual)

Modifications etc. (not altering text)

C35Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C36Ss. 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))

C38S. 2(1)(2)(3) modified (15.11.2000) by S.I. 2000/2831, reg. 5(1)

C39S. 2(3) modified (1.10.1993) by S.I. 1993/1897, art. 4(4).

3 General duties of employers and self-employed to persons other than their employees.E+W+S+N.I.

(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 to conduct his 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.

(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.

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Modifications etc. (not altering text)

C41Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C42Ss. 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))

C44S. 3(2) modified by S.I. 1978/752, reg. 4

S. 3(2) modified (16.1.1995) by S.I. 1994/3246, reg. 20

C46S. 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).

C47S. 3(2) modified (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 5

S. 3(2) modified (25.3.1999) by S.I. 1999/437, reg. 20

S. 3(2) modified (15.11.2000) by S.I. 2000/2831, reg. 5(2)

S. 3(2) modified (21.11.2002) by S.I. 2002/2677, reg. 20

4 General duties of persons concerned with premises to persons other than their employees.E+W+S+N.I.

(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).

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Modifications etc. (not altering text)

C48Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C49Ss. 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))

[F55 General duty of persons in control of certain premises in relation to harmful emissions into atmosphere.E+W+S+N.I.

(1)[F6Subject 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.

[F7(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.]

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Amendments (Textual)

Modifications etc. (not altering text)

C51Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C52Ss. 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))

6 General duties of manufacturers etc. as regards articles and substances for use at work.E+W+S+N.I.

[F8(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;

(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 times when it is being used for or in connection with the entertainment of members of the public; 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.]

(2)It shall be the duty of any person who undertakes the design or manufacture of any article for use at work [F9or 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 [F10or who erects or installs any article of fairground equipment] to ensure, so far as is reasonably practicable, that nothing about the way in which [F11the 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.]

[F12(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;

(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 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

(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.]

(5)It shall be the duty of any person who undertakes the manufacture of any [F13substance] 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 [F13at 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 [F14for 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 [F15at 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 [F16by virtue of that paragraph] to such extent as is reasonable having regard to the terms of the undertaking.

[F17(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 [F18article 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.

[F19(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.]

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Amendments (Textual)

F13Word 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)

Modifications etc. (not altering text)

C54S. 6 modified by S.I. 1980/907, reg. 3

C55Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C56S. 6 modified by S.I. 1989/1790, reg. 12

C57S. 6 modified (3.8.1992) by S.I. 1992/1524, reg. 3

C58Ss. 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))

C60S. 6(1) modified ibid., reg. 4

C61S. 6(1)(1A) modified (3.8.1992) by S.I. 1992/1524, reg. 4

C62S. 6(1) modified (1.1.2000) by S.I. 1999/3232, reg. 31(1)

7 General duties of employees at work.E+W+S+N.I.

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.

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Modifications etc. (not altering text)

C64Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C65S. 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. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

8 Duty not to interfere with or misuse things provided pursuant to certain provisions.E+W+S+N.I.

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.

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Modifications etc. (not altering text)

C67Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C68Ss. 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))

9 Duty not to charge employees for things done or provided pursuant to certain specific requirements.E+W+S+N.I.

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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C70Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C71Ss. 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))

The Health and Safety Commission and the Health and Safety ExecutiveE+W+S+N.I.

[F2010 Establishment of the Executive.E+W+S+N.I.

(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.]

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Amendments (Textual)

Modifications etc. (not altering text)

C73Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C74Ss. 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))

[F2111 Functions of the Executive.E+W+S+N.I.

(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 the railway safety 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 for the railway safety purposes.

(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.]

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Amendments (Textual)

Modifications etc. (not altering text)

C76Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C77Ss. 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))

[F2212 Control of the Executive by the Secretary of State.E+W+S+N.I.

(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).]

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Amendments (Textual)

Modifications etc. (not altering text)

C79Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C80Ss. 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))

[F2313 Powers of the Executive.E+W+S+N.I.

(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.

(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.]

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Amendments (Textual)

Modifications etc. (not altering text)

C82Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C83Ss. 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))

C84S. 13(2) restricted (E.W.S.) (8.11.2006) by 2006 c. 49, s. 51(2) (with s. 61(9)(a))

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 [F24the 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

[F25(a)those general purposes shall be treated as not including the railway safety 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.

[F26(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 [F27subsection (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.

[F28(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)[F29The Executive]

(a)in the case of an investigation and special report made by virtue of [F30subsection (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 [F31subsection (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.

(7)Where an inquiry is directed to be held by virtue of [F32subsection (2A)] above into any matter to which this section applies arising in Scotland, being a matter which causes the death of any person, no inquiry with regard to that death shall, unless the Lord Advocate otherwise directs, be held in pursuance of the Fatal Accidents [F33M1and Sudden Deaths Inquiry (Scotland) Act 1976.]

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Extent Information

E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F25Words 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

Modifications etc. (not altering text)

C86Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C87Ss. 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))

Marginal Citations

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 [F24the 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.

[F26(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 [F27subsection (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.

[F28(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)[F29The Executive]

(a)in the case of an investigation and special report made by virtue of [F30subsection (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 [F31subsection (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.

(7)Where an inquiry is directed to be held by virtue of [F32subsection (2A)] above into any matter to which this section applies arising in Scotland, being a matter which causes the death of any person, no inquiry with regard to that death shall, unless the Lord Advocate otherwise directs, be held in pursuance of the Fatal Accidents [F33M1and Sudden Deaths Inquiry (Scotland) Act 1976.]

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Extent Information

E10This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Amendments (Textual)

Modifications etc. (not altering text)

C86Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C87Ss. 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))

Marginal Citations

Health and safety regulations and approved codes of practiceE+W+S+N.I.

15 Health and safety regulations.E+W+S+N.I.

[F34(1)Subject to the provisions of section 50, the Secretary of State F35. . . 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”).]

(2)Without prejudice to the generality of the preceding subsection, 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 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.

(4)Health and safety regulations—

(a)may impose requirements by reference to the approval of [F36the 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.

(5)Health and safety regulations—

(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.

(6)Health and safety regulations—

(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 [F37(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.

[F38(e)F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(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.

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Amendments (Textual)

F35Words in S. 15(1) repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2(with art. 6)

Modifications etc. (not altering text)

C90Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C91S. 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)

C92Ss. 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))

C93S. 15 modified (20.9.2001) by S.I. 2001/2975, reg. 19

C95S. 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

C96S. 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 [F40the Executive].E+W+S

(1)For the purpose of providing practical guidance with respect to the requirements of any provision of [F41any of the enactments or instruments mentioned in subsection (1A) below] , [F40the Executive] may, subject to the following subsection F42. . .

(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 [F40the Executive] as in its opinion are suitable for that purpose.

[F43(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)[F40The 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 [F40the Executive] to be appropriate (and, in particular, in the case of a code relating to electromagnetic radiations, [F44the Health Protection Agency]); and

(b)such government departments and other bodies, if any, as in relation to any matter dealt with in the code, [F40the 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 [F40the Executive] under subsection (1) above, [F40the Executive] shall issue a notice in writing—

(a)identifying the code in question and stating the date on which its approval by [F40the Executive] is to take effect; and

(b)specifying for which of the provisions mentioned in subsection (1) above the code is approved.

(4)[F40The 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)[F40The 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 [F40the Executive] withdraws its approval from a code of practice approved under this section, [F40the 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 [F40the Executive] under subsection (1)(b) above to approve a code of practice issued or proposed to be issued otherwise than by [F40the 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.

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Extent Information

E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F41Words 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.

Modifications etc. (not altering text)

C97Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

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)

C98Ss. 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)

C99Ss. 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))

C100Ss. 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))

16 Approval of codes of practice by [F40the 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, [F40the Executive] may, subject to the following subsection F42. . .

(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 [F40the Executive] as in its opinion are suitable for that purpose.

(2)[F40The 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 [F40the Executive] to be appropriate (and, in particular, in the case of a code relating to electromagnetic radiations, [F44the Health Protection Agency]); and

(b)such government departments and other bodies, if any, as in relation to any matter dealt with in the code, [F40the 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 [F40the Executive] under subsection (1) above, [F40the Executive] shall issue a notice in writing—

(a)identifying the code in question and stating the date on which its approval by [F40the Executive] is to take effect; and

(b)specifying for which of the provisions mentioned in subsection (1) above the code is approved.

(4)[F40The 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)[F40The 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 [F40the Executive] withdraws its approval from a code of practice approved under this section, [F40the 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 [F40the Executive] under subsection (1)(b) above to approve a code of practice issued or proposed to be issued otherwise than by [F40the 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.

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Extent Information

E11This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Amendments (Textual)

Modifications etc. (not altering text)

C97Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

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)

C98Ss. 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)

C99Ss. 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))

C100Ss. 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))

17 Use of approved codes of practice in criminal proceedings.E+W+S+N.I.

(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 [F45the 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.

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Amendments (Textual)

Modifications etc. (not altering text)

C101Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

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)

Ss. 16-26 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)

C102Ss. 16-21 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(a), (2)(3)

Ss. 16-21 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(a)

C103Ss. 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))

C104Ss. 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))

EnforcementE+W+S+N.I.

18 Authorities responsible for enforcement of the relevant statutory provisions.E+W+S+N.I.

(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.

(2)The Secretary of State may by 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—

(i)transferred from the Executive to local authorities or from local authorities to the Executive; or

(ii)assigned to the Executive or to local authorities for the purpose of removing any uncertainty as to what are by virtue of this subsection their respective responsibilities for the enforcement 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 F46. . . in pursuance of section 15(3)(c).

(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 [F47the Executive] may give them.

[F48(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 F46. . ., the Executive or a local authority is by any of the relevant statutory provisions F49. . . 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)[F50except where that authority is the Office of Rail Regulation,]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 [F51the 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 [F52subsection (3) of section 13] the performance of any function of F53. . . the Executive is delegated to a government department or person, references to F53. . . the Executive (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 under [F54that subsection] , 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.

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Amendments (Textual)

Modifications etc. (not altering text)

C105Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

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. 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

Ss. 16-26, 33-42, 47 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)

C106S. 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)

S. 18 applied (31.3.2002) by S.I. 2002/528, reg. 10

C107Ss. 18-26 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)

C108Ss. 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))

C109S. 18 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17

C110Ss. 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))

C111S. 18(1) applied (with modifications) (1.4.1999) (with savings) by S.I. 1999/743, reg. 20(3)(4)

C112S. 18(6) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C113Ss. 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)

C115S. 18(7)(b) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

19 Appointment of inspectors.E+W+S+N.I.

(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.

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Modifications etc. (not altering text)

C117S. 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)

C118S. 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

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

C119S. 19 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(2)(3)

S. 19 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(a)

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)

C120S. 19 applied (12.4.1999) by S.I. 1999/743, reg. 22(7)

C121S. 19 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)

C122S. 19 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C123S. 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))

C124S. 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

C125S. 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)

C126Ss. 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))

C129Ss. 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}

C130S. 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.E+W+S+N.I.

(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 [F55spouse 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.

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Amendments (Textual)

Modifications etc. (not altering text)

C131S. 20 applied by S.I. 1989/840, arts. 2-10

S. 20 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10

S. 20 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9

S. 20 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

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.) (16.4.1996) by S.I. 1996/772, reg. 17

S. 20 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

S. 20 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 20 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)

C132S. 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)

C133S. 20 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

C134S. 20 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C135S. 20 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1), (2)(3)

S. 20 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(a)

S. 20 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)

S. 20 applied (31.3.2002) by S.I. 2002/528, reg. 10

S. 20 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)

C136Ss. 18-26 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)

C137S. 20 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C138S. 20 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))

C139S. 20 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); 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

C140S. 20 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)

C141Ss. 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))

C143S. 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)

C144Ss. 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}

21 Improvement notices.E+W+S+N.I.

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.

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Modifications etc. (not altering text)

C145S. 21applied by S.I. 1989/840, arts. 2-10

S. 21 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10

S. 21 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9

S. 21 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

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))

S. 21 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17

S. 21 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b) S. 21 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 21 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)

C146S. 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)

C147S. 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

C148S. 21 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)-(3)

S. 21 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(a)

S. 21 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)

S. 21 applied (31.3.2002) by S.I. 2002/528, reg. 10

S. 21 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)

C149S. 21 applied (1.4.1999) by S.I. 1999/743, reg. 20(5)

C150S. 21 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)

C151S. 21 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C152S. 21 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))

C153S. 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

C154S. 21 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)(b) (subject to (4)-(6)) (with art. 7)

C155Ss. 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))

C158Ss. 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}

22 Prohibition notices.E+W+S+N.I.

(1)This section applies to any activities which are being or are [F56likely] 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 [F56likely] 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.

[F57(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.]

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Amendments (Textual)

Modifications etc. (not altering text)

C159S. 22 applied by S.I. 1989/840, arts. 2-10

S. 22 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9

S. 22 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

S. 22: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(c), 5 (with s. 3(5))

S. 22 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17

S. 22 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b) S. 22 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 22 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)

C160S. 22 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)

C161S. 22 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

S. 22 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

S. 22 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)

S. 22 applied (31.3.2002) by S.I. 2002/528, reg. 10

S. 22 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)

C162S. 22 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)

C163S. 22 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C164S. 22 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))

C165S. 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

C166S. 22 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)(b) (subject to (4)-(6)) (with art. 7)

C167Ss. 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))

C170Ss. 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}

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 [F58fire and rescue authority] .

In this subsection [F58fire and rescue authority][F59, 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..

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Extent Information

E5This version of this provision extends to England Wales only; separate versions have been created for Northern Ireland only and Scotland only

Amendments (Textual)

F58Words 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

F59S. 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)

Modifications etc. (not altering text)

C171S. 23 applied by S.I. 1989/840, arts. 2-10

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

S. 23: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(c), 5 (with s. 3(5))

S. 23 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17

S. 23 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

S. 23 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 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)

S. 23 applied (31.3.2002) by S.I. 2002/528, reg. 10

S. 23 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)

C172S. 23 applied (with modifications) (1.1.1993) by S.I.1992/3073, reg. 28, Sch. 6 para. 1(b)

C173Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

S. 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

C174S. 23 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(b), (2)(3)

C175Ss. 23 extended (19.11.1999) by S.I. 1999/2892, reg. 16(1)

C176S. 23 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C177S. 23 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))

C178S. 23 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(b)

C180S. 23 applied (with modifcations) (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

C181S. 23 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)(c) (subject to (4)-(6)) (with art. 7)

C182Ss. 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))

C184S. 23 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)(c)

C185Ss. 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}

C186S. 23(1) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

C187S. 23(2) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

C188S. 23(4) applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(5)

C189S. 23(5) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

23 Provisions supplementary to ss. 21 and 22. N.I.

(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 fire authority.

In this subsection “fire authority” has the meaning assigned by section 43(1) of the M35Fire Precautions Act 1971.

(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..

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E12This version of this provision extends to Northern Ireland only; separate versions have been created for England and Wales and Scotland only

Modifications etc. (not altering text)

C174S. 23 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(b), (2)(3)

C180S. 23 applied (with modifcations) (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

C182Ss. 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))

C188S. 23(4) applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(5)

C583S. 23 applied by S.I. 1989/840, arts. 2-10

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

S. 23: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(c), 5 (with s. 3(5))

S. 23 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17

S. 23 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

S. 23 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 23 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)

S. 23 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)

S. 23 applied (31.3.2002) by S.I. 2002/528, reg. 10

S. 23 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)

C584S. 23 applied (with modifications) (1.1.1993) by S.I.1992/3073, reg. 28, Sch. 6 para. 1(b)

C585Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

S. 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

C586S. 23 extended (19.11.1999) by S.I. 1999/2892, reg. 16(1)

C587S. 23 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C588S. 23 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))

C589S. 23 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(b)

C590S. 23(1) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

C591S. 23(2) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

C592S. 23(5) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

Marginal Citations

23 Provisions supplementary to ss. 21 and 22.S

(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

[F233(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 relevant authority (as defined in section 6 of that Act) 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..

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E13This version of this provision extends to Scotland only; separate versions have been created for England and Wales only and Northern Ireland only

Amendments (Textual)

F233By 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)

Modifications etc. (not altering text)

C174S. 23 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(b), (2)(3)

C175Ss. 23 extended (19.11.1999) by S.I. 1999/2892, reg. 16(1)

C177S. 23 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))

C178S. 23 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(b)

C180S. 23 applied (with modifcations) (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

C182Ss. 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))

C188S. 23(4) applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(5)

C593S. 23 applied by S.I. 1989/840, arts. 2-10

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

S. 23: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(c), 5 (with s. 3(5))

S. 23 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17

S. 23 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

S. 23 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 23 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)

S. 23 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)

S. 23 applied (31.3.2002) by S.I. 2002/528, reg. 10

S. 23 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37

C594Ss. 19-28 applied (with modifications) (1.1.1993) by S.I.1992/3073, reg. 28, Sch. 6 para. 1(b)

C595Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

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

C596Ss. 19-28 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C597S. 23 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)(c) (subject to (4)-(6)) (with art. 7)

C598S. 23 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)(c)

C599Ss. 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}

C600S. 23(1) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

C601S. 23(2) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

C602S. 23(5) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

24 Appeal against improvement or prohibition notice.E+W+S+N.I.

(1)In this section “a notice” means an improvement notice or a 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 [F60employment 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 brough 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 [F60employment tribunal] under this section.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F60Words 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

Modifications etc. (not altering text)

C190S. 24 applied by S.I. 1989/840, arts. 2-10

S. 24 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9

S. 24 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10

S. 24 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

S. 24: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(c), 5 (with s. 3(5))

S. 24 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17

S. 24 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

S. 24 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b) S. 24 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)

S. 24 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)

S. 24 applied (31.3.2002) by S.I. 2002/528, reg. 10

S. 24 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)

C191S. 24 applied (with modifications) (1.1.1993) by S.I.1992/3073, reg. 28, Sch. 6 para. 1(b)

C192S. 24 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C193S. 24 applied (1.4.1999) by S.I. 1999/743, reg. 18(6)

C194S. 24 excluded (1.4.1999) by S.I. 1999/743, reg. 22(6)(c)

C195S. 24 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)

C196S. 24 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C197S. 24 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))

C198S. 24 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(b)

C199S. 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

C200S. 24 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)(d) (subject to (4)-(6)) (with art. 7)

C201Ss. 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))

C204Ss. 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}

25 Power to deal with cause of imminent danger.E+W+S+N.I.

(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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C205S. 25 applied by S.I. 1989/840, arts. 2-10

S. 25 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

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))

S. 25 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17

S. 25 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

S. 25 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 25 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)

S. 25 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)

S. 25 applied (31.3.2002) by S.I. 2002/528, reg. 10

C206Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

C207S. 25 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C208S. 25 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)

C209S. 25 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C210S. 25 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))

C211S. 25 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17

C212S. 25 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)(e) (subject to (4)-(6)) (with art. 7)

C213Ss. 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))

C214Ss. 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}

[F6125A Power of customs officer to detain articles and substances.E+W+S+N.I.

(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 M21971 in the part of Great Britain where the goods are seized.]

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Amendments (Textual)

Modifications etc. (not altering text)

C215Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

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)

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

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)

Ss. 19-28, 33-35, 38, 39, 41, 42 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

Ss. 16-26, 33-42, 47 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)

Ss. 16-26 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)

Ss. 18-26 applied (31.3.2002) by S.I. 2002/528, reg. 10

C216Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C217Ss. 18-26 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)

C218Ss. 19-28 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C219Ss. 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))

C220S. 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}

C221Ss. 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))

C222Ss. 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}

Marginal Citations

26 Power of enforcing authorities to indemnify their inspectors.E+W+S+N.I.

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.

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Modifications etc. (not altering text)

C223S. 26 applied by S.I. 1989/840, arts. 2-10

S. 26 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9

S. 26 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10

S. 26 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)

S. 26 applied (31.3.2002) by S.I. 2002/528, reg. 10

S. 26 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)

S. 26 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

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

S. 26 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

S. 26 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

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

C224S. 26 applied (with modifications) (1.1.1993) by S.I.1992/3073, reg. 28, Sch. 6 para. 1(b)

C225S. 26 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C226S. 26 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(c), (2)(3)

C227S. 26 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)

C228S. 26 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C229S. 26 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))

C230S. 26 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(c)

C231S. 26 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); 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

C232S. 26 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)(f) (subject to (4)-(6)) (with art. 7)

C233Ss. 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))

C236Ss. 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}

Obtaining and disclosure of informationE+W+S+N.I.

27 Obtaining of information by the Commission, the Executive, enforcing authorities etc.E+W+S+N.I.

(1)For the purpose of obtaining—

(a)any information which [F62the Executive] needs for the discharge of its functions; or

(b)any information which an enforcing authority needs for the discharge of the authority’s functions,

[F62the Executive] may, with the consent of the Secretary of State, serve on any person a notice requiring that person to furnish to [F62the 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 M3Statistics 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 F63. . . 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; F64. . .

F64(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F65(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 F66. . . of the Executive.

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Amendments (Textual)

F64S. 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

Modifications etc. (not altering text)

C237S. 27 applied by S.I. 1989/840, arts. 2-10

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))

S. 27 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17

S. 27 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

S. 27 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

C238Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

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

C239S. 27 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

C240S. 27 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C241S. 27 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))

C242S. 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)

C243Ss. 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))

C244Ss. 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}

C245S. 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

27A[F67Information communicated by Commissioners for Revenue and Customs].E+W+S+N.I.

(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, [F69the Commissioners for Her Majesty’s Revenue and Customs] may authorise the disclosure to that person of any information obtained [F70or held] for the purposes of the exercise [F71by 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.

(3) A disclosure of information made to any person under subsection (1) above shall be made in such manner as may be directed by [F72the 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.]

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Amendments (Textual)

Modifications etc. (not altering text)

C246Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

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)

Ss. 19-28, 33-35, 38, 39, 41, 42 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

C247Ss. 19-28 modified (6.4.1992) by S.I.1992/711, regs. 1(2), 28(3)(b)(5)(a)

C248Ss. 19-28 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C249Ss. 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))

C250S. 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)

C251Ss. 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))

C252Ss. 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}

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 [F73under section 27A above [F74, 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 F75. . . the Executive, [F76 the Environment Agency, 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,

[F77(ii)an officer F78. . . of a water undertaker, sewerage undertaker, water authority or water development board who is authorised by that F79. . . undertaker, authority or board to receive it,]

F80(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 [F81section 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 [F81section 14(2) or (2A)].

[F82(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.]

[F83(4)In the preceding subsection, any reference to the Executive, the Environment Agency, 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, 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).]

(5)A person to whom information is disclosed in pursuance of [F84any 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 F85. . . of the Executive or [F86of the Environment Agency 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 [F87body which is a local authority, F88. . . 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.

[F89(6)References in subsections (3) and (5) above to a local authority include F90. . . a joint authority established by Part IV of the Local Government Act 1985, [F91an 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,][F92 an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)][F93and the London Fire and Emergency Planning Authority].]

(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 [F94section 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 [F94section 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.

[F95(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].

[F96(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.]

[F97(10)The Broads Authority and every National Park authority shall be deemed to be local authorities for the purposes of this section.]

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Extent Information

E6This 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)).

Amendments (Textual)

F76Words 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

F86Words 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

F92Words in s. 28(6) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 32; S.I. 2008/917, art. 2(1)(o)(p)

F97S. 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

Modifications etc. (not altering text)

C253S. 28 applied by S.I. 1989/840, arts. 2-10

S. 28 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9

S. 28 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10

S. 28: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(e), 5 (with s. 3(5))

S. 28 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

S. 28 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 28 restricted (15.11.2000) by S.I. 2000/2831, reg. 23(1)

C256S. 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).

C257S. 28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

C258S. 28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C259Ss. 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))

C260S. 28 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)(e)(3)

C261S. 28 applied (E.W.S.) by S.I. 2005/928, art. 4(3)(b)

C262S. 28 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)(g) (subject to (4)-(6)) (with art. 7)

C263Ss. 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))

C266Ss. 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}

C267S. 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).

C268S. 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

(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 [F234under section 27A above [F74, 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 F75. . . the Executive, [F235the Environment Agency, 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,

[F236(ii)an officer of a water undertaker, sewerage undertaker, [F237or Scottish Water] who is authorised by [F238that undertaker or, as the case may be, Scottish Water] to receive it;]

F239(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 [F81section 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 [F81section 14(2) or (2A)].

[F240(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 [F241or a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002] , and

(ii)the information is not held by the authority on behalf of another person.]

[F83(4)In the preceding subsection, any reference to the Executive, the Environment Agency, 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, 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).]

(5)A person to whom information is disclosed in pursuance of [F242any 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 F85. . . of the Executive or [F243 of the Environment Agency 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)[F244in the case of information given to an officer of a body which is a local authority, a water undertaker, [F245or a sewerage undertaker or to an officer of Scottish Water,] the purposes of the body [F246authority, 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;

(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.

[F247(6)References in subsections (3) and (5) above to a local authority include F90. . . a joint authority established by Part IV of the Local Government Act 1985, [F91an 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,][F92 an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)][F93and the London Fire and Emergency Planning Authority].]

(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 [F94section 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 [F94section 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.

[F248(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].

[F249(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 [F250or a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002] , and

(b)the information is not held by the authority on behalf of another person.]

[F251(10)For the purposes of this section the Broads Authority shall be treated as a local authority.]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E14This 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))

Amendments (Textual)

F92Words in s. 28(6) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 32; S.I. 2008/917, art. 2(1)(o)(p)

F235Words 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

F237Words 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)}

F243Words 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

F245Words 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)}

Modifications etc. (not altering text)

C263Ss. 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))

C267S. 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).

C603S. 28 applied by S.I. 1989/840, arts. 2-10

S. 28 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9

S. 28 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10

S. 28: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(e), 5 (with s. 3(5))

S. 28 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

S. 28 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 28 restricted (15.11.2000) by S.I. 2000/2831, reg. 23(1)

C605S. 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).

C606Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

C607Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C608Ss. 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))

C609S. 28 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)(e)(3)

C610S. 28 applied (E.W.S.) by S.I. 2005/928, art. 4(3)(b)

C611S. 28 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)(g) (subject to (4)-(6)) (with art. 7)

C613Ss. 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}

C614S. 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.N.I.

(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 [F252under section 27A above [F74, 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 F75. . . the Executive, 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,

[F253(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

(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 [F81section 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 [F81section 14(2) or (2A)].

[F254(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.]

[F83(4)In the preceding subsection, any reference to the Executive, the Environment Agency, 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, 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).]

(5)A person to whom information is disclosed in pursuance of [F255any 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 F85. . . of the Executive 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 [F256body 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;

(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.

[F257(6)References in subsections (3) and (5) above to a local authority include F90. . . a joint authority established by Part IV of the Local Government Act 1985, [F91an 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,][F92 an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)][F93and the London Fire and Emergency Planning Authority].]

(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 [F94section 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 [F94section 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.

[F258(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].

[F259(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.]

[F260(10)For the purposes of this section the Broads Authority shall be treated as a local authority.]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E15This 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

Amendments (Textual)

F92Words in s. 28(6) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 32; S.I. 2008/917, art. 2(1)(o)(p)

Modifications etc. (not altering text)

C259Ss. 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))

C263Ss. 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))

C267S. 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).

C615Ss. 1, 25, 26, 27, 28, 30, 33, 34, 59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2, 10

C618Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)

C619Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C620s. 28 applied (with modifications) (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)-(4)

C621S. 28(7): Disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 12

Special provisions relating to agricultureE+W+S+N.I.

F9829. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F9930 Agricultural health and safety regulations.E+W+S+N.I.

(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”.]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C269Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C270Ss. 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))

C271Ss. 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))

F10031, 32.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

Provisions as to offencesE+W+S+N.I.

33 Offences.E+W+S+N.I.

(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 F101. . . 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 [F102or 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 [F103forge 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.

[F104(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).]

(5)

[F105Where a person is convicted of an offence under subsection (1)(g) or (o) above, then, if the contravention in respect of which he was convicted is continued after the conviction he shall (subject to section 42(3)) be guilty of further offence and [F106liable on summary conviction to a fine not exceeding £100] for each day on which the contravention is so continued.]

F107(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F104S. 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))

Modifications etc. (not altering text)

C272S. 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) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)

S. 33 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)

S. 33 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)

C273S. 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)

S. 33 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)

C274S. 33 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)

C275S. 33 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)

C276S. 33 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))

C277S. 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)

C278Ss. 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))

C279Ss. 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)}

C280Ss. 33-35 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}

C281S. 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)

C282S. 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)

C285S. 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)

C286S. 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

C289S. 33(1)(f) 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)

C290S. 33(1)(f) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C291Ss. 33(1)(f) applied (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

C292S. 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))

C293S. 33(1)(f) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17; s. 33(1)(f) applied (with modifications) (9.6.2004) by S.I. 2004/1309, reg. 17

C294S. 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)

C295S. 33(1)(g) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C296S. 33(1)(g) applied (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

C297S. 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))

C298S. 33(1)(g) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17; s. 33(1)(g) applied (with modifications) (9.6.2004) by S.I. 2004/1309, reg. 17

C299S. 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))

C300S. 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)

C301S. 33(1)(h) 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)

C302S. 33(1)(h) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C303Ss. 33(1)(h) applied (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

C304S. 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))

C305Ss. 33(1)(h) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17; s. 33(1)(h) applied (with modifications) (9.6.2004) by S.I. 2004/1309, reg. 17

C306S. 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)

C307S. 33(1)(i) 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)

C308S. 33(1)(i) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C309S. 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))

C310S. 33(1)(i) applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17; s. 33(1)(i) applied (with modifications) (9.6.2004) by S.I. 2004/1309, reg. 17

C311S. 33(1)(j) 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)

C312S. 33(1)(j) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C313S. 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))

C316S. 33(1)(k) 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)