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Health and Safety at Work etc. Act 1974

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Health and Safety at Work etc. Act 1974, Cross Heading: The Health and Safety Commission and the Health and Safety Executive is up to date with all changes known to be in force on or before 15 December 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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

[F1 10 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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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)

C20Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C21Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C22Ss. 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))

C23Ss. 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))

C24S. 10(1) applied (with modifications) (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(a), 2

C25S. 10(1) applied (with modifications) (8.12.2016) by The Lifts Regulations 2016 (S.I. 2016/1093), reg. 1, Sch. 8 paras. 1(a), 2 (with regs. 3-5)

[F2 11 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 [F3any of the transferred purposes]; and

(b)the reference to the making of regulations under the relevant statutory provisions does not include a reference so far as the regulations are made [F4

(i)for any of the transferred purposes, or

(ii)under section 43 and concern fees relating to nuclear site regulation.]

[F5(4A)In subsection (4)—

(a)the transferred purposes ” means—

(i)the railway safety purposes;

(ii)the nuclear safety purposes;

(iii)the nuclear security purposes;

(iv)the nuclear safeguards purposes;

(v)the radioactive material transport purposes;

(b)fees relating to nuclear site regulation ” means fees payable for or in connection with the performance of a function by or on behalf of—

(i)the Office for Nuclear Regulation, or

(ii)any inspector appointed by the Office for Nuclear Regulation.

[F6(4AA)Subsection (4)(b)(i) does not apply in relation to the making of regulations under section 3(2) for the railway safety purposes (and, accordingly, the Executive shall submit under subsection (3) such proposals as the Executive considers appropriate for the making of regulations under section 3(2) for those purposes).]

(4B)The Executive may submit to the Secretary of State any proposal submitted to it by the Office for Nuclear Regulation under section 81 of the Energy Act 2013 (proposals about orders and regulations).]

(5)It shall be the duty of the Executive—

(a)to submit to the Secretary of State from time to time particulars of what it proposes to do for the purpose of performing of its functions;

(b)to ensure that its activities are in accordance with proposals approved by the Secretary of State; and

(c)to give effect to any directions given to it by the Secretary of State.

(6)The Executive shall provide a Minister of the Crown on request—

(a)with information about its activities in connection with any matter with which the Minister is concerned; and

(b)with advice on any matter with which he is concerned, where relevant expert advice is obtainable from any of the officers or servants of the Executive, but which is not relevant to the general purposes of this Part.]

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Amendments (Textual)

F3Words in s. 11(4)(a) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 2(2)(a); S.I. 2014/251, art. 4

F4Words in s. 11(4)(b) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 2(2)(b); S.I. 2014/251, art. 4

F6S. 11(4AA) inserted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), ss. 1(4), 115(2)(a) (with s. 1(6)); S.I. 2015/1732, art. 2(a)

Modifications etc. (not altering text)

C20Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C26Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C27Ss. 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))

C28Ss. 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))

[F7 12 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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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)

C20Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

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))

C31Ss. 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))

[F8 13 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.

[F9(6A)The reference in subsection (6) to the general purposes of this Part does not include a reference to any of the following—

(a)the nuclear safety purposes;

(b)the nuclear security purposes;

(c)the nuclear safeguards purposes;

(d)the radioactive material transport purposes.]

(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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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)

C20Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C32Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C33Ss. 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))

C34S. 13(2) restricted (E.W.S.) (8.11.2006) by 2006 c. 49, s. 51(2) (with s. 61(9)(a))

C35Ss. 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))

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 [F10the 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

[F11(a)those general purposes shall be treated as not including the railway safety purposes [F12or the ONR's purposes]; but

(b)it is otherwise ] immaterial whether the Executive is or is not responsible for securing the enforcement of such (if any) of the relevant statutory provisions as relate to the matter in question.

[F13(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 [F14subsection (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.

[F15(4A)Provision that may be made by virtue of subsection (4)(a) includes, in particular, provision conferring functions on the Office for Nuclear Regulation in relation to powers of entry and inspection in relation to any premises for which it is an enforcing authority.]

[F16(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)[F17The Executive]

(a)in the case of an investigation and special report made by virtue of [F18subsection (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 [F19subsection (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.

F20F21(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Amendments (Textual)

F11Words 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

F12Words in s. 14(1)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 4(2); S.I. 2014/251, art. 4

Modifications etc. (not altering text)

C20Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C36Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C37Ss. 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))

C39Ss. 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))

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 [F10the 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.

[F13(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 [F14subsection (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.

[F15(4A)Provision that may be made by virtue of subsection (4)(a) includes, in particular, provision conferring functions on the Office for Nuclear Regulation in relation to powers of entry and inspection in relation to any premises for which it is an enforcing authority.]

[F16(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)[F17The Executive]

(a)in the case of an investigation and special report made by virtue of [F18subsection (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 [F19subsection (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.

F21(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Extent Information

E3This 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)

C36Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C37Ss. 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))

C39Ss. 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))

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