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Health and Safety at Work etc. Act 1974

Status:

This is the original version (as it was originally enacted).

11General functions of the Commission and the Executive

(1)In addition to the other functions conferred on the Commission by virtue of this Act, but subject to subsection (3) below, it shall be the general duty of the Commission to do such things and make such arrangements as it considers appropriate for the general purposes of this Part except as regards matters relating exclusively to agricultural operations.

(2)It shall be the duty of the Commission, except as aforesaid—

(a)to assist and encourage persons concerned with matters relevant to any of the general purposes of this Part to further those purposes;

(b)to make such arrangements as it considers appropriate for the carrying out of research, the publication of the results of research and the provision of training and information in connection with those purposes, and to encourage research and the provision of training and information in that connection by others ;

(c)to make such arrangements as it considers appropriate for securing that government departments, employers, employees, organisations representing employers and employees respectively, and other persons concerned with matters relevant to any of those purposes are provided with an information and advisory service and are kept informed of, and adequately advised on, such matters;

(d)to submit from time to time to the authority having power to make regulations under any of the relevant statutory provisions such proposals as the Commission considers appropriate for the making of regulations under that power.

(3)It shall be the duty of the Commission—

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

(b)subject to the following paragraph, 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.

(4)In addition to any other functions conferred on the Executive by virtue of this Part, it shall be the duty of the Executive—

(a)to exercise on behalf of the Commission such of the Commission's functions as the Commission directs it to exercise; and

(b)to give effect to any directions given to it by the Commission otherwise than in pursuance of paragraph (a) above;

but, except for the purpose of giving effect to directions given to the Commission by the Secretary of State, the Commission shall not give to the Executive any directions as to the enforcement of any of the relevant statutory provisions in a particular case.

(5)Without prejudice to subsection (2) above, it shall be the duty of the Executive, if so requested by a Minister of the Crown—

(a)to provide him with information about the activities of the Executive in connection with any matter with which he is concerned ; and

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

(6)The Commission and the Executive shall, subject to any directions given to it in pursuance of this Part, have power to do anything (except borrow money) which is calculated to facilitate, or is conducive or incidental to, the performance of any function of the Commission or, as the case may be, the Executive (including a function conferred on it by virtue of this subsection).

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