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

Part I U.K. Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere

Extent Information

E1 For the application of Pt. I to Northern Ireland see s. 84(1).

Modifications etc. (not altering text)

C1 Pt. 1 (ss. 1–54) extended by S.I. 1981/1011, reg. 9, 1983/1919, reg. 3

Pt. 1 (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. 1 (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. 1 (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. 1 (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

C2 Pt. 1 (ss. 1–54) extended by Gas Act 1986 (c. 44, SIF 44:2), ss. 18, 48(3)(4)

C3 Pt. 1 (ss. 1–54) applied by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 para. 6(2)

C4 Pt. 1 (ss. 1–54) amended by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36

C5 Pt. 1 (ss. 1–54) amended by S.I. 1988/1222, regs. 3, 4

C6 Pt. 1 (ss. 1–54) extended by S.I. 1989/1671, reg. 4

C7 Pt. 1 (ss. 1–54) amended by S.I. 1989/1810, reg. 3 (which S.I. was revoked (1.2.1993) by S.I. 1992/3217, reg. 25).

C8 Pt. 1 (ss. 1–54) amended by S.I. 1990/1380, reg. 3

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

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

Pt. 1 (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)

C9 Pt. 1 extended by S.I. 1978/752, reg. 3

Pt. 1 (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. 1 (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. 1 (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

C10 Pt. 1 (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), S. 1(1)

C11 Pt. 1 (ss. 1-54) amended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 1(1)

Pt. 1 (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

C12 Pt. 1 (ss. 1-54) extended (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 4

C13 Pt. 1 (ss. 1-54) modified (E.W.S.) (1.1.1993) by S.I. 1992/2051, reg. 16(2)

C14 Pt. 1 (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

C15 Pt. 1 (ss. 1-54) applied (with modifications) (14.4.1999) by S.I. 1999/860, reg. 2

C16 Pt. 1 (ss. 1-54) applied (1.7.1999) by S.I. 1999/1517, reg. 12(3), Sch. 4 para. 12(3)(c)

Pt. 1: 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

C17 Pt. 1 restricted (S.) (1.10.2006) by 2005 asp 5, ss. 70, 90; S.I. 2006/458, art. 2 (subject to art. 3)

C18 Pt. 1 modified (prosp.) by Energy Act 2008 (c. 32), ss. 99(1), 110

C19 Pt. 1: power to repeal or modify conferred (prosp.) by Energy Act 2008 (c. 32), ss. 99(1)(2), 110

C20 Pt. 1 modified (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), regs. 1(2), 2(3) (with regs. 2(5), 3, Sch. 8)

C21 Pt. 1 applied (E.W.S.) (6.2.2018) by The Ionising Radiation (Medical Exposure) Regulations 2017 (S.I. 2017/1322), regs. 1, 18

The Health and Safety Commission and the Health and Safety Executive U.K.

[F1 13 Powers of the Executive. U.K.

(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 [F2 on its behalf], 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 [F3 on behalf of the 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 [F4 or in connection with its building functions], to a government department or public authority in connection with the exercise of that department's or authority's functions.

[F5 (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 [F6 except its building 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.]

Textual Amendments

F1 Ss. 11-13 substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 5 (with art. 21, Sch. 2)

F2 Words in s. 13(3) inserted (E.W.S.) (28.6.2022) by Building Safety Act 2022 (c. 30), s. 170(5), Sch. 1 para. 5(2); S.I. 2022/561, reg. 3(a)

F3 Words in s. 13(4) inserted (E.W.S.) (28.6.2022) by Building Safety Act 2022 (c. 30), s. 170(5), Sch. 1 para. 5(3); S.I. 2022/561, reg. 3(a)

F4 Words in s. 13(6) inserted (E.W.S.) (28.6.2022) by Building Safety Act 2022 (c. 30), s. 170(5), Sch. 1 para. 5(4); S.I. 2022/561, reg. 3(a)

F5 S. 13(6A) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 3; S.I. 2014/251, art. 4

F6 Words in s. 13(7) inserted (E.W.S.) (28.6.2022) by Building Safety Act 2022 (c. 30), s. 170(5), Sch. 1 para. 5(5); S.I. 2022/561, reg. 3(a)

Modifications etc. (not altering text)

C22 Ss. 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))

C23 Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C24 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))

C25 S. 13(2) restricted (E.W.S.) (8.11.2006) by 2006 c. 49, s. 51(2) (with s. 61(9)(a))

C26 Ss. 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))