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Health and Safety at Work etc. Act 1974

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47 Civil liability.E+W+S+N.I.

(1)Nothing in this Part shall be construed—

(a)as conferring a right of action in any civil proceedings in respect of any failure to comply with any duty imposed by sections 2 to 7 or any contravention of section 8; or

(b)as affecting the extent (if any) to which breach of a duty imposed by any of the existing statutory provisions is actionable; or

(c)as affecting the operation of section 12 of the M1Nuclear Installations Act 1965 (right to compensation by virtue of certain provisions of that Act).

(2)Breach of a duty imposed by health and safety regulations F1. . . shall, so far as it causes damage, be actionable except in so far as the regulations provide otherwise.

(3)No provision made by virtue of section 15(6)(b) shall afford a defence in any civil proceedings, whether brought by virtue of subsection (2) above or not; but as regards any duty imposed as mentioned in subsection (2) above health and safety regulations F1. . . may provide for any defence specified in the regulations to be available in any action for breach of that duty.

(4)Subsections (1)(a) and (2) above are without prejudice to any right of action which exists apart from the provisions of this Act, and subsection (3) above is without prejudice to any defence which may be available apart from the provisions of the regulations there mentioned.

(5)Any term of an agreement which purports to exclude or restrict the operation of subsection (2) above, or any liability arising by virtue of that subsection shall be void, except in so far as health and safety regulations F1. . . provide otherwise.

(6)In this section “damage” includes the death of, or injury to, any person (including any disease and any impairment of a person’s physical or mental condition).

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Modifications etc. (not altering text)

C1Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

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)

C2Ss. 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))

C4S. 47(2) applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(c)

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