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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

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

[F2( 2 )Breach of a duty imposed by a statutory instrument containing (whether alone or with other provision) health and safety regulations shall not be actionable except to the extent that regulations under this section so provide.

(2A)Breach of a duty imposed by an existing statutory provision shall not be actionable except to the extent that regulations under this section so provide (including by modifying any of the existing statutory provisions).

(2B)Regulations under this section may include provision for—

(a)a defence to be available in any action for breach of the duty mentioned in subsection (2) or (2A);

(b)any term of an agreement which purports to exclude or restrict any liability for such a breach to be void.]

(3)No provision made by virtue of section 15(6)(b) shall afford a defence in any civil proceedingsF3...F4F3....

(4)Subsections (1)(a) [F5 , (2) and (2A)] above are without prejudice to any right of action which exists apart from the provisions of this Act, and subsection [F6 (2B)(a) ]above is without prejudice to any defence which may be available apart from the provisions of the regulations there mentioned.

F7(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(7)The power to make regulations under this section shall be exercisable by the Secretary of State.]

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Amendments (Textual)

F1S. 47(1)(b) omitted (25.4.2013 for specified purposes) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 69(2), 103(1)(i), (3) (with s. 69(8)-(10))

F2S. 47(2)-(2B) substituted for s. 47(2) (25.4.2013 for specified purposes) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 69(3), 103(1)(i), (3), (3) (with s. 69(8)-(10))

F5Words in s. 47(4) substituted (25.4.2013 for specified purposes) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 69(5)(a), 103(1)(i), (3) (with s. 69(8)-(10))

F6Word in s. 47(4) substituted (25.4.2013 for specified purposes) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 69(5)(b), 103(1)(i), (3) (with s. 69(8)-(10))

F7S. 47(5)(6) omitted (25.4.2013 for specified purposes) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 69(6), 103(1)(i), (3) (with s. 69(8)-(10))

F8 s. 47(7) inserted (25.4.2013 for specified purposes) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 69(7), 103(1)(i), (3), (3) (with s. 69(8)-(10))

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))

C3Ss. 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))

C4Ss. 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))

C5S. 47(2) applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(c)

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