Health and Safety at Work etc. Act 1974

50 Regulations under the relevant statutory provisions. E+W+S+N.I.

[F1 (1) Where any power to make regulations under any of the relevant statutory provisions is exercisable by the Secretary of State, that power may be exercised either—

(a) so as to give effect (with or without modifications) to proposals submitted by the Executive under section 11(3); or

(b) subject to subsection (1AA), independently of such proposals.

(1AA) The Secretary of State shall not exercise the power referred to in subsection (1) independently of proposals from the Executive unless he has consulted the Executive and such other bodies as appear to him to be appropriate.]

[F2 (1A) Subsection (1) does not apply to the exercise of a power to make regulations so far as it is exercised—

(a) for giving effect (with or without modifications) to proposals submitted by the Office of Rail Regulation under paragraph 2(5) of Schedule 3 to the Railways Act 2005; or

(b) otherwise for or in connection with the railway safety purposes.]

(2) Where the [F3 authority who is to exercise any such power as is mentioned in subsection (1) above proposes to exercise that power] so as to give effect to any such proposals as are there mentioned with modifications, he shall, before making the regulations, consult [F4 the Executive] .

(3) Where [F5 the Executive] proposes to submit [F6 under section [F7 11(3)]] any such proposals as are mentioned in subsection (1) above except proposals for the making of regulations under section 43(2), it shall, before so submitting them, consult—

(a) any government department or other body that appears to [F5 the Executive] to be appropriate (and, in particular, in the case of proposals for the making of regulations under section 18(2), any body representing local authorities that so appears, and, in the case of proposals for the making of regulations relating to the electro-magnetic radiations, [F8 the Health Protection Agency]);

(b) such government departments and other bodies, if any, as, in relation to any matter dealt with in the proposals, [F5 the Executive] is required to consult under this subsection by virtue of directions given to it by the Secretary of State.

F9 (4), (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

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Amendments (Textual)

F1 S. 50(1)(1AA) substituted (1.4.2008) for s. 50(1) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 16(2) (with art. 21, Sch. 2)

F2 S. 50(1A) inserted (E.W.S.) (1.4.2006) by Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para. 13; S.I. 2006/266, art. 2(2), Sch.

F3 Words substituted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 16(2)

F4 Words in s. 50(2) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 16(3) (with art. 21, Sch. 2)

F5 Words in s. 50(3) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 16(4)(b) (with art. 21, Sch. 2)

F6 Words substituted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 16(3)

F7 Words in s. 50(3) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 16(4)(a) (with art. 21, Sch. 2)

F8 Words in s. 50(3)(a) substituted (1.4.2005) by Health Protection Agency Act 2004 (c. 17), s. 11, Sch. 3 para. 5(3), S.I. 2005/121, {art. 2(2)}

F9 Ss. 2(5), 29, 31, 32, 50(4)(5), 53(2)–(6) repealed by Employment Protection Act 1975 (c. 71), Sch. 18

Modifications etc. (not altering text)

C1 S. 50 applied by S.I. 1989/840, arts. 2-10

C2 S. 50 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))

C3 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))