C5C6C7C8C9C10C11C12C13C14C15C16C17C18E3C19C20C1C2C3 Part I Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere
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
Pt. 1 (ss. 1–54) extended by Gas Act 1986 (c. 44, SIF 44:2), ss. 18, 48(3)(4)
Pt. 1 (ss. 1–54) applied by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 para. 6(2)
Pt. 1 (ss. 1–54) amended by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36
Pt. 1 (ss. 1–54) amended by S.I. 1988/1222, regs. 3, 4
Pt. 1 (ss. 1–54) extended by S.I. 1989/1671, reg. 4
Pt. 1 (ss. 1–54) amended by S.I. 1989/1810, reg. 3 (which S.I. was revoked (1.2.1993) by S.I. 1992/3217, reg. 25).
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)
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
Pt. 1 (ss. 1-54) extended (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.) (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
Pt. 1 (ss. 1-54) extended (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 4
Pt. 1 (ss. 1-54) modified (E.W.S.) (1.1.1993) by S.I. 1992/2051, reg. 16(2)
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
Pt. 1 (ss. 1-54) applied (with modifications) (14.4.1999) by S.I. 1999/860, reg. 2
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
Pt. 1 restricted (S.) (1.10.2006) by 2005 asp 5, ss. 70, 90; S.I. 2006/458, art. 2 (subject to art. 3)
Pt. 1 modified (prosp.) by Energy Act 2008 (c. 32), ss. 99(1), 110
Pt. 1: power to repeal or modify conferred (prosp.) by Energy Act 2008 (c. 32), ss. 99(1)(2), 110
Miscellaneous and supplementary
C23C21C22E1C4F6 51A Application of Part to police.
1
For the purposes of this Part, a person who, otherwise than under a contract of employment, holds the office of constable or an appointment as police cadet shall be treated as an employee of the relevant officer.
2
In this section “ the relevant officer ”—
a
in relation to a member of a police force or a special constable or police cadet appointed for a police area, F9means—,
i
the chief officer of police of that force, or
ii
in the case of a member of the force or a special constable who is, by virtue of a collaboration agreement under section 22A of the Police Act 1996, under the direction and control of a chief officer (within the meaning given by section 23I of that Act), that chief officer,
F2b
in relation to a member of a police force seconded to the F8 National Crime Agency to serve as a National Crime Agency officer , means that Agency, and
c
in relation to any other person holding the office of constable or an appointment as police cadet, F11means—
i
the person who has the direction and control of the body of constables or cadets in question, or
ii
in the case of a constable who is, by virtue of a collaboration agreement under section 22A of the Police Act 1996, under the direction and control of a chief officer (within the meaning given by section 23I of that Act), that chief officer.
.
F12A
For the purposes of this Part the relevant officer, as defined by subsection (2)(a) or (c) above, shall F7 , if not a corporation sole, be treated as a corporation sole.
2B
Where, in a case in which the relevant officer, as so defined, is guilty of an offence by virtue of this section, it is proved—
a
that the officer-holder personally consented to the commission of the offence,
b
that he personally connived in its commission, or
c
that the commission of the offence was attributable to personal neglect on his part,
the office-holder (as well as the corporation sole) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
2C
In subsection (2B) above “ the office-holder ”, in relation to the relevant officer, means an individual who, at the time of the consent, connivance or neglect—
a
held the office or other position mentioned in subsection (2) above as the office or position of that officer; or
b
was for the time being responsible for exercising and performing the powers and duties of that office or position.
2D
The provisions mentioned in subsection (2E) below (which impose the same liability for unlawful conduct of constables on persons having their direction or control as would arise if the constables were employees of those persons) do not apply to any liability by virtue of this Part.
2E
Those provisions are—
F13a
section 24 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) ;
b
section 88(1) of the Police Act 1996;
c
F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001;
F10f
paragraph 2 of Schedule 4 to the Crime and Courts Act 2013;
F5g
paragraph 20 of Schedule 1 to the Police and Justice Act 2006;
2F
In the application of this section to Scotland—
a
subsection (2A) shall have effect as if for the words “corporation sole” there were substituted distinct juristic person (that is to say, as a juristic person distinct from the individual who for the time being is the office-holder);
b
subsection (2B) shall have effect as if for the words “corporation sole” there were substituted juristic person; and
c
subsection (2C) shall have effect as if for the words “subsection (2B)” there were substituted subsections (2A) and (2B).
3
For the purposes of regulations under section 2(4) above—
a
the Police Federation for England and Wales shall be treated as a recognised trade union recognised by each chief officer of police in England and Wales,
b
the Police Federation for Scotland shall be treated as a recognised trade union recognised by F12the chief constable of the Police Service of Scotland, and
c
any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996 shall be treated as a recognised trade union recognised by each chief officer of police in England, Wales and Scotland.
4
Regulations under section 2(4) above may provide, in relation to persons falling within subsection (2)(b) or (c) above, that a body specified in the regulations is to be treated as a recognised trade union recognised by such person as may be specified.
C21C22E2C4C23F6 51A Application of Part to police.
1
For the purposes of this Part, a person who, otherwise than under a contract of employment, holds the office of constable or an appointment as police cadet shall be treated as an employee of the relevant officer.
2
In this section “ the relevant officer ”—
a
in relation to a member of a police force or a special constable or police cadet appointed for a police area, means the chief officer of police,
b
in relation to a person holding office under section 9(1)(b) or 55(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service and the National Crime Squad) means the Director General of the National Criminal Intelligence Service or, as the case may be, the Director General of the National Crime Squad, and
c
in relation to any other person holding the office of constable or an appointment as police cadet, means the person who has the direction and control of the body of constables or cadets in question.
F12A
For the purposes of this Part the relevant officer, as defined by subsection (2)(a) or (c) above, shall be treated as a corporation sole.
2B
Where, in a case in which the relevant officer, as so defined, is guilty of an offence by virtue of this section, it is proved—
a
that the officer-holder personally consented to the commission of the offence,
b
that he personally connived in its commission, or
c
that the commission of the offence was attributable to personal neglect on his part,
the office-holder (as well as the corporation sole) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
2C
In subsection (2B) above “ the office-holder ”, in relation to the relevant officer, means an individual who, at the time of the consent, connivance or neglect—
a
held the office or other position mentioned in subsection (2) above as the office or position of that officer; or
b
was for the time being responsible for exercising and performing the powers and duties of that office or position.
2D
The provisions mentioned in subsection (2E) below (which impose the same liability for unlawful conduct of constables on persons having their direction or control as would arise if the constables were employees of those persons) do not apply to any liability by virtue of this Part.
2E
Those provisions are—
a
section 39 of the Police (Scotland) Act 1967;
b
section 88(1) of the Police Act 1996;
c
F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001;
F10f
paragraph 2 of Schedule 4 to the Crime and Courts Act 2013;
F5g
paragraph 20 of Schedule 1 to the Police and Justice Act 2006;
2F
In the application of this section to Scotland—
a
subsection (2A) shall have effect as if for the words “corporation sole” there were substituted distinct juristic person (that is to say, as a juristic person distinct from the individual who for the time being is the office-holder);
b
subsection (2B) shall have effect as if for the words “corporation sole” there were substituted juristic person; and
c
subsection (2C) shall have effect as if for the words “subsection (2B)” there were substituted subsections (2A) and (2B).
3
For the purposes of regulations under section 2(4) above—
a
the Police Federation for England and Wales shall be treated as a recognised trade union recognised by each chief officer of police in England and Wales,
b
the Police Federation for Scotland shall be treated as a recognised trade union recognised by each chief officer of police in Scotland, and
c
any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996 shall be treated as a recognised trade union recognised by each chief officer of police in England, Wales and Scotland.
4
Regulations under section 2(4) above may provide, in relation to persons falling within subsection (2)(b) or (c) above, that a body specified in the regulations is to be treated as a recognised trade union recognised by such person as may be specified.
For the application of Pt. I to Northern Ireland see s. 84(1).