Health and Safety at Work etc. Act 1974

80 General power to repeal or modify Acts and instruments

(1) Regulations made under this subsection may repeal or modify any provision to which this subsection applies if it appears to the authority making the regulations that the repeal or, as the case may be, the modification of that provision is expedient in consequence of or in connection with any provision made by or under Part I.

(2) Subsection (1) above applies to any provision, not being among the relevant statutory provisions, which—

(a) is contained in this Act or in any other Act passed before or in the same Session as this Act; or

(b) is contained in any regulations, order or other instrument of a legislative character which was made under an Act before the passing of this Act; or

(c) applies, excludes or for any other purpose refers to any of the relevant statutory provisions and is contained in any Act not falling within paragraph (a) above or in any regulations, order or other instrument of a legislative character which is made under an Act but does not fall within paragraph (b) above.

(3) Without prejudice to the generality of subsection (1) above, the modifications which may be made by regulations thereunder include modifications relating to the enforcement of provisions to which this section applies (including the appointment of persons for the purpose of such enforcement, and the powers of persons so appointed).

(4) The power to make regulations under subsection (1) above shall be exercisable—

(a) in relation to provisions not relating exclusively to agricultural operations, by the Secretary of State ;

(b) in relation to provisions relating exclusively to the relevant agricultural purposes, by the appropriate agriculture authority;

but before making regulations under that subsection the Secretary of State or the appropriate agriculture authority shall consult such bodies as appear to the Secretary of State or, as the case may be, that authority to be appropriate.

(5) Regulations under subsection (1) above in relation to provisions falling within subsection (4)(b) above may be either regulations applying to Great Britain and made by the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, or regulations applying to England and Wales only and made by the said Minister, or regulations applying to Scotland only and made by the Secretary of State; and in subsection (4)(b) above " the appropriate agriculture authority " shall be construed accordingly.

(6) In this section " the relevant statutory provisions," " the relevant agricultural purposes " and " agricultural operation " have the same meaning as in Part I.