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Health and Safety at Work etc. Act 1974

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Commencement Orders bringing legislation that affects this Act into force:

84 Extent, and application of Act.E+W+S+N.I.

(1)This Act, except—

(a)Part I and this Part so far as may be necessary to enable regulations under section 15 [F1or 30] to be made and operate for the purpose mentioned in paragraph 2 of Schedule 3; and

(b)paragraphs F2. . . 3 of Schedule 9,

does not extend to Northern Ireland.

(2)Part III, except section 75 and Schedule 7, does not extend to Scotland.

(3)Her Majesty may by Order in Council provide that the provisions of Parts I and II and this Part shall, to such extent and for such purposes as may be specified in the Order, apply (with or without modification) to or in relation to persons, premises, work, articles, substances and other matters (of whatever kind) outside Great Britain as those provisions apply within Great Britain or within a part of Great Britain so specified.

For the purposes of this subsection “premises”, “work” and “substance” have the same meanings as they have for the purposes of Part I.

(4)An Order in Council under subsection (3) above—

(a)may make different provision for different circumstances or cases;

(b)may (notwithstanding that this may affect individuals or bodies corporate outside the United Kingdom) provide for any of the provisions mentioned in that subsection, as applied by such an Order, to apply to individuals whether or not they are British subjects and to bodies corporate whether or not they are incorporated under the law of any part of the United Kingdom;

(c)may make provision for conferring jurisdiction on any court or class of courts specified in the Order with respect to offences under Part I committed outside Great Britain or with respect to causes of action arising by virtue of section 47(2) in respect of acts or omissions taking place outside Great Britain, and for the determination, in accordance with the law in force in such part of Great Britain as may be specified in the Order, of questions arising out of such acts or omissions;

(d)may exclude from the operation of section 3 of the M1Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under any provision of Part I committed outside Great Britain;

(e)may be varied or revoked by a subsequent Order in Council under this section;

and any such Order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F3(5)In relation to proceedings for an offence under Part I committed outside Great Britain by virtue of an Order in Council under subsection (3) above, section 38 shall have effect as if the words “by an inspector, or” were omitted.]

(6)Any jurisdiction conferred on any court under this section shall be without prejudice to any jurisdiction exercisable apart from this section by that or any other court.

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