National Health Service (Amendment) Act 1986

2 Health and safety legislation.

(1) For the purposes of health and safety legislation—

(a) a health authority shall not be regarded as the servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown; and

(b) premises used by a health authority shall not be regarded as property of or property held on behalf of the Crown.

(2) In this section—

• “health authority”—

  (a)

  as respects England and Wales, has the meaning assigned to it by section 128 of the 1977 Act; and

  (b)

  as respects Scotland, means a Health Board constituted under section 2 of the 1978 Act, the Common Services Agency constituted under section 10 of that Act or a State Hospital Management Committee constituted under section 91 of the [1984 c. 36.] Mental Health (Scotland) Act 1984; and

• “the health and safety legislation” means—

  (a)

  the [1974 c. 37.] Health and Safety at Work etc. Act 1974 and the regulations, orders and other instruments in force under it; and

  (b)

  the enactments specified in the third column of Schedule 1 to that Act and the regulations, orders and other instruments in force under those enactments.

(3) Section 125 of the 1977 Act and section 101 of the 1978 Act shall have no effect in relation to any action, liability, claim or demand arising out of the health and safety legislation.

(4) This section shall have no effect in relation to anything done or omitted before its commencement.