Search Legislation

Health and Safety (Offences) Act 2008

Status:

This is the original version (as it was originally enacted).

Health and Safety (Offences) Act 2008

2008 CHAPTER 20

An Act to revise the mode of trial and maximum penalties applicable to certain offences relating to health and safety.

[16th October 2008]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1Health and safety offences: mode of trial and maximum penalty

(1)In section 33 of the Health and Safety at Work etc. Act 1974 (c. 37) (offences), for subsections (1A) to (4) there is substituted—

(2)Schedule 3A (which specifies the mode of trial and maximum penalty applicable to offences under this section and the existing statutory provisions) has effect.

(3)Schedule 3A is subject to any provision made by virtue of section 15(6)(c) or (d).

(2)After Schedule 3 to that Act there is inserted the Schedule 3A set out in Schedule 1 to this Act.

(3)In Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)) (offences), for paragraphs (1A) to (5) there is substituted—

(2)Schedule 3A (which specifies the mode of trial and maximum penalty applicable to offences under this Article and the existing statutory provisions) has effect.

(3)Schedule 3A is subject to any provision made by virtue of Article 17(6)(c) or (d).

(4)After Schedule 3 to that Order there is inserted the Schedule 3A set out in Schedule 2 to this Act.

2Consequential amendments and repeals

(1)Schedules 3 (consequential amendments) and 4 (repeals) have effect.

(2)The Secretary of State may make any amendments to existing regulations that he or she considers necessary or expedient in consequence of the amendments made by section 1(1) and (2).

(3)The power conferred by subsection (2) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(4)The Department concerned (within the meaning given in Article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))) may make any amendments to existing regulations that it considers necessary or expedient in consequence of the amendments made by section 1(3) and (4).

(5)The power conferred by subsection (4) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

Such a rule is subject to negative resolution within the meaning of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

(6)In this section “existing regulations” means regulations made before the passing of this Act.

3Short title, commencement and extent

(1)This Act may be cited as the Health and Safety (Offences) Act 2008.

(2)This Act comes into force at the end of the period of three months beginning with the day on which it is passed.

(3)This Act does not apply to offences committed before it comes into force.

(4)This Act extends to England and Wales, Scotland and Northern Ireland (except that an amendment or repeal made by this Act has the same extent as the provision to which it relates).

SCHEDULES

Section 1(2)

SCHEDULE 1New Schedule 3A to the Health and Safety at Work etc. Act 1974

SCHEDULE 3AOFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY

1The mode of trial and maximum penalty applicable to each offence listed in the first column of the following table are as set out opposite that offence in the subsequent columns of the table.

OffenceMode of trialPenalty on summary convictionPenalty on conviction on indictment
An offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of sections 2 to 6.Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of section 7.Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(b) consisting of a contravention of section 8.Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(b) consisting of a contravention of section 9.Summarily or on indictment.A fine not exceeding £20,000.A fine.
An offence under section 33(1)(c).Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(d).Summarily only.A fine not exceeding level 5 on the standard scale.
An offence under section 33(1)(e), (f) or (g).Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(h).Summarily only.Imprisonment for a term not exceeding 51 weeks (in England and Wales) or 12 months (in Scotland), or a fine not exceeding level 5 on the standard scale, or both.
An offence under section 33(1)(i).Summarily or on indictment.A fine not exceeding the statutory maximum.A fine.
An offence under section 33(1)(j).Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(k), (l) or (m).Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under section 33(1)(n).Summarily only.A fine not exceeding level 5 on the standard scale.
An offence under section 33(1)(o).Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under the existing statutory provisions for which no other penalty is specified.Summarily or on indictment.Imprisonment for a term not exceeding 12 months, or a fine not exceeding £20,000, or both.Imprisonment for a term not exceeding two years, or a fine, or both.

2(1)This paragraph makes transitional modifications of the table as it applies to England and Wales.

(2)In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates' court’s powers to imprison), a reference to imprisonment for a term not exceeding 12 months is to be read as a reference to imprisonment for a term not exceeding six months.

(3)In relation to an offence committed before the commencement of section 281(5) of that Act (alteration of penalties for summary offences), a reference to imprisonment for a term not exceeding 51 weeks is to be read as a reference to imprisonment for a term not exceeding six months.

Section 1(4)

SCHEDULE 2New Schedule 3A to the Health and Safety at Work (Northern Ireland) Order 1978

SCHEDULE 3AOFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY

The mode of trial and maximum penalty applicable to each offence listed in the first column of the following table are as set out opposite that offence in the subsequent columns of the table.

OffenceMode of trialPenalty on summary convictionPenalty on conviction on indictment
An offence under Article 31(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of Articles 4 to 7.Summarily or on indictment.Imprisonment for a term not exceeding 6 months, or a fine not exceeding £20,000, or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under Article 31(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of Article 8.Summarily or on indictment.Imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under Article 31(1)(b) consisting of a contravention of Article 9.Summarily or on indictment.Imprisonment for a term not exceeding 6 months, or a fine not exceeding £20,000, or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under Article 31(1)(b) consisting of a contravention of Article 10.Summarily or on indictment.A fine not exceeding £20,000.A fine.
An offence under Article 31(1)(c).Summarily or on indictment.Imprisonment for a term not exceeding 6 months, or a fine not exceeding £20,000, or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under Article 31(1)(d).Summarily only.A fine not exceeding level 5 on the standard scale.
An offence under Article 31(1)(e), (f) or (g).Summarily or on indictment.Imprisonment for a term not exceeding 6 months, or a fine not exceeding £20,000, or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under Article 31(1)(h).Summarily only.Imprisonment for a term not exceeding 6 months, or a fine not exceeding level 5 on the standard scale, or both.
An offence under Article 31(1)(i).Summarily or on indictment.A fine not exceeding the statutory maximum.A fine.
An offence under Article 31(1)(j).Summarily or on indictment.Imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under Article 31(1)(k), (l) or (m).Summarily or on indictment.Imprisonment for a term not exceeding 6 months, or a fine not exceeding £20,000, or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under Article 31(1)(n).Summarily only.A fine not exceeding level 5 on the standard scale.
An offence under Article 31(1)(o).Summarily or on indictment.Imprisonment for a term not exceeding 6 months, or a fine not exceeding £20,000, or both.Imprisonment for a term not exceeding two years, or a fine, or both.
An offence under the existing statutory provisions for which no other penalty is specified.Summarily or on indictment.Imprisonment for a term not exceeding 6 months, or a fine not exceeding £20,000, or both.Imprisonment for a term not exceeding two years, or a fine, or both.

Section 2

SCHEDULE 3Consequential amendments

Explosives Act 1875 (c. 17)

1(1)In section 40(9)(d) (importation of certain explosives) so far as that provision continues to apply, despite its repeal, by virtue of—

(a)regulation 27(17) of the Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082), or

(b)regulation 26(18) of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425),

the reference to penalties specified in section 33(3) of the Health and Safety at Work etc. Act 1974 or Article 31(4) of the Health and Safety at Work (Northern Ireland) Order 1978 is to be read as a reference to penalties specified in the final item of Schedule 3A to that Act or Schedule 3A to that Order (mode of trial and penalty for offence under “existing statutory provisions” for which no other penalty is specified).

(2)In section 43 (specially dangerous explosives)—

(a)in the sentence beginning “A person who manufactures” as it extends to England and Wales and Scotland, for “and liable to the penalties specified in section 33(3) of the Health and Safety at Work etc. Act 1974” there is substituted “and liable as mentioned in the final item of Schedule 3A to the Health and Safety at Work etc. Act 1974 (mode of trial and penalty for offence under “existing statutory provisions” for which no other penalty is specified)”;

(b)in that sentence as it extends to Northern Ireland, for “and liable to the penalties specified in Article 31(4) of the Health and Safety at Work (Northern Ireland) Order 1978” there is substituted “and liable as mentioned in the final item of Schedule 3A to the Health and Safety at Work (Northern Ireland) Order 1978 (mode of trial and penalty for offence under “existing statutory provisions” for which no other penalty is specified)”;

(c)in the sentence beginning “If any explosive is imported or sold”, for “and liable to the penalties specified in section 33(3) of” there is substituted “and liable as mentioned in the final item of Schedule 3A to”.

Health and Safety at Work etc. Act 1974 (c. 37)

2(1)In section 15 (health and safety regulations), subsection (6)(e) is omitted.

(2)In section 42 (remedy and forfeiture), after subsection (3) there is inserted—

(3A)Subsection (4) applies where a person is convicted of an offence consisting of acquiring or attempting to acquire, possessing or using an explosive article or substance (within the meaning of any of the relevant statutory provisions) in contravention of any of the relevant statutory provisions.

(3)In subsection (4) of that section, for the words from “a person” to “there mentioned” there is substituted “the person is convicted of the offence”.

Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))

3(1)In Article 17 (health and safety regulations), paragraph (6)(e) is omitted.

(2)In Article 39 (remedy and forfeiture), after paragraph (3) there is inserted—

(3A)Paragraph (4) applies where a person is convicted of an offence consisting of acquiring or attempting to acquire, possessing or using an explosive article or substance (within the meaning of any of the relevant statutory provisions) in contravention of any of the relevant statutory provisions.

(3)In paragraph (4) of that Article, for the words from “a person” to “there mentioned” there is substituted “the person is convicted of the offence”.

Activity Centres (Young Persons' Safety) Act 1995 (c. 15)

4In section 2 (offences), in subsection (4)(f), for “, and (2) to (4)” there is substituted “and (2) (and the related provisions of Schedule 3A)”.

Activity Centres (Young Persons' Safety) (Northern Ireland) Order 1998 (S.I. 1998/1069 (N.I. 5))

5In Article 4 (offences), in paragraph (4)(f), for “, (2), (2A), (4) and (5)” there is substituted “and (2) (and the related provisions of Schedule 3A)”.

Section 2

SCHEDULE 4Repeals

Short title and referenceExtent of repeal
Health and Safety at Work etc. Act 1974 (c. 37)Section 15(6)(e).
Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))Article 17(6)(e).
Offshore Safety Act 1992 (c. 15)Section 4.
Offshore, and Pipelines, Safety (Northern Ireland) Order 1992 (S.I. 1992/1728 (N.I. 17))Article 6.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources