Search Legislation

Health and Safety (Offences) Act 2008

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Health and Safety (Offences) Act 2008. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

SCHEDULES

Section 1(2)

SCHEDULE 1E+W+S+N.I.New Schedule 3A to the Health and Safety at Work etc. Act 1974

SCHEDULE 3AE+W+S+N.I.OFFENCES: 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 2E+W+S+N.I.New Schedule 3A to the Health and Safety at Work (Northern Ireland) Order 1978

SCHEDULE 3AE+W+S+N.I.OFFENCES: 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 3E+W+S+N.I.Consequential amendments

Explosives Act 1875 (c. 17)E+W+S+N.I.

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Health and Safety at Work etc. Act 1974 (c. 37)E+W+S+N.I.

2(1)In section 15 (health and safety regulations), subsection (6)(e) is omitted.E+W+S+N.I.

(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))E+W+S+N.I.

3(1)In Article 17 (health and safety regulations), paragraph (6)(e) is omitted.E+W+S+N.I.

(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)E+W+S+N.I.

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) ”.E+W+S+N.I.

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

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) ”.E+W+S+N.I.

Section 2

SCHEDULE 4E+W+S+N.I.Repeals

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

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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