The Health and Safety (Enforcing Authority) Regulations 1989

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—“the 1974 Act” means the Health and Safety at Work etc. Act 1974;“agricultural activities” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, including the management of livestock up to the point of slaughter or export from Great Britain, forestry, the use of land as grazing land, market gardens and nursery grounds and the preparation of land for agricultural use; and for this purpose “livestock breeding and keeping” does not include activities the main purpose of which is entertainment or the breeding or keeping of livestock at a shop;“the Commission” means the Health and Safety Commission;“common parts” means those parts of premises used in common by, or for providing common services to or common facilities for, the occupiers of the premises;“construction work” means a “building operation” or a “work of engineering construction” within the meanings assigned to those expressions by section 176(1) of the Factories Act 1961(1);“contractor” means a self-employed person, or an employer of persons, carrying out construction work, except that in the case of a self-employed person who contracts to provide his labour only to another person, it shall mean that other person;“dangerous substance” has the meaning assigned to it by regulation 2(1) of the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984(2);“dock premises” has the meaning assigned to it by regulation 2(1) of the Docks Regulations 1988(3);“electricity system” does not include the consumer’s installation within the meaning of regulation 3(1) of the Electricity Supply Regulations 1988(4);“the Executive” means the Health and Safety Executive;“fairground” means any part of premises which is for the time being used wholly or mainly for the operation of any fairground equipment, other than a coin-operated ride, non-powered childrens' playground equipment or a swimming pool slide;“gas” has the meaning assigned to it by section 48 of the Gas Act 1986(5);“gas fitting” has the meaning assigned to it by section 48 of the Gas Act 1986;“gas system” does not include a portable or mobile appliance supplied with gas from a cylinder, or the cylinder, pipes and other fittings used for supplying gas to that appliance;“ionising radiation” has the meaning assigned to it by regulation 2(1) of the Ionising Radiations Regulations 1985(6);“livestock” means any creature kept for the production of food, wool, skins or fur or for the purpose of any agricultural activity;“local authority” means—

(a) in relation to England and Wales, a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under-Treasurer of the Middle Temple or the Council of the Isles of Scilly;

(b) in relation to Scotland, an islands or district council;“mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954(7);“office activities” includes any activity for the purposes of administration, clerical work, handling money, telephone and telegraph operating and the production of computer software by the use of computers; and for this purpose “clerical work” includes writing, book-keeping, sorting papers, filing, typing, duplicating, machinecalculating, drawing and the editorial preparation of matter for publication except where that preparation is on the premises where newspapers, magazines, periodicals or books are printed;“pleasure craft” has the meaning assigned to it by regulation 2(1) of the Docks Regulations 1988(8);“quarry” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;“railway” means a railway or tramway with (in either case) a gauge of 350 millimetres or more;“theatre” does not include a cinema;“transport undertaking” means an undertaking primarily engaged in the transport of passengers or goods;“veterinary surgery” has the meaning assigned to it by section 27 of the Veterinary Surgeons Act 1966(9);“work” in relation to a gas fitting has the meaning assigned to it by regulation 2(1) of the Gas Safety (Installation and Use) Regulations 1984(10);“zoo” has the meaning assigned to it by section 1(2) of the Zoo Licensing Act 1981(11).

(2) In these Regulations (except regulation 4(8)), unless the context otherwise requires, any reference to the enforcing authority for premises or parts of premises is a reference to the enforcing authority for the relevant statutory provisions in relation to those premises or parts, as the case may be, and to any activity carried on in them.

(3) In these Regulations, unless the context otherwise requires, any reference to—

(a) a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations so numbered; and

(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.

(1)

1961 c. 34.

(2)

S.I. 1984/1244, amended by S.I. 1986/1922 and 1988/766.

(3)

S.I. 1988/1655.

(4)

S.I. 1988/1057.

(5)

1986 c. 44.

(6)

S.I. 1985/1333.

(7)

1954 c. 70.

(8)

S.I. 1988/1655.

(9)

1966 c. 36.

(10)

S.I. 1984/1358.

(11)

1981 c. 37.