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The Health and Safety (Enforcing Authority) Regulations 1989

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Regulation 3(1)

SCHEDULE 1MAIN ACTIVITIES WHICH DETERMINE WHETHER LOCAL AUTHORITIES WILL BE ENFORCING AUTHORITIES

1.  The sale or storage of goods for retail or wholesale distribution except—

(a)where it is part of the business of a transport undertaking;

(b)at container depots where the main activity is the storage of goods in the course of transit to or from dock premises, an airport or a railway;

(c)where the main activity is the sale or storage for wholesale distribution of any dangerous substance;

(d)where the main activity is the sale or storage of water or sewage or their by-products or natural or town gas;and for the purposes of this paragraph where the main activity carried on in premises is the sale and fitting of motor car tyres, exhausts, windscreens or sunroofs the main activity shall be deemed to be the sale of goods.

2.  The display or demonstration of goods at an exhibition for the purposes of offer or advertisement for sale.

3.  Office activities.

4.  Catering services.

5.  The provision of permanent or temporary residential accommodation including the provision of a site for caravans or campers.

6.  Consumer services provided in a shop except dry cleaning or radio and television repairs, and in this paragraph “consumer services” means services of a type ordinarily supplied to persons who receive them otherwise than in the course of a trade, business or other undertaking carried on by them (whether for profit or not).

7.  Cleaning (wet or dry) in coin operated units in launderettes and similar premises.

8.  The use of a bath, sauna or solarium, massaging, hair transplanting, skin piercing, manicuring or other cosmetic services and therapeutic treatments, except where they are carried out under the supervision or control of a registered medical practitioner, a dentist registered under the Dentists Act 1984(1), a physiotherapist, an osteopath or a chiropractor.

9.  The practice or presentation of the arts, sports, games, entertainment or other cultural or recreational activities except where carried on in a museum, art gallery or theatre or where the main activity is the exhibition of a cave to the public.

10.  The hiring out of pleasure craft for use on inland waters.

11.  The care, treatment, accommodation or exhibition of animals, birds or other creatures, except where the main activity is horse breeding or horse training at a stable, or is an agricultural activity or veterinary surgery.

12.  The activities of an undertaker, except where the main activity is embalming or the making of coffins.

13.  Church worship or religious meetings.

Regulation 4(5)(b)

SCHEDULE 2ACTIVITIES IN RESPECT OF WHICH THE HEALTH AND SAFETY EXECUTIVE IS THE ENFORCING AUTHORITY

1.  Any activity in a mine or quarry other than a quarry in respect of which notice of abandonment has been given under section 139(2) of the Mines and Quarries Act 1954.

2.  Any activity in a fairground.

3.  Any activity in premises occupied by a radio, television or film undertaking in which the activity of broadcasting, recording or filming is carried on, and the activity of broadcasting, recording or filming wherever carried on, and for this purpose “film” includes video.

4.  The following activities carried on at any premises by persons who do not normally work in the premises—

(a)construction work if—

(i)section 127(6) of the Factories Act 1961 (which requires certain work to be notified to an inspector) applies to such work; or

(ii)the whole or part of the work contracted to be undertaken by the contractor at the premises is to the external fabric or other external part of a building or structure; or

(iii)it is carried out in a physically segregated area of the premises, the activities normally carried out in that area have been suspended for the purpose of enabling the construction work to be carried out, the contractor has authority to exclude from that area persons who are not attending in connection with the carrying out of the work and the work is not the maintenance of insulation on pipes, boilers or other parts of heating or water systems or its removal from them;

(b)the installation, maintenance or repair of any gas system, or any work in relation to a gas fitting;

(c)the installation, maintenance or repair of electricity systems;

(d)work with ionising radiations except work in one or more of the categories set out in Schedule 3 to the Ionising Radiations Regulations 1985.

5.  The use of ionising radiations for medical exposure (within the meaning of regulation 2(1) of the Ionising Radiations Regulations 1985).

6.  Any activity in premises occupied by a radiography undertaking in which there is carried on any work with ionising radiations.

7.  Agricultural activities, and any activity at an agricultural show which involves the handling of livestock or the working of agricultural equipment.

8.  Any activity on board a sea-going ship.

9.  Any activity in relation to a ski slope, ski lift, ski tow or cable car.

10.  Fish, maggot and game breeding except in a zoo.

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