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The Legislative Reform (Health and Safety Executive) Order 2008

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Article 22

SCHEDULE 3AMENDMENTS

This schedule has no associated Explanatory Memorandum

The enactments and instruments listed in column 1 below shall be amended to the extent set out in column 2.

Column 1Column 2
TitleExtent of amendment
Explosives Act 1875 (c.17)

In section 103, for “the Health and Safety Commission” substitute “the Health and Safety Executive”.

Nuclear Installations Act 1965 (c.57)

In section 24A, for subsection (1) substitute—

(1) This section applies to any expenses incurred by the Health and Safety Executive (“the Executive”) which the Executive may determine to be incurred wholly or partly in connection with—

(a)the carrying into effect of such of the provisions of this Act as are mentioned in Schedule 1 to the Health and Safety at Work etc. Act 1974; or

(b)the carrying out of research into nuclear safety..

Parliamentary Commissioner Act 1967 (c.13)

In Schedule 2, omit “The Health and Safety Commission”.

House of Commons Disqualification Act 1975 (c.24)

In Schedule 1, in Part III, for “Chairman of the Health and Safety Commission” substitute “Chair of the Health and Safety Executive”.

Sex Discrimination Act 1975

(c. 65)

In section 55(3) for “the Health and Safety Commission”, substitute “the Health and Safety Executive”.

Race Relations Act 1976 (c.74)

In Schedule 1A, in Part II, omit “The Health and Safety Commission”.

Employment and Training Act 1981 (c.57)In section 10(2), omit “, the Health and Safety Commission”.
Gas Act 1986 (c.44)

In section 4A(1) and (2), for “the Health and Safety Commission”, substitute “the Health and Safety Executive”.

In section 34, for subsection (5) substitute—

(5) The Authority shall have power to make agreements with the Health and Safety Executive for the Authority to perform on behalf of that Executive (with or without payment) any of the functions of that Executive..

In section 41E(6)(c), for “the Health and Safety Commission”, substitute “the Health and Safety Executive”.

Food and Environment Protection Act 1985 (c.48)

In sections 16(10) and 25(2)(e), for “the Health and Safety Commission”, substitute “the Health and Safety Executive”.

Petroleum Act 1987 (c.12)

In section 24(2A), for “the Health and Safety Commission”, substitute “the Health and Safety Executive” and for “the Commission” substitute “the Executive”.

Consumer Protection Act 1987 (c.43)

In section 11(5)(c), for “the Health and Safety Commission”, substitute “the Health and Safety Executive”.

Water Act 1989 (c.15)

In section 174(2)(g), omit “the Health and Safety Commission or”.

Electricity Act 1989 (c. 29)

In section 3C(1) and (3) and in section 56C(6)(c), for each reference to “the Health and Safety Commission”, substitute “the Health and Safety Executive”.

Planning (Hazardous Substances) Act 1990 (c.10)

In section 12(3), for “the Health and Safety Commission”, substitute “the Health and Safety Executive”.

Water Industry Act 1991 (c.56)

In section 206(3)(g), omit “the Health and Safety Commission or”.

Water Resources Act 1991 (c.57)

In section 204(2)(g) omit “the Health and Safety Commission or”.

Railways Act 1993 (c.43)

In section 145(2)(e), omit “the Health and Safety Commission or”.

Coal Industry Act 1994 (c.21)

In section 4(1)(a), omit “with the approval of the Health and Safety Commission”.

In section 59(3)(e)(ii), omit “and the Health and Safety Commission”.

Deregulation and Contracting Out Act 1994 (c. 40)

In section 37(2), in paragraphs (aa) and (ac), for each reference to “the Health and Safety Commission”, substitute “the Health and Safety Executive”.

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

In section 1—

(a)

in subsection (2), for “the Health and Safety Commission”, substitute “the Health and Safety Executive”;

(b)

after subsection (2) insert “(2A) The Health and Safety Executive may nominate itself under subsection (2).” and

(c)

in subsection (5), after “licensing authority” insert “other than the Health and Safety Executive”, for “the Health and Safety Commission” substitute “the Health and Safety Executive” and for “the Commission” substitute “the Executive”.

In section 3—

(a)

in subsection (3), for “the Health and Safety Commission”, substitute “the Health and Safety Executive” and

(b)

in subsection (4), for “The Health and Safety Commission” substitute “The Health and Safety Executive” and for each reference to “the Commission” substitute “the Executive”.

Environment Act 1995 (c.25)

In Schedule 22, in paragraph 30(5), for “the Health and Safety Commission” substitute “the Health and Safety Executive”.

Planning (Hazardous Substances)(Scotland) Act 1997 (c. 10)

In section 10(3), for “the Health and Safety Commission”, substitute “the Health and Safety Executive”.

Scotland Act 1998 (c.46)In Schedule 5, in section H2, omit “The Health and Safety Commission,”.
Greater London Authority Act 1999 (c.29)

In section 235(2)(f), omit “the Health and Safety Commission or”.

Postal Services Act 2000 (c.26)

In Schedule 7, in paragraph 3(1)(f), omit “the Health and Safety Commission or”.

Utilities Act 2000 (c.27)

In section 105(4)(b), omit “the Health and Safety Commission or”.

Freedom of Information Act 2000 (c. 36)

In Schedule 1, in Part VI, omit “The Health and Safety Commission”.

Transport Act 2000 (c.38)

In Schedule 9, in paragraph 3(1)(f), omit “the Health and Safety Commission or”.

Anti-terrorism, Crime and Security Act 2001 (c. 24)

In section 77(5)(a), for “the Health and Safety Commission” substitute “the Health and Safety Executive”.

Fireworks Act 2003 (c.22)

In section 2(3)(a), for “the Health and Safety Commission” substitute “the Health and Safety Executive”.

Health Protection Agency Act 2004 (c. 17)

In section 3(7)(a), for “the Health and Safety Commission” substitute “the Health and Safety Executive”.

Domestic Violence, Crime and Victims Act 2004 (c.28)

In Schedule 9, omit paragraph 19.

Railways Act 2005 (c.14)

In Schedule 3—

(a)

in paragraph 1(5)(b), for “the Health and Safety Commission” substitute “the Health and Safety Executive”; and

(b)

in paragraph 10(2), omit “the Health and Safety Commission and of”.

Government of Wales Act 2006 (c. 32)

In Schedule 7, in paragraph 9, omit “Health and Safety Commission,”.

Fire (Scotland) Act 2005 (asp 5)

In section 61(7), for “the Health and Safety Commission” substitute “the Health and Safety Executive”.

Health and Safety Inquiries (Procedure) Regulations 1975 (1975/335)

In regulation 2(1), omit the definition of “the Commission”; and for each reference to “the Commission”, substitute “the Executive”.

Safety Representatives and Safety Committees Regulations 1977 (1977/500)

In regulation 4(2)(b) and in regulation 10, for each reference to “the Health and Safety Commission”, substitute “the Health and Safety Executive”, and in regulation 5(2) omit “the Health and Safety Commission or”.

Dangerous Substances In Harbour Areas Regulations 1987 (1987/37)

In Schedule 6, in paragraph 6, for “the Health and Safety Commission” substitute “the Health and Safety Executive”.

Management and Administration of Safety and Health at Mines Regulations 1993 (1993/1897)

In regulation 20(1), for “the Health and Safety Commission” substitute “the Secretary of State”.

Escape and Rescue from Mines Regulations 1995 (1995/2870)

In regulation 2(1), omit the definition of “the Commission”;

In regulation 13(4), for each reference to “the Commission”, substitute “the Executive”.

Carriage of Dangerous Goods by Rail Regulations 1996 (1996/2089)

In regulation 3, for each reference to “the Health and Safety Commission”, substitute “the Health and Safety Executive”.

Carriage of Dangerous Goods by Road Regulations 1996 (1996/2095)

In regulation 5, for each reference to “the Health and Safety Commission” substitute “the Health and Safety Executive”.

Health and Safety (Enforcing Authority) Regulations 1998 (1998/494)

In regulation 2(1), omit the definition of “the Commission”;

In regulation 5, in paragraph (2), omit “or by the Commission” and in paragraph (3), omit from “and where a transfer” to the end of the sub-paragraph.

In regulation 6(2), for each reference to “the Commission” substitute “the Secretary of State”.

Working Time Regulations 1998 (1998/1833)

In regulation 28, in paragraph (1), omit the definition of “the Commission” and in the definition of “the Executive” for “section 10(5)” substitute “section 10(1)”, in paragraph (4), for “ the Commission” substitute “the Executive”, and omit paragraph (8).

Control of Major Accident Hazards Regulations 1999 (1999/743)

In regulation 20(1), for “and any function of the Health and Safety Commission under any other provision of the 1974 Act which is exercisable in relation to any function of the Executive”, substitute “and any function of the Health and Safety Executive under any other provision of the 1974 Act”.

Pressure Equipment Regulations 1999 (1999/2001)

In Schedule 8, in paragraph 1, omit sub-paragraph (d).

Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 (1999/2892)

In regulation 16(1), for “and any function of the Health and Safety Commission under any other provision of the 1974 Act which is exercisable in relation to any function of the Executive” substitute “and any function of the Health and Safety Executive under any other provision of the 1974 Act”.

Ionising Radiations Regulations 1999 (1999/3232)

In regulation 24(9), for “Health and Safety Commission” substitute “Health and Safety Executive”.

Greater London Authority(Disqualification) Order 2000 (2000/432)

In paragraph 10 of Part II of the Schedule, for “Chairman of the Health and Safety Commission” substitute “Chair of the Health and Safety Executive”.

Genetically Modified Organisms (Contained Use) Regulations 2000 (2000/2831)

In regulation 26(1), for “any function of the Health and Safety Commission under any other provision of the 1974 Act which is exercisable in relation to any function of the Executive” substitute “Any function of the Health and Safety Executive under any other provision of the 1974 Act”.

Biocidal Products Regulations 2001 (2001/880)

In Schedule 11, in paragraph 2(2), for “Any function of the Health and Safety Commission under any other provision of the 1974 Act which is exercisable in relation to any function of the Executive” substitute “any function of the Health and Safety Executive under any other provision of the 1974 Act”.

Race Relations Act 1976 (Statutory Duties) Order 2001 (2001/3458)

In Schedule 1, omit “the Health and Safety Commission”.

Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (2002/1689)

In regulation 14(2), for “Any function of the Health and Safety Commission under any other provision of the 1974 Act which is exercisable in relation to any function of the Executive”, substitute “Any function of the Health and Safety Executive under any other provision of the 1974 Act”.

Control of Lead at Work Regulations 2002 (2002/2676)

In regulation 2, in the definition of “low solubility glaze” and in the definition of “occupational exposure limit for lead”, for “the Health and Safety Commission” substitute “the Health and Safety Executive”.

In regulation 10(15), for “the Health and Safety Commission” substitute “the Health and Safety Executive”.

Control of Substances Hazardous to Health Regulations 2002 (2002/2677)

In regulation 2, in the definition of “approved classification”, in the definition of “substance hazardous to health” and in the definition of “workplace exposure limit”, for each reference to “the Health and Safety Commission”, substitute “the Health and Safety Executive”.

In regulation 11(11), for “the Health and Safety Commission” substitute “the Health and Safety Executive”.

In Part I of Schedule 3, paragraph 3, in sub-paragraphs (5) and (6), for each reference to “the Health and Safety Commission”, substitute “the Health and Safety Executive”.

In Schedule 5, in column 2, for “the Health and Safety Commission” substitute “the Health and Safety Executive”.

Cableway Installations Regulations 2004 (2004/129)

In regulation 23(2), for “and any function of the Health and Safety Commission under any other provision of the 1974 Act which is exercisable in relation to any function of the Executive”, substitute “and any function of the Health and Safety Executive under any other provision of the 1974 Act”.

Civil Aviation (Working Time) Regulations 2004 (2004/756)

In regulation 3, omit the definition of “the Commission” and in the definition of “the Executive” for “referred to in section 10(5)”, substitute “referred to in section 10(1)”.

In Schedule 2, paragraph 8, in sub-paragraphs (3)(a) and (5)(a), omit “the Commission,”, and for sub-paragraph (4), substitute—

(4) In the preceding paragraph, any reference to the Executive, the CAA or a government department includes respectively a reference to an officer of that body, and also, in the case of a reference to the Executive, includes a reference to—

(a)a person performing any of the functions of the Executive by virtue of section 13(3) of the 1974 Act;

(b)an officer of a body which is so performing any such functions; and

(c)an adviser appointed in pursuance of section 13(7) of the 1974 Act..

Adventure Activities Licensing Regulations 2004 (2004/1309)

In regulation 18, for “the Health and Safety Commission” substitute “the Health and Safety Executive”.

Export and Import of Dangerous Chemicals Regulations 2005 (2005/928)

In regulation 1, omit the definition of “the Commission”.

In regulation 2, for “Commission” substitute “Executive”.

In regulation 4(2), for “and any function of the Health and Safety Commission under any other provision of the 1974 Act which is exercisable in relation to any function of the Executive” substitute “and any function of the Health and Safety Executive under any other provision of the 1974 Act”.

Regulatory Reform (Fire Safety) Order 2005 (2005/1541)

In regulation 26(3), for “the Health and Safety Commission” substitute “the Health and Safety Executive”.

Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 (2005/2966)

In Part 1 of Schedule 1, omit “the Health and Safety Commission”.

Control of Asbestos Regulations 2006 (2006/2739)

In regulation 2, in the definition of “approved”, omit “the Health and Safety Commission or” and in the definition of “the control limit”, for “the Health and Safety Commission” substitute “the Health and Safety Executive”.

In regulation 3(3), for each reference to “the Health and Safety Commission” substitute “the Health and Safety Executive”.

Sex Discrimination Act 1975 (Public Authorities) (Statutory Duties) Order 2006 (2006/2930)

In the Schedule, omit “The Health and Safety Commission”.

Scottish Parliament (Disqualification) Order 2007 (2007/285)

In Part I of the Schedule, omit “Any member of the Health and Safety Executive” and for “Chairman and any member of the Health and Safety Commission” substitute “Chair and any member of the Health and Safety Executive”.

Adventure Activities (Licensing) (Designation) Order 2007 (2007/447)

In regulation 2, omit “by the Health and Safety Commission”.

Coal Mines (Control of Inhalable Dust) Regulations 2007 (2007/1894)In regulation 2, in the definitions of “exposure control limit” and “exposure control limit for quartz”, for each reference to “Health and Safety Commission” substitute “Health and Safety Executive”.

Legislative and Regulatory Reform (Regulatory Functions) Order 2007

(2007/3544)

In the Schedule, omit “Health and Safety Commission”.

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