Health and Safety at Work etc. Act 1974

Prospective

8 After section 19 there shall be inserted the following section—

“19A Civil liability

“19A (1) Subject to the provisions of this section, a breach to which this section applies shall, so far as it causes damage, be actionable except in so far as may be otherwise prescribed ; and in any action brought by virtue of this subsection such defence as may be prescribed shall be available.

(2) This section applies to the following breaches—

(a) failure to comply with the terms or conditions of a warrant for the construction, demolition or change of use of a building or with any order under this Act realting to the construction of a building ;

(b) contravention of any provision of the building operations regulations ;

(c) construction a building without a warrant otherwise than in accordance with the building standards regulations ;

(d) changing the use of a building without a warrant where after the change of use the building does not conform to so much of the building standards regulations as become applicable, or apply more onerously, to the building be reason of change of use.

(3) Subsection (1) above and any defence provided for in regulations made by virtue thereof shall not apply in the case of a breach to which this section applies in connection with a building erected before the date on which that subsection comes into force unless the breach arises in relation to the change of use, extension, alteration, demolition, repair, maintenance or fitting of such a building.

(4) Nothing in this section shall be construes as affecting the extent (if any) to which breach to which this subsection applies is actionable in a case to which subsection (1) above does not apply, or as prejudicing any right of action which exists apart from the provisions of this section.

(5) In this section “damage” includes the death of, or injury to, any person (including any disease and any impairment of a person’s physical or mental condition).”