The REACH Enforcement Regulations 2008

PART 2 Notices served by the Health and Safety Executive, the Health and Safety Executive for Northern Ireland or local (health and safety) authorities

1.  An appeal may be made to a tribunal.

2.  Schedule 4 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004(1) applies to a notice served in Great Britain by—

(a) the Health and Safety Executive;

(b) a local (health and safety) authority.

3.  Under paragraph 2, an enforcement notice is to be treated in the same way as an improvement notice for the purposes of Schedule 4 referred to.

4.  Schedule 5 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005(2) applies to a notice served in Northern Ireland by—

(a) the Health and Safety Executive for Northern Ireland;

(b) a local (health and safety) authority.

5.  Under paragraph 4, an enforcement notice is to be treated in the same way as an improvement notice for the purposes of Schedule 5 referred to.

6.  The tribunal may cancel or affirm the notice and, if it affirms it, may do so in its original form or with such modifications as the tribunal may in the circumstances see fit.

7.  In the case of an improvement notice, the bringing of the appeal has the effect of suspending the operation of the notice until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal.

8.  In the case of a prohibition notice or an enforcement notice, the bringing of the appeal has the same effect as described in paragraph 7 if, on the application of the appellant, the tribunal so directs and only from the giving of that direction.

9.  One or more assessors may be appointed in respect of proceedings brought before a tribunal under this Part.

10.  In this Part—

(a) “assessor” has the same meaning as it has—

(i) in Great Britain, under section 24 of the Health and Safety at Work etc. Act 1974(3);

(ii) in Northern Ireland, under article 26 of the Health and Safety at Work (Northern Ireland) Order 1978(4);

(b) “tribunal” means—

(i) in Great Britain, an employment tribunal;

(ii) in Northern Ireland, an industrial tribunal.

(1)

S.I. 2004/1861.

(2)

S.R. 2005 No. 150.

(3)

1974 c.37.

(4)

1978 No.1039 (NI. 9).