Part I

Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere

Obtaining and disclosure of information

Restrictions on disclosure of information.
28
1
In this and the two following subsections—
a
“relevant information” means information obtained by a person under section 27(1) or furnished to any person , other than the Office for Nuclear Regulation (or an inspector appointed by it), under section 27A above , by virtue of section 43A(6) below or in pursuance of a requirement imposed by any of the relevant statutory provisions; and
b
“the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.
2
Subject to the following subsection, no relevant information shall be disclosed without the consent of the person by whom it was furnished.
3
The preceding subsection shall not apply to—
a
disclosure of information to . . . the Executive , the Office for Nuclear Regulation,, the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency, a government department or any enforcing authority;
b
without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions;
c
without prejudice to paragraph (a) above, disclosure by the recipient of information to—
i
an officer of a local authority who is authorised by that authority to receive it,
ii
an officer
. . . of a water undertaker, sewerage undertaker, water authority or water development board who is authorised by that
. . . undertaker, authority or board to receive it,
iii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iv
a constable authorised by a chief officer of police to receive it;
d
disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case;
e
disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 14(2) or (2A), or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of section 14(2) or (2A).
f
any other disclosure of information by the recipient, if–
i
the recipient is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and
ii
the information is not held by the authority on behalf of another person.
4
In the preceding subsection, any reference to the Executive
, the Office for Nuclear Regulation,
, the Environment Agency,
the Natural Resources Body for Wales,
the Scottish Environment Protection Agency, a government department or an enforcing authority includes respectively a reference to an officer of that body or authority (including, in the case of an enforcing authority, any inspector appointed by it), and also, in the case of a reference to the Executive
or the Office for Nuclear Regulation
, includes a reference to—
a
a person performing any functions of the Executive
or Office for Nuclear Regulation
on its behalf by virtue of section 13(3)
of this Act or, as the case may be, section 95 of the Energy Act 2013
;
b
an officer of a body which is so performing any such functions; and
c
an adviser appointed under section 13(7)
or, in the case of the Office for Nuclear Regulation, a person providing advice to that body.
.
5
A person to whom information is disclosed in pursuance of any of paragraphs (a) to (e) of subsection (3) above shall not use the information for a purpose other than—
a
in a case falling within paragraph (a) of that subsection, a purpose . . . of the Executive , of the Office for Nuclear Regulation or of the Environment Agency or of the Natural Resources Body for Wales or of the Scottish Environment Protection Agency or of the government department in question, or the purposes of the enforcing authority in question in connection with the relevant statutory provisions, as the case may be;
b
in the case of information given to an officer of a body which is a local authority, . . . a water undertaker, a sewerage undertaker, a water authority, a river purification board or a water development board, the purposes of the body in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the protection of the environment;
c
in the case of information given to a constable, the purposes of the police in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the safety of the State.
6
References in subsections (3) and (5) above to a local authority include
a corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021,
. . . a joint authority established by Part IV of the Local Government Act 1985,
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act
,
a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
...
and the London Fire Commissioner
.
7
A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by section 14(4)(a) or 20 (including, in particular, any information with respect to any trade secret obtained by him in any premises entered by him by virtue of any such power) except—
a
for the purposes of his functions; or
b
for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 14(2) or (2A) or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of section 14(2) or (2A); or
c
with the relevant consent.
In this subsection “the relevant consent” means, in the case of information furnished in pursuance of a requirement imposed under section 20, the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.
8
Notwithstanding anything in the preceding subsection an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare, give to such persons or their representatives the following descriptions of information, that is to say—
a
factual information obtained by him as mentioned in that subsection which relates to those premises or anything which was or is therein or was or is being done therein; and
b
information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;
and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.
9
Notwithstanding anything in subsection (7) above, a person who has obtained such information as is referred to in that subsection may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of relevant facts observed by him in the course of exercising any of the powers referred to in that subsection.
9A
Subsection (7) above does not apply if–
a
the person who has obtained any such information as is referred to in that subsection is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and
b
the information is not held by the authority on behalf of another person.
9B
Nothing in subsection (7) or (9) applies to a person appointed as an inspector by the Office for Nuclear Regulation in relation to functions which the person has by virtue of that appointment.
10
The Broads Authority and every National Park authority shall be deemed to be local authorities for the purposes of this section.

Restrictions on disclosure of information.
28
1
In this and the two following subsections—
a
“relevant information” means information obtained by a person under section 27(1) or furnished to any person , other than the Office for Nuclear Regulation (or an inspector appointed by it), under section 27A above , by virtue of section 43A(6) below or in pursuance of a requirement imposed by any of the relevant statutory provisions; and
b
“the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.
2
Subject to the following subsection, no relevant information shall be disclosed without the consent of the person by whom it was furnished.
3
The preceding subsection shall not apply to—
a
disclosure of information to . . . the Executive , the Office for Nuclear Regulation,, the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency, a government department or any enforcing authority;
b
without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions;
c
without prejudice to paragraph (a) above, disclosure by the recipient of information to—
i
an officer of a local authority who is authorised by that authority to receive it,
ii
an officer of a water undertaker, sewerage undertaker,
or Scottish Water
who is authorised by
that undertaker or, as the case may be, Scottish Water
to receive it;
iii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iv
a constable authorised by a chief officer of police to receive it;
d
disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case;
e
disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 14(2) or (2A), or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of section 14(2) or (2A).
f
any other disclosure of information by the recipient, if–
i
the recipient is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000
or a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002
, and
ii
the information is not held by the authority on behalf of another person.
4
In the preceding subsection, any reference to the Executive
, the Office for Nuclear Regulation,
, the Environment Agency,
the Natural Resources Body for Wales,
the Scottish Environment Protection Agency, a government department or an enforcing authority includes respectively a reference to an officer of that body or authority (including, in the case of an enforcing authority, any inspector appointed by it), and also, in the case of a reference to the Executive
or the Office for Nuclear Regulation
, includes a reference to—
a
a person performing any functions of the Executive
or Office for Nuclear Regulation
on its behalf by virtue of section 13(3)
of this Act or, as the case may be, section 95 of the Energy Act 2013
;
b
an officer of a body which is so performing any such functions; and
c
an adviser appointed under section 13(7)
or, in the case of the Office for Nuclear Regulation, a person providing advice to that body.
5
A person to whom information is disclosed in pursuance of any of paragraphs (a) to (e) of subsection (3) above shall not use the information for a purpose other than—
a
in a case falling within paragraph (a) of that subsection, a purpose . . . of the Executive , of the Office for Nuclear Regulation or of the Environment Agency or of the Natural Resources Body for Wales or of the Scottish Environment Protection Agency or of the government department in question, or the purposes of the enforcing authority in question in connection with the relevant statutory provisions, as the case may be;
b
in the case of information given to an officer of a body which is a local authority, a water undertaker, or a sewerage undertaker or to an officer of Scottish Water, the purposes of the body authority, undertaker or, as the case may be, Scottish Water in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the protection of the environment;
c
in the case of information given to a constable, the purposes of the police in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the safety of the State.
6
References in subsections (3) and (5) above to a local authority include
. . . a joint authority established by Part IV of the Local Government Act 1985,
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act
, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004
...
and the London Fire Commissioner
.
7
A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by section 14(4)(a) or 20 (including, in particular, any information with respect to any trade secret obtained by him in any premises entered by him by virtue of any such power) except—
a
for the purposes of his functions; or
b
for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 14(2) or (2A) or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of section 14(2) or (2A); or
c
with the relevant consent.
In this subsection “the relevant consent” means, in the case of information furnished in pursuance of a requirement imposed under section 20, the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.
8
Notwithstanding anything in the preceding subsection an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare, give to such persons or their representatives the following descriptions of information, that is to say—
a
factual information obtained by him as mentioned in that subsection which relates to those premises or anything which was or is therein or was or is being done therein; and
b
information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;
and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.
9
Notwithstanding anything in subsection (7) above, a person who has obtained such information as is referred to in that subsection may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of relevant facts observed by him in the course of exercising any of the powers referred to in that subsection.
9A
Subsection (7) above does not apply if–
a
the person who has obtained any such information as is referred to in that subsection is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000
or a Scottish public authority for the purposes of the Freedom of Information (Scotland) Act 2002
, and
b
the information is not held by the authority on behalf of another person.
9B
Nothing in subsection (7) or (9) applies to a person appointed as an inspector by the Office for Nuclear Regulation in relation to functions which the person has by virtue of that appointment.
10
For the purposes of this section the Broads Authority shall be treated as a local authority.

Restrictions on disclosure of information.
28
1
In this and the two following subsections—
a
“relevant information” means information obtained by a person under section 27(1) or furnished to any person , other than the Office for Nuclear Regulation (or an inspector appointed by it), under section 27A above , by virtue of section 43A(6) below or in pursuance of a requirement imposed by any of the relevant statutory provisions; and
b
“the recipient”, in relation to any relevant information, means the person by whom that information was so obtained or to whom that information was so furnished, as the case may be.
2
Subject to the following subsection, no relevant information shall be disclosed without the consent of the person by whom it was furnished.
3
The preceding subsection shall not apply to—
a
disclosure of information to . . . the Executive , the Office for Nuclear Regulation,, a government department or any enforcing authority;
b
without prejudice to paragraph (a) above, disclosure by the recipient of information to any person for the purpose of any function conferred on the recipient by or under any of the relevant statutory provisions;
c
without prejudice to paragraph (a) above, disclosure by the recipient of information to—
i
an officer of a local authority who is authorised by that authority to receive it,
ii
an officer of the National Rivers Authority or of a water undertaker, sewerage undertaker, water authority or water development board who is authorised by that Authority, undertaker, authority or board to receive it,
iii
an officer of a river purification board who is authorised by that board to receive it, or
iv
a constable authorised by a chief officer of police to receive it;
d
disclosure by the recipient of information in a form calculated to prevent it from being identified as relating to a particular person or case;
e
disclosure of information for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 14(2) or (2A), or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of section 14(2) or (2A).
f
any other disclosure of information by the recipient, if–
i
the recipient is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and
ii
the information is not held by the authority on behalf of another person.
4
In the preceding subsection, any reference to the Executive
, the Office for Nuclear Regulation,
, the Environment Agency,
the Natural Resources Body for Wales,
the Scottish Environment Protection Agency, a government department or an enforcing authority includes respectively a reference to an officer of that body or authority (including, in the case of an enforcing authority, any inspector appointed by it), and also, in the case of a reference to the Executive
or the Office for Nuclear Regulation
, includes a reference to—
a
a person performing any functions of the Executive
or Office for Nuclear Regulation
on its behalf by virtue of section 13(3)
of this Act or, as the case may be, section 95 of the Energy Act 2013
;
b
an officer of a body which is so performing any such functions; and
c
an adviser appointed under section 13(7)
or, in the case of the Office for Nuclear Regulation, a person providing advice to that body.
5
A person to whom information is disclosed in pursuance of any of paragraphs (a) to (e) of subsection (3) above shall not use the information for a purpose other than—
a
in a case falling within paragraph (a) of that subsection, a purpose . . . of the Executive , of the Office for Nuclear Regulation or of the government department in question, or the purposes of the enforcing authority in question in connection with the relevant statutory provisions, as the case may be;
b
in the case of information given to an officer of a body which is a local authority, the National Rivers Authority, a water undertaker, a sewerage undertaker, a water authority, a river purification board or a water development board, the purposes of the body in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the protection of the environment;
c
in the case of information given to a constable, the purposes of the police in connection with the relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the safety of the State.
6
References in subsections (3) and (5) above to a local authority include
. . . a joint authority established by Part IV of the Local Government Act 1985,
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009, a combined authority established under section 103 of that Act
... ...
and the London Fire and Emergency Planning Authority
.
7
A person shall not disclose any information obtained by him as a result of the exercise of any power conferred by section 14(4)(a) or 20 (including, in particular, any information with respect to any trade secret obtained by him in any premises entered by him by virtue of any such power) except—
a
for the purposes of his functions; or
b
for the purposes of any legal proceedings or any investigation or inquiry held by virtue of section 14(2) or (2A) or for the purposes of a report of any such proceedings or inquiry or of a special report made by virtue of section 14(2) or (2A); or
c
with the relevant consent.
In this subsection “the relevant consent” means, in the case of information furnished in pursuance of a requirement imposed under section 20, the consent of the person who furnished it, and, in any other case, the consent of a person having responsibilities in relation to the premises where the information was obtained.
8
Notwithstanding anything in the preceding subsection an inspector shall, in circumstances in which it is necessary to do so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately informed about matters affecting their health, safety and welfare, give to such persons or their representatives the following descriptions of information, that is to say—
a
factual information obtained by him as mentioned in that subsection which relates to those premises or anything which was or is therein or was or is being done therein; and
b
information with respect to any action which he has taken or proposes to take in or in connection with those premises in the performance of his functions;
and, where an inspector does as aforesaid, he shall give the like information to the employer of the first-mentioned persons.
9
Notwithstanding anything in subsection (7) above, a person who has obtained such information as is referred to in that subsection may furnish to a person who appears to him to be likely to be a party to any civil proceedings arising out of any accident, occurrence, situation or other matter, a written statement of relevant facts observed by him in the course of exercising any of the powers referred to in that subsection.
9A
Subsection (7) above does not apply if–
a
the person who has obtained any such information as is referred to in that subsection is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and
b
the information is not held by the authority on behalf of another person.
9B
Nothing in subsection (7) or (9) applies to a person appointed as an inspector by the Office for Nuclear Regulation in relation to functions which the person has by virtue of that appointment.
10
For the purposes of this section the Broads Authority shall be treated as a local authority.
S. 28 applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003 otherwise) by S.I. 2003/403, regs. 1(2), 23(2)(e)(3)
S. 28 applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003 otherwise) by S.I. 2003/403, regs. 1(2), 23(2)(e)(3)
Words in s. 28(1)(a) inserted (10.9.2003) by Railways and Transport Safety Act 2003 (c. 20), ss. 105(2), 120
Pt. 1 restricted (S.) (1.10.2006) by 2005 asp 5, ss. 70, 90; S.I. 2006/458, art. 2 (subject to art. 3)
s. 28 applied (with modifications) (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)-(4)
Words in s. 28(3)(c)(ii) substituted (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822) art. 2, {Sch. Pt. 1 para. 8(a)(i)}
Words in s. 28(5)(b) substituted (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/ 1822) art. 2, {Sch. Pt. 1 para. 8(b)(i)}
Words in s. 28(5)(b) inserted (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822) art. 2, {Sch. Pt. 1 para. 8(b)(ii)}
S. 28(3)(f) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(2)
S. 28(3)(f) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(2)
S. 28(3)(f) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(2)
Words in s. 28(5) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(3)
Words in s. 28(5) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(3)
Words in s. 28(5) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(3)
S. 28(9A) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(4)
S. 28(9A) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(4)
S. 28(9A) inserted (1.1.2005) by The Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), art. 5(4)
Words in s. 28(3)(c)(ii) substituted (S.) (14.7.2004) by The Water Industry (Scotland) Act 2002 (Consequential Modifications) Order 2004 (S.I. 2004/1822), art. 2, Sch. para. 8(a)(ii)
S. 28 applied by S.I. 1989/840, arts. 2-10
S. 28 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 28 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
S. 28: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(e), 5 (with s. 3(5))
S. 28 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)
S. 28 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)
S. 28 restricted (15.11.2000) by S.I. 2000/2831, reg. 23(1)
S. 28 amended by S.I. 1982/1496, reg. 10(1)
S. 28 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 20(e) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)
S. 28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
S. 28 applied by S.I. 1989/840, arts. 2-10
S. 28 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 28 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
S. 28: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(e), 5 (with s. 3(5))
S. 28 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)
S. 28 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)
S. 28 restricted (15.11.2000) by S.I. 2000/2831, reg. 23(1)
S. 28 amended by S.I. 1982/1496, reg. 10(1)
S. 28 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 20(e) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 28 applied (E.W.S.) by S.I. 2005/928, art. 4(3)(b)
S. 28 applied (E.W.S.) by S.I. 2005/928, art. 4(3)(b)
S. 28 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(g) (subject to (4)-(6)) (with art. 7)
S. 28 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(g) (subject to (4)-(6)) (with art. 7)
Pt. 1 modified (prosp.) by Energy Act 2008 (c. 32), ss. 99(1), 110
Pt. 1: power to repeal or modify conferred (prosp.) by Energy Act 2008 (c. 32), ss. 99(1)(2), 110
Words in s. 28(3)(a) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(2)(a) (with art. 21, Sch. 2)
Words in s. 28(3)(e) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(2)(b) (with art. 21, Sch. 2)
S. 28(4) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(3) (with art. 21, Sch. 2)
Words in s. 28(5)(a) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(4) (with art. 21, Sch. 2)
Words in s. 28(7) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 12(5) (with art. 21, Sch. 2)
Words in s. 28(3)(f)(i) inserted (S.) (13.10.2008) by The Freedom of Information (Relaxation of Statutory Prohibitions on Disclosure of Information) (Scotland) Order 2008 (S.S.I. 2008/339), art 5(2)
Words in s. 28(9A)(a) inserted (S.) (13.10.2008) by The Freedom of Information (Relaxation of Statutory Prohibitions on Disclosure of Information) (Scotland) Order 2008 (S.S.I. 2008/339), art 5(3)
Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))
Words in s. 28(6) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 42; S.I. 2009/3318, art. 2
S. 28 applied (with modifications) (E.W.S.) (6.4.2010) by The Train Driving Licences and Certificates Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(f)
S. 28 applied (with modifications) (E.W.S.) (6.4.2010) by The Train Driving Licences and Certificates Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(f)
S. 28 applied (with modifications) (E.W.S.) (6.4.2010) by The Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 (S.I. 2010/432), reg. 6(2)(3)(f)
Ss. 19-28 applied (with modifications) (E.W.S.) (4.7.2010 for certain purposes and otherwise 4.7.2013) by The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), regs. 1, 18, 37(1), {Sch. 4 paras. 1, 2}
Ss. 19-28 applied (with modifications) (E.W.S.) (4.7.2010 for certain purposes and otherwise 4.7.2013) by The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), regs. 1, 18, 37(1), {Sch. 4 paras. 1, 2}
Pt. 1 (ss. 1–54) extended by S.I. 1981/1011, reg. 9; and by S.I. 1983/1919, reg. 3
Pt. 1 (ss. 1-54) modified (E.W.S.) (1.2.1996) by 1995 c. 25, s. 5(5)(b) (with ss. 115, 117); S.I. 1996/186, art. 2
Pt. 1 (ss. 1-54) modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 33(5)(c) (with s. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. 1 (ss. 1-54) amended (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
Pt. 1 (ss. 1-54) amended (E.W.S.) (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 10(1)(a)(3); S.I. 1996/218, art. 2
Pt. 1 (ss. 1–54) extended by Gas Act 1986 (c. 44, SIF 44:2), ss. 18, 48(3)(4)
Pt. 1 (ss. 1–54) applied by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 para. 6(2)
Pt. 1 (ss. 1–54) amended by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36
Pt. 1 (ss. 1–54) amended by S.I. 1988/1222, regs. 3, 4
Pt. 1 (ss. 1–54) extended by S.I. 1989/1671, reg. 4
Pt. 1 (ss. 1–54) amended by S.I. 1989/1810, reg. 3 (which S.I. was revoked (1.2.1993) by S.I. 1992/3217, reg. 25).
Pt. 1 (ss. 1–54) amended by S.I. 1990/1380, reg. 3
Pt. 1 (ss. 1-54) saved by Highland Regional Council (Harbours) Order Confirmation Act (c. xii), s. 1, Sch. s. 61(1)(f)
Pt. 1 (ss. 1-54) definition applied (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 206(3)(g), 223(2)
Pt. 1 (ss. 1-54) saved by London Underground (Safety Measures) Act 1991 (c. xviii), s. 11(2)
Pt. 1 (ss. 1-54) saved by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. 1 Pt. XII para. 67(2)
Pt. 1 extended by S.I. 1978/752, reg. 3
Pt. 1 (ss. 1-54): transfer of functions (E.W.) (1.4.1996) by 1995 c. 25, s. 2(1)(g)(2)(c) (with ss. 115, 117); S.I. 1996/186, art. 3
Pt. 1 (ss. 1-54): transfer of functions (S.) (12.10.1995) by 1995 c. 25, s. 21(1)(g) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2
Pt. 1 (ss. 1-54): transfer of functions (E.W.S.) (12.10.1995) by 1995 c. 25, s. 21(2)(a) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2
Pt. 1 (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), S. 1(1)
Pt. 1 (ss. 1-54) amended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 1(1)
Pt. 1 (ss. 1-54) amended (E.W.S.) (2.2.1994) by 1993 c. 43, s. 117(1)(6), 150(1)(e); S.I. 1994/202, art. 2
Pt. 1 (ss. 1-54) extended (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 4
Pt. 1 (ss. 1-54) modified (E.W.S.) (1.1.1993) by S.I. 1992/2051, reg. 16(2)
Pt. 1 (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 2(1)
Pt. 1 (ss. 1-54) extended (E.W.S.) (2.2.1994) by 1993 c. 43, ss. 117(2)(6), 150(1)(e); S.I. 1994/202, art. 2
For the application of Pt. I to Northern Ireland see s. 84(1).
Pt. 1 (ss. 1-54) applied (with modifications) (14.4.1999) by S.I. 1999/860, reg. 2
Pt. 1 (ss. 1-54) applied (1.7.1999) by S.I. 1999/1517, reg. 12(3), Sch. 4 para. 12(3)(c)
Pt. 1: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table C
Ss. 1, 25, 26, 27, 28, 30, 33, 34, 59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2, 10
S. 28 amended by S.I. 1982/1496, reg. 10(1)
S. 28 extended (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 20(e) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))
S. 28 restricted (15.11.2000) by S.I. 2000/2831, reg. 23(1)
S. 28 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 13(f)
Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)
Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
This version of this provision applies to Northern Ireland (in so far as this provision extends there, see s. 84(1)(a)); separate versions of this provision have been created for England and Wales only and Scotland only
Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))
Words inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 5
S. 28(3)(c)(ii) substituted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 46(a) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
Words substituted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 46(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4), (10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
S. 28(6) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 52
S. 28(7): Disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 12
S. 28(9) inserted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 9
S. 28(10) added by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), s. 21, Sch. 6 para. 13
S. 28 amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 57(7), Sch. 13 para. 13(f)
S. 28 restricted (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 15
S. 28 excluded (E.W.S.) (1.4.1999) by S.I. 1999/743, reg. 21(5).
This version of this provision extends to England and Wales only; separate versions have been created for Scotland only and for Northern Ireland (in so far as this provision extends there, see s. 84(1)).
Words inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 5
Words in s. 28(3)(a) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
S. 28(3)(c)(ii) substituted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 46(a) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
Words in s. 28(3)(c)(ii) repealed (E.W.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(b)(i), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
Word in s. 28(3)(c)(ii) repealed (E.W.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(b)(ii), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
S. 28(3)(c)(iii) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(d), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
Words in s. 28(5)(a) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(f)(i) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
Words substituted by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 46(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)
Words in s. 28(5)(b) repealed (E.W.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(f)(ii), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
S. 28(6) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 52
S. 28(6) extended by S.I. 1985/1884, art. 10, Sch. 3 para. 4
s. 28 extended (31.1.1994) by S.I. 1993/3050, art. 18(1) (with art. 3).
Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I
Words in s. 28(6) added (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 para. 23 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4
S. 28(7): Disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 12
S. 28(9) inserted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 9
S. 28(10) substituted (E.W.) (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 12 (with ss. 7(6), 115, 117); S.I. 1995/2950, art. 2
S. 28 restricted (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 15
S. 28 excluded (E.W.S.) (1.4.1999) by S.I. 1999/743, reg. 21(5).
Ss. 19-28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)
Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
This version of this provision extends to Scotland only; separate versions of this provision have been created for England and Wales only and for Northern Ireland (in so far as this provision extends there, see s. 84(1))
Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))
Words inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 5
Words in s. 28(3)(a) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(a) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
S. 28(3)(c)(ii) substituted (S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(c) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
S. 28(3)(c)(iii) repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(d), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
Words in s. 28(5)(a) inserted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(f)(i) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
Words in s. 28(5)(b) substituted (S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(6)(f)(iii) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
S. 28(6) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 84, Sch. 14 para. 52
S. 28(7): Disclosure powers extended (14.12.2001) by 2001 c. 24, s. 17, Sch. 4 Pt. 1 para. 12
S. 28(9) inserted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 9
S. 28(10) added by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), s. 21, Sch. 6 para. 13
Words in s. 28(4) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(a)(i); S.I. 2014/251, art. 4
S. 28 applied (with modifications) (8.12.2016) by The Pressure Equipment (Safety) Regulations 2016 (S.I. 2016/1105), reg. 1, Sch. 8 paras. 1(l), 2 (with reg. 88)
Words in s. 28(3)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 112(2) (with Sch. 7)
Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))
Words in s. 28(5)(a) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 112(4) (with Sch. 7)
Words in s. 28(4)(c) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(c); S.I. 2014/251, art. 4
S. 28 applied (with modifications) (E.W.S.) (8.12.2016) by The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016 (S.I. 2016/1107), reg. 1(1), Sch. 4 para. 1(l)
Words in s. 28(6) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 35; S.I. 2017/399, reg. 2, Sch. para. 38
Ss. 19-28 applied (with modifications) by S.I. 2014/1638, Sch. 12 paras. 5-7 (as substituted (E.W.S.) (20.4.2016) by The Explosives Regulations 2014 (Amendment) Regulations 2016 (S.I. 2016/315), reg. 1, Sch. 1 (with regs. 2(1), 15))
Words in s. 28(4)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(b); S.I. 2014/251, art. 4
Ss. 19-28 applied (with modifications) (E.W.S.) (1.10.2014) by The Explosives Regulations 2014 (S.I. 2014/1638), reg. 1(1), Sch. 12 paras. 2, 3
Ss. 18-28 applied (with modifications) (E.W.S.) (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(2), 17(1) (with reg. 3(4)(5)31)
Words in s. 28(1)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(2); S.I. 2014/251, art. 4
S. 28(9B) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(6); S.I. 2014/251, art. 4
S. 28 applied (with modifications) (8.12.2016) by The Lifts Regulations 2016 (S.I. 2016/1093), reg. 1, Sch. 8 paras. 1(m), 2 (with regs. 3-5)
S. 28 applied (with modifications) (8.12.2016) by The Electrical Equipment (Safety) Regulations 2016 (S.I. 2016/1101), reg. 1, Sch. 4 paras. 1, 2 (with reg. 3)
Words in s. 28(4) inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 112(3) (with Sch. 7)
Ss. 25A-28 applied (with modifications) (1.3.2014) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(4), 19 (with reg. 3(4)(5)31)
Words in s. 28(3)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(3); S.I. 2014/251, art. 4
Words in s. 28(5)(a) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(5); S.I. 2014/251, art. 4
S. 28 applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations 2016 (S.I. 2016/1092), reg. 1, Sch. 6 paras. 1(l), 2 (with reg. 3)
Words in s. 28(6) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(10); S.I. 2015/994, art. 6(g)
Words in s. 28(4) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 9(4)(a)(ii); S.I. 2014/251, art. 4
S. 28 applied (with modifications) (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(m), 2
S. 28 applied (with modifications) (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389), reg. 1(1), Sch. 2 (with reg. 2)
Pt. 1 applied (E.W.S.) (6.2.2018) by The Ionising Radiation (Medical Exposure) Regulations 2017 (S.I. 2017/1322), regs. 1, 18
S. 28 applied (with modifications) (16.1.2012) by The Railways (Interoperability) Regulations 2011 (S.I. 2011/3066), regs. 1(2), 39(2)(3)(f) (with reg. 3)
Words in s. 28(6) substituted (E.W.S.) (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 50; S.I. 2018/227, reg. 4(c)
Words in s. 28(6) inserted (E.W.) (25.3.2022) by The Corporate Joint Committees (General) (Wales) Regulations 2022 (S.I. 2022/372), regs. 1(2), 46
Pt. 1 modified (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), regs. 1(2), 2(3) (with regs. 2(5), 3, Sch. 8)
S. 28 applied (with modifications) (21.4.2018) by The Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. 2018/390), reg. 1(1), Sch. 2 (with reg. 2(1)-(3))
Words in s. 28(6) inserted (E.W.) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 57 (with s. 247)