C52C53C54C55C56C57C58C59C60C61C62C63C64C65E1C66C67C68C69C70Part I Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere

Annotations:
Extent Information
E1

For the application of Pt. I to Northern Ireland see s. 84(1).

Modifications etc. (not altering text)
C52

Pt. 1 (ss. 1–54) extended by S.I. 1981/1011, reg. 9, 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

C53

Pt. 1 (ss. 1–54) extended by Gas Act 1986 (c. 44, SIF 44:2), ss. 18, 48(3)(4)

C54

Pt. 1 (ss. 1–54) applied by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 para. 6(2)

C55

Pt. 1 (ss. 1–54) amended by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36

C56

Pt. 1 (ss. 1–54) amended by S.I. 1988/1222, regs. 3, 4

C57

Pt. 1 (ss. 1–54) extended by S.I. 1989/1671, reg. 4

C58

Pt. 1 (ss. 1–54) amended by S.I. 1989/1810, reg. 3 (which S.I. was revoked (1.2.1993) by S.I. 1992/3217, reg. 25).

C59

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)

C60

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

C61

Pt. 1 (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), S. 1(1)

C62

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

C63

Pt. 1 (ss. 1-54) extended (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 4

C64

Pt. 1 (ss. 1-54) modified (E.W.S.) (1.1.1993) by S.I. 1992/2051, reg. 16(2)

C65

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

C66

Pt. 1 (ss. 1-54) applied (with modifications) (14.4.1999) by S.I. 1999/860, reg. 2

C67

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

C68

Pt. 1 restricted (S.) (1.10.2006) by 2005 asp 5, ss. 70, 90; S.I. 2006/458, art. 2 (subject to art. 3)

C69

Pt. 1 modified (prosp.) by Energy Act 2008 (c. 32), ss. 99(1), 110

C70

Pt. 1: power to repeal or modify conferred (prosp.) by Energy Act 2008 (c. 32), ss. 99(1)(2), 110

Provisions as to offences

C1E2C2C3C4C71C533 Offences.

1

It is an offence for a person—

a

to fail to discharge a duty to which he is subject by virtue of sections 2 to 7;

b

to contravene section 8 or 9;

C6C7c

to contravene any health and safety regulations F1. . . or any requirement or prohibition imposed under any such regulations (including any requirement or prohibition to which he is subject by virtue of the terms of or any condition or restriction attached to any licence, approval, exemption or other authority issued, given or granted under the regulations);

d

to contravene any requirement imposed by or under regulations under section 14 or intentionally to obstruct any person in the exercise of his powers under that section;

C8C9C7e

to contravene any requirement imposed by an inspector under section 20 or 25;

C10C11C12C13C14C15f

to prevent or attempt to prevent any other person from appearing before an inspector or from answering any question to which an inspector may by virtue of section 20(2) require an answer;

C16C17C18C19C20C21g

to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal);

C22C23C24C25C26C27h

intentionally to obstruct an inspector in the exercise or performance of his powers or duties F2or to obstruct a customs officer in the exercise of his powers under section 25A;

C28C29C30C31i

to contravene any requirement imposed by a notice under section 27(1);

C32C33C34j

to use or disclose any information in contravention of section 27(4) or 28;

C35C36C27k

to make a statement which he knows to be false or recklessly to make a statement which is false where the statement is made—

i

in purported compliance with a requirement to furnish any information imposed by or under any of the relevant statutory provisions; or

ii

for the purpose of obtaining the issue of a document under any of the relevant statutory provisions to himself or another person;

C37C38C39l

intentionally to make a false entry in any register, book, notice or other document required by or under any of the relevant statutory provisions to be kept, served or given or, with intent to deceive, to make use of any such entry which he knows to be false;

C40C41C42m

with intent to deceive, to F3forge or use a document issued or authorised to be issued under any of the relevant statutory provisions or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be calculated to deceive;

C43C44C45C46n

falsely to pretend to be an inspector;

C47C48C49C50C51o

to fail to comply with an order made by a court under section 42.

F71A

Subject to any provision made by virtue of section 15(6)(d), a person guilty of an offence under subsection (1)(a) above consisting of failing to discharge a duty to which he is subject by virtue of sections 2 to 6 shall be liable—

a

on summary conviction, to a fine not exceeding £20,000;

b

on conviction on indictment, to a fine.

C72C73C74C75C76C512

A person guilty of an offence under paragraph (d), (f), (h) or (n) of subsection (1) above, or of an offence under paragraph (e) of that subsection consisting of contravening a requirement imposed by an inspector under section 20, shall be liable on summary conviction to a fine not exceeding F8level 5 on the standard scale

F9C77C78C79C80C81C822A

A person guilty of an offence under subsection (1)(g) or (o) above shall be liable—

a

on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding £20,000, or both;

b

on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.

C83C84C85C86C87C883

Subject to any provision made by virtue of section 15(6)(d) F10or (e) or by virtue of paragraph 2(2) of Schedule 3, a person guilty of F11an offence under subsection (1) above not falling within subsection (1A), (2) or (2A) above, or of an offence under any of the existing statutory provisions, being an offence for which no other penalty is specified, shall be liable—

a

on summary conviction, to a fine not exceeding £400;

b

on conviction on indictment—

i

if the offence is one to which this sub-paragraph applies, to imprisonment for a term not exceeding two years, or a fine, or both;

ii

if the offence is not one to which the preceding sub-paragraph applies, to a fine.

C89C90C91C924

Subsection (3)(b)(i) above applies to the following offences—

a

an offence consisting of contravening any of the relevant statutory provisions by doing otherwise than under the authority of a licence issued by the Executive . . . F1 something for the doing of which such a licence is necessary under the relevant statutory provisions;

b

an offence consisting of contravening a term of or a condition or restriction attached to any such licence as is mentioned in the preceding paragraph;

c

an offence consisting of acquiring or attempting to acquire, possessing or using an explosive article or substance (within the meaning of any of the relevant statutory provisions) in contravention of any of the relevant statutory provisions;

F12d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C93e

an offence under subsection (1)(j) above.

F45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C94E3C95C96C97C98C99C100C10133 Offences.

1

It is an offence for a person—

a

to fail to discharge a duty to which he is subject by virtue of sections 2 to 7;

b

to contravene section 8 or 9;

C102c

to contravene any health and safety regulations F13. . . or any requirement or prohibition imposed under any such regulations (including any requirement or prohibition to which he is subject by virtue of the terms of or any condition or restriction attached to any licence, approval, exemption or other authority issued, given or granted under the regulations);

d

to contravene any requirement imposed by or under regulations under section 14 or intentionally to obstruct any person in the exercise of his powers under that section;

C103C104e

to contravene any requirement imposed by an inspector under section 20 or 25;

C105C106f

to prevent or attempt to prevent any other person from appearing before an inspector or from answering any question to which an inspector may by virtue of section 20(2) require an answer;

C107C108g

to contravene any requirement or prohibition imposed by an improvement notice or a prohibition notice (including any such notice as modified on appeal);

C109h

intentionally to obstruct an inspector in the exercise or performance of his powers or duties F14or to obstruct a customs officer in the exercise of his powers under section 25A;

C110i

to contravene any requirement imposed by a notice under section 27(1);

C111j

to use or disclose any information in contravention of section 27(4) or 28;

C112k

to make a statement which he knows to be false or recklessly to make a statement which is false where the statement is made—

i

in purported compliance with a requirement to furnish any information imposed by or under any of the relevant statutory provisions; or

ii

for the purpose of obtaining the issue of a document under any of the relevant statutory provisions to himself or another person;

C112l

intentionally to make a false entry in any register, book, notice or other document required by or under any of the relevant statutory provisions to be kept, served or given or, with intent to deceive, to make use of any such entry which he knows to be false;

C113m

with intent to deceive, to F15forge or use a document issued or authorised to be issued under any of the relevant statutory provisions or required for any purpose thereunder or to make or have in his possession a document so closely resembling any such document as to be calculated to deceive;

C114n

falsely to pretend to be an inspector;

C115o

to fail to comply with an order made by a court under section 42.

C116C1172

A person guilty of an offence under paragraph (d), (f), (h) or (n) of subsection (1) above, or of an offence under paragraph (e) of that subsection consisting of contravening a requirement imposed by an inspector under section 20, shall be liable on summary conviction to a fine not exceeding F16level 5 on the standard scale

C118C1193

Subject to any provision made by virtue of section 15(6)(d) or by virtue of paragraph 2(2) of Schedule 3, a person guilty of an offence under any paragraph of subsection (1) above not mentioned in the preceding subsection, or of an offence under subsection (1)(e) above not falling within the preceding subsection, or of an offence under any of the existing statutory provisions, being an offence for which no other penalty is specified, shall be liable—

a

on summary conviction, to a fine not exceeding £400;

b

on conviction on indictment—

i

if the offence is one to which this sub-paragraph applies, to imprisonment for a term not exceeding two years, or a fine, or both;

ii

if the offence is not one to which the preceding sub-paragraph applies, to a fine.

4

Subsection (3)(b)(i) above applies to the following offences—

a

an offence consisting of contravening any of the relevant statutory provisions by doing otherwise than under the authority of a licence issued by the Executive . . . F13 something for the doing of which such a licence is necessary under the relevant statutory provisions;

b

an offence consisting of contravening a term of or a condition or restriction attached to any such licence as is mentioned in the preceding paragraph;

c

an offence consisting of acquiring or attempting to acquire, possessing or using an explosive article or substance (within the meaning of any of the relevant statutory provisions) in contravention of any of the relevant statutory provisions;

d

an offence under subsection (1)(g) above consisting of contravening a requirement or prohibition imposed by a prohibition notice;

C120e

an offence under subsection (1)(j) above.

5

Where a person is convicted of an offence under subsection (1)(g) or (o) above, then, if the contravention in respect of which he was convicted is continued after the conviction he shall (subject to section 42(3)) be guilty of further offence and F5liable on summary conviction to a fine not exceeding £100 for each day on which the contravention is so continued.

F176

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .