Schedule 1: Amendments of the Health and Safety at Work etc Act 1974
Effect
- This Schedule makes a number of amendments to the Health and Safety at Work etc Act 1974 to support the formation of the new Building Safety Regulator within the Health and Safety Executive.
- Paragraph 2(2) amends section 11(5) of the Health and Safety at Work etc Act 1974 to exclude the Health and Safety Executive’s new Building Safety Regulator "building functions" from the existing requirements for the Health and Safety Executive to agree how it undertakes its activities with the Secretary of State. This change reflects the new requirement under section 17 and section 18 for the Building Safety Regulator to produce a strategic plan exclusively in connection with its building functions. Paragraph 2(3) makes a minor consequential amendment.
- Paragraph 3 inserts a new section 11A into the Health and Safety at Work etc Act 1974. Subsection 11A(1) is intended to give the Health and Safety Executive the power to determine how it delivers its building functions. New subsection 11A(2) illustrates the types of activity the Health and Safety Executive could undertake using this power, such as encouraging compliance with the new regime, undertaking research or providing training. New subsection 11A(3) enables the Health and Safety Executive to set up committees relating to the building functions, and pay committee members for their work.
- Paragraph 4 amends section 12(3) of the Health and Safety at Work etc Act 1974, which creates the Secretary of State’s power to direct the Health and Safety Executive. Section 12(3) provides a safeguard around the use of the power to direct by precluding the Secretary of State from issuing any directions relating to enforcement in a particular case. The amendment ensures this safeguard also applies in relation to the Health and Safety Executive’s new building functions.
- Paragraph 5(2) clarifies the existing provision in section 13(3) of the Health and Safety at Work etc Act 1974 allowing the Health and Safety Executive to make agreements with others to enable them to carry out Health and Safety Executive functions. The clarification makes clear that any such functions would be carried out by another person (such as an employee of a Local Authority or a fire and rescue authority) on behalf of the Health and Safety Executive. Paragraph 5(3) makes a similar clarificatory amendment to the existing provision in section 13(4) of the Health and Safety at Work etc Act 1974, allowing the Health and Safety Executive to make agreements with Ministers, Government departments and public authorities for the Health and Safety Executive to carry out their functions. The clarification makes clear that any such functions would be carried out by the Health and Safety Executive on behalf of the Minister, Government department or public authority.
- Paragraph 5(4) makes a minor consequential amendment. Paragraph 5(5) excludes the building functions from provisions in relation to committees of the Health and Safety Executive in section 13(7) of the Health and Safety at Work etc Act 1974; this reflects that new section 11A(3) of the Health and Safety at Work etc Act 1974 makes specific provision for committees to be set up to support the building functions.
- Paragraph 6 amends section 27 of the Health and Safety at Work etc Act 1974. The effect is to exclude the Health and Safety Executive’s new Building Safety Regulator functions from provisions enabling the Health and Safety Executive to serve notices for the purpose of obtaining information pertinent to the discharge of its functions. Paragraph 4 of Schedule 2 of this Act provides authorised officers of the Building Safety Regulator with specific powers by which they may obtain information relevant to the Building Safety Regulator’s building functions. Therefore, it is not necessary for section 27 to apply in respect of the Health and Safety Executive’s building functions.
- Paragraph 7, which amends section 53, makes clear the meaning of "building functions" and "building enactments" in the Health and Safety at Work etc Act 1974.
- Paragraph 8(2) amends paragraph 2(3)(d)(iii) of Schedule 2 to the Health and Safety at Work etc Act 1974. This paragraph sets out the arrangements for the Secretary of State to make appointments to the Health and Safety Executive (commonly referred to as the Health and Safety Executive Board), including requirements for certain members to be appointed after consultation with organisations representing employers, employees and local authorities. Paragraph 2(3)(d)(iii) (before amendment) enables the Secretary to appoint four "other members" of the Health and Safety Executive Board after consultation with the Scottish Ministers, the Welsh Ministers, or such organisations as the Secretary of State considers appropriate. The amendment will ensure that the Secretary of State can use the power under 2(3)(d)(iii) to appoint members of the Health and Safety Executive Board after consulting with organisations whose activities relate to building safety, building standards or fire safety. This amendment is intended to ensure that Health and Safety Executive Board members can be appointed because of their building safety, building standards or fire safety expertise, so that the Health and Safety Executive Board has the experience and skills necessary to effectively oversee the new building functions.
- Paragraph 8(3) amends paragraph 9(3)(b) of Schedule 2 to the Health and Safety at Work etc Act 1974. This provision excludes members of the Health and Safety Executive Board, or any committee of the Health and Safety Executive Board, from making decisions concerning the enforcement of the relevant statutory provisions in any particular case. The amendment extends this safeguard to cover enforcement of building functions.
- Paragraph 8(4) operates alongside section 29 of this Act to confirm that staff from within the Health and Safety Executive or other organisations working with the Health and Safety Executive may sign documents on behalf of the Executive, where they have been authorised to do so. This provision might be used to enable certain members of staff from local authorities or Fire and Rescue Services to sign documents on behalf of the Building Safety Regulator, where those organisations have been requested to provide support to the Building Safety Regulator under section 13 of this Act.
Background
- Schedule 1 amends provisions in the Health and Safety at Work etc. Act 1974 to enable the establishment and work of the new Building Safety Regulator.
