Schedules

Schedule 1Amendments of the Health and Safety at Work etc Act 1974

Section 2

1

The Health and Safety at Work etc Act 1974 is amended as follows.

2

1

Section 11 (functions of the Executive) is amended as follows.

2

In subsection (5)—

a

in paragraph (a) after “functions” insert “other than its building functions”;

b

in paragraph (b) after “activities” insert “other than its building functions”.

3

In subsection (6)(b) at the end insert “or to its building functions.”

3

After section 11 insert—

11APowers of the Executive: buildings in England

1

The Executive may do such things and make such arrangements as it considers appropriate in connection with any of its building functions.

2

In particular, it may—

a

assist and encourage persons concerned with matters relevant to those functions;

b

make arrangements for—

i

the carrying out of research and the publication of the results of research;

ii

the provision of training and information;

c

encourage research and the provision of training and information by others;

d

make arrangements for the provision of a service providing information or advice on such matters, and to such persons, as it considers appropriate;

e

institute criminal proceedings.

3

And it may—

a

appoint persons or committees of persons to provide it with advice, or to do such other things as it considers appropriate, in connection with any of its building functions, and

b

remunerate those persons.

Nothing in paragraph (b) limits section 13(8).

4

Any amounts paid under subsection (3)(b) are to be such as may be determined by the Secretary of State.

4

In section 12(3) (control of the Executive) after “provisions” insert “, or the enforcement of the building enactments,”.

5

1

Section 13 (powers of the Executive) is amended as follows.

2

In subsection (3) after “functions” insert “on its behalf”.

3

In subsection (4) after “department or authority” insert “on behalf of the Minister, department or authority”.

4

In subsection (6) after “Part” insert “or in connection with its building functions”.

5

In subsection (7) after “functions” insert “except its building functions”.

6

In section 27 (information powers) after subsection (4) insert—

5

In this section any reference to the Executive’s functions does not include its building functions.

7

In section 53 (general interpretation) at the appropriate place insert—

  • the building enactments” means the provisions of, and of instruments made under—

    1. a

      the Building Act 1984, and

    2. b

      Parts 2 and 4 of the Building Safety Act 2022;

  • building function” has the meaning given by section 3 of the Building Safety Act 2022;

8

1

Schedule 2 (constitution of the Executive) is amended as follows.

2

In paragraph 2(3)(d)(iii) at the end insert “, building safety, building standards or fire safety.”

3

In paragraph 9(3)(b) after “provisions” insert “, or the building enactments,”.

4

In paragraph 12(2)—

a

after “Executive” insert “or signed on its behalf”;

b

after “so executed” insert “or signed”.