The Health and Safety (Enforcing Authority) Regulations 1989

Explanatory Note

This note is not part of the Regulations)

These Regulations re-enact the Health and Safety (Enforcing Authority) Regulations 1977 (“the 1977 Regulations”) with amendments. The 1977 Regulations made provision with respect to enforcement by local authorities of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) and the other relevant statutory provisions within the meaning of that Act. In addition to minor and drafting amendments, these Regulations make the following changes of substance:—

The Regulations re-enact the main provision of the 1977 Regulations which provided that where the main activity carried on in any premises was specified in Schedule 1 to those Regulations then, subject to specified exceptions, the local authority was the enforcingto these Regulations includes activities not specified in Schedule 1 to the 1977 Regulations. The new activities are:— the display or demonstration of goods at exhibitions; cosmetic or therapeutic treatments; sports, cultural or recreational activities; hiring out of pleasure craft for use on inland waters; care, treatment, accommodation or exhibition of animals, activities of an undertaker; and church worship or religious meetings.

The Regulations introduce a new provision for multi-occupied premises. Subject to specified exceptions, each part separately occupied is to be regarded as being separate premises for the purposes of enforcement allocation (regulation 3(2)).

Regulation 4(1) of the 1977 Regulations is replaced with the following changes:— Notwithstanding that the main activity carried on in premises is listed in Schedule 1, the Health and Safety Executive is made the enforcing authority for any part of premises occupied by a body specified in the regulation, and for enforcement against such a body or its officers or servants. The Executive is also made the enforcing authority for any part of the premises occupied by another person for the purpose of providing services at the premises for a specified body. The provision in the 1977 Regulations which made the Executive the enforcing authority for premises “controlled” by a specified body has not been re-enacted. Parish Councils, Community Councils, visiting forces, international headquarters and defence organisations are added to the list of bodies which were specified in the 1977 Regulations (regulation 4(1) to (3)).

The Regulations make the Executive the enforcing authority for premises where the main activity is indoor sports if specified conditions are met (regulation 4(4)).

The Regulations make the Executive the enforcing authority for the enforcement of section 6 of the 1974 Act (general duties of manufacturers etc. as regards activities and substances) even though the main activity carried on in the premises is listed in Schedule 1 (regulation 4(5)(a)).

The activities set out in Schedule 2 to these Regulations are allocated for enforcement by(regulation 4(5)(b)). Schedule 2 replaces regulation 4(2) of the 1977 Regulations. It excludes the previous references to work with water and telecommunications systems, modifies the references to construction work and to work with gas and electricity systems, and includes other activities.

The Regulations provide that, regardless of main activity, the licensing or registration authority for an explosives factory, magazine, store or premises for keeping explosives shall be the enforcing authority for such provisions of the Explosives Act 1875 and legislation made thereunder as are relevant statutory provisions (regulation 4(8)).

The Regulations enable enforcement responsibility to be assigned by the Executive and local authority jointly (to either of them) where they agree there is uncertainty in the particular case as to which one is the enforcing authority. Under the 1977 Regulations an assignment could only be made by the Health and Safety Commission (regulation 6(1)).

The Regulations repeal sections 52(5) and 83(5) of the Offices, Shops and Railway Premises Act 1963 (which relate to enforcement of that Act in places of public entertainment). The Regulations also revoke the 1977 Regulations and Regulations amending them, namely the Health and Safety (Enforcing Authority) (Amendment) Regulations 1980 and the Health and Safety (Enforcing Authority) (Amendment) Regulations 1985 (regulation 7).