The Construction Products Regulations 1991

Health and safety at work

33.—(1) In any proceedings against a person for an offence under any of the relevant statutory provisions (as defined in section 53(1) of the Health and Safety at Work etc. Act 1974(1) or Article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1987(2)) which impose requirements with respect to any matter it shall be a defence for that person to show that the requirements of these Regulations were satisfied in relation to that matter.

(2) Where an improvement notice or a prohibition notice has been served on any person pursuant to section 21 or, as the case may be, section 22 of the Health and Safety at Work etc. Act 1974(3) (or pursuant to Article 23 or, as the case may be, Article 24 of the Health and Safety at Work (Northern Ireland) Order 1978(4), if the person upon whom the notice was served appeals to an industrial tribunal pursuant to section 24 of the said Act (or Article 26 of the said Order) and shows that the notice relates to any matter in respect of which the requirements of these Regulations are satisfied, the tribunal shall cancel the notice.

(1)

1974 c. 37.

(2)

S.I. 1978/1039 (N.I. 9).

(3)

Section 22 was amended by the Consumer Protection Act 1987 (c. 43), section 36 and Schedule 3, paragraph 2.

(4)

Relevant amending instruments are S.I. 1984/1159 (N.I. 9) and 1987/2049 (N.I. 20).