The Working Time Regulations 1998

Enforcement E+W+S

28.—(1) In this regulation and regulation 29—

• “the 1974 Act" means the Health and Safety at Work etc. Act 1974 M1 ;

• “the relevant requirements" means the following provisions—

  (a)

  regulations 4(2), 6(2) and (7), 7(1), (2) and (6), 8 and 9; and

  (b)

  regulation 24, in so far as it applies where regulation 6(1), (2) or (7) is modified or excluded, and

• “the relevant statutory provisions" has the same meaning as in the 1974 Act.

(2) It shall be the duty of the Health and Safety Executive to make adequate arrangements for the enforcement of the relevant requirements except to the extent that a local authority is made responsible for their enforcement by paragraph (3).

(3) Where the relevant requirements apply in relation to workers employed in premises in respect of which a local authority is responsible, under the Health and Safety (Enforcing Authority) Regulations 1998 M2 , for enforcing any of the relevant statutory provisions, it shall be the duty of that authority to enforce those requirements.

(4) The duty imposed on local authorities by paragraph (3) shall be performed in accordance with such guidance as may be given to them by the Health and Safety Commission.

(5) The following provisions of the 1974 Act shall apply in relation to the enforcement of the relevant requirements as they apply in relation to the enforcement of the relevant statutory provisions, and as if any reference in those provisions to an enforcing authority were a reference to the Health and Safety Executive and any local authority made responsible for the enforcement of the relevant requirements—

(a) section 19;

(b) section 20(1), (2)(a) to (d) and (j) to (m), (7) and (8); and

(c) sections 21, 22 M3 , 23(1), (2) and (5), 24 and 26; and

(d) section 28, in so far as it relates to information obtained by an inspector in pursuance of a requirement imposed under section 20(2)(j) or (k).

(6) Any function of the Health and Safety Commission under the 1974 Act which is exercisable in relation to the enforcement by the Health and Safety Executive of the relevant statutory provisions shall be exercisable in relation to the enforcement by the Executive of the relevant requirements.

Marginal Citations

M1 1974 c.37.

M2 S.I. 1998/494.

M3 Section 22 of the 1974 Act was amended by the Consumer Protection Act 1987 (c.43), Schedule 3, paragraph 2.