Statutory Instruments
HEALTH AND SAFETY
Made
2nd March 1998
Laid before Parliament
6th March 1998
Coming into force
1st April 1998
The Secretary of State, in exercise of the powers conferred on him by sections 15(1) and (3)(a) and (c), 18(2) and 82(3)(a) of the Health and Safety at Work etc. Act 1974(1) (“the 1974 Act”) and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:
Modifications etc. (not altering text)
C1Regulations excluded (1.4.1999) by The Control of Major Accident Hazards Regulations 1999 (S.I. 1999/743), regs. 1, 20(6) (with reg. 3)
C2Regulations excluded in part (19.11.1999) by Nuclear Reactors (Environmental Impact Assessment for Decommissioning) Regulations 1999 (S.I. 1999/2892), regs. 1, 16(2) (with regs. 3, 14)
C3Regulations excluded (15.11.2000) by The Genetically Modified Organisms (Contained Use) Regulations 2000 (S.I. 2000/2831), regs. 1, 26(3)
C4Regulations applied (6.4.2001) by The Biocidal Products Regulations 2001 (S.I. 2001/880), reg. 1, Sch. 11 para. 5(6)
C5Regulations applied (9.6.2004) by The Adventure Activities (Enforcing Authority) Regulations 2004 (S.I. 2004/1359), regs. 1(1), 2(1) (with reg. 2(2))
C6Regulations excluded (1.9.2013) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 1, 9(1) (with regs. 3(4)(5), 31)
C7Regulations applied (1.9.2013) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 1, 9(5) (with regs. 3(4)(5), 9(6), 31)
C8Regulations excluded (1.4.2014) by S.I. 1996/341, reg. 7(1) (as substituted by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 64 (with Sch. 4))
C9Regulations excluded (1.4.2014) by S.I. 1996/890, reg. 6 (as substituted by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 65 (with Sch. 4))
C10Regulations excluded (1.4.2014) by S.I. 1993/2714, reg. 9(1) (as substituted by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 55(2) (with Sch. 4))
C11Regulations excluded (1.6.2015) by The Control of Major Accident Hazards Regulations 2015 (S.I. 2015/483), regs. 1(1), 27(5) (with reg. 3(2))
C12Regulations excluded (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 1(1), 18(1) (with regs. 3(4)(5), 31)
C13Regulations applied (with modifications) (10.5.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(4), 35(1)(2), Sch. 5 para. 42
C14Regulations applied (with modifications) (21.3.2024) by The South Yorkshire Mayoral Combined Authority (Election of Mayor and Transfer of Police and Crime Commissioner Functions) Order 2024 (S.I. 2024/414), arts. 1(2), 5, Sch. 1 para. 42
1. These Regulations may be cited as the Health and Safety (Enforcing Authority) Regulations 1998 and shall come into force on 1st April 1998.
Commencement Information
I1Reg. 1 in force at 1.4.1998, see reg. 1
1A. Nothing in these Regulations applies to the enforcement of the relevant statutory provisions as they apply in relation a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013).]
Textual Amendments
2.—(1) In these Regulations, unless the context otherwise requires—
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“agricultural activities”—
includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, including the management of livestock up to the point of slaughter or export from Great Britain, forestry, the use of land as grazing land, market gardens and nursery grounds and the preparation of land for agricultural use;
does not include such activities at a garden centre or other shop,
and for this purpose “livestock breeding and keeping” does not include activities the main purpose of which is entertainment;
[F2“authorised defence site” means a site in England and Wales or Scotland—
that is used for any purpose which, if section 1 of the Nuclear Installations Act 1965 applied to the Crown, would require the authority of a nuclear site licence in respect of that site; and
for which there is in force an authorisation granted by or on behalf of the Secretary of State having responsibility for defence authorising it to be used for that purpose;]
[F3 “bus” means a motor vehicle which is designed or adapted to travel along roads and to carry more than eight passengers but which is not a tramcar; ]
[F4“the CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907/2006, of which Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time;]
F5 ...
“common parts” means those parts of premises used in common by, or for providing common services to or common facilities for, the occupiers of the premises;
“construction work” and “contractor” have the meanings assigned to them by regulation 2(1) of the Construction (Design and Management) Regulations [F62015];
“dock premises” has the meaning assigned to it by regulation 2(1) of the Docks Regulations 1988(2);
“electricity system” does not include the consumer’s installation within the meaning of regulation 3(1) of the Electricity Supply Regulations 1988(3);
“the Executive” means the Health and Safety Executive;
“fairground” means such part of premises as is for the time being used wholly or mainly for the operation of any fairground equipment, other than a coin-operated ride, non-powered children’s playground equipment, swimming pool slide, go-kart, or plant designed to be used by members of the public for entertainment purposes for bouncing upon;
“gas” has the meaning assigned to it by section 48 of the Gas Act 1986(4);
“gas fitting” has the meaning assigned to it by section 48 of the Gas Act 1986;
“gas system” does not include a portable or mobile appliance supplied with gas from a cylinder, or the cylinder, pipes and other fittings used for supplying gas to that appliance;
[F7“guided bus system” means a system of transport, used wholly or mainly for the carriage of passengers, that employs buses which for some or all of the time when they are in operation—
travel along roads; and
are guided (whether while on the road or at other times) by means of—
apparatus, a structure or other device which is fixed and not part of the bus; or
a guidance system which is automatic;
“guided transport” means a system of transport, used wholly or mainly for the carriage of passengers, employing vehicles which for some or all of the time when they are in operation are guided by means of—
rails, beams, slots, guides or other apparatus, structures or devices which are fixed and not part of the vehicle; or
a guidance system which is automatic;
and for this purpose “vehicle” includes a mobile traction unit;]
[F8“hazardous substance or mixture” means a substance or mixture which meets the criteria for classification within any health hazard or physical hazard class [F9as provided for] in the CLP Regulation;]
“ionising radiation” has the meaning assigned to it by regulation 2(1) of [F10the Ionising Radiations Regulations 2017 [SI 2017/1075]];
“livestock” means any creature kept for the production of food, wool, skins or fur or for the purpose of any agricultural activity;
“local authority” means—
in relation to England, a county council so far as they are the council for an area for which there are no district councils, a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under-Treasurer of the Middle Temple or the Council of the Isles of Scilly;
in relation to Scotland, the council for a local government area; and
in relation to Wales, a county council or a county borough council;
“mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954(5) [F11but, notwithstanding [F12subsection (7)] of that section, does not include any railway serving the mine unless and to the extent that the railway is located within the curtilage of the mine;]
[F13“the ONR” means the Office for Nuclear Regulation;
“new nuclear build site” has the meaning given in regulation 2A;
“nuclear warship site” has the meaning given in regulation 2B;]
“office activities” includes any activity for the purposes of administration, clerical work, handling money, telephone and telegraph operating and the production of computer software by the use of computers; and for this purpose “clerical work” includes writing, book-keeping, sorting papers, filing, typing, duplicating, machine calculating, drawing and the editorial preparation of matter for publication except where that preparation is on the premises where newspapers, magazines, periodicals or books are printed;
“pleasure craft” has the meaning assigned to it by regulation 2(1) of the Docks Regulations 1988;
“preparation dangerous for supply” has the meaning assigned to it by regulation 2(1) of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994(6);
F14...
[F15“quarry” has the meaning assigned to it by regulation 3 of the Quarries Regulations 1999;]
[F16“railway” means any system of transport the operation of which is specified in regulation 3(2) of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006;]
[F17“road”—
in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes; and
in Scotland, has the same meaning as in the Roads (Scotland) Act 1984;]
“substance dangerous for supply” has the meaning assigned to it by regulation 2(1) of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994;
[F18“trolley vehicle system” means a system of transport by vehicles constructed or adapted for use on roads without rails under electric power transmitted to them by overhead wires (whether or not there is in addition a source of power on board the vehicles);]
“veterinary surgery” has the meaning assigned to it by section 27 of the Veterinary Surgeons Act 1966(7);
“work” in relation to a gas fitting has the meaning assigned to it by regulation 2(1) of the Gas Safety (Installation and Use) Regulations 1994(8);
“zoo” has the meaning assigned to it by section 1(2) of the Zoo Licensing Act 1981(9).
(2) In these Regulations (except regulation 4(7)), unless the context otherwise requires, any reference to the enforcing authority for premises or parts of premises is a reference to the enforcing authority for the relevant statutory provisions in relation to those premises or parts, as the case may be, and to any activity carried on in them.
(3) In these Regulations, unless the context otherwise requires, any reference to—
(a)a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations so numbered; and
(b)a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.
Textual Amendments
F2Words in reg. 2(1) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 72(a) (with Sch. 4)
F3Words in reg. 2(1) inserted (1.4.2006) by The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 (S.I. 2006/557), reg. 1, Sch. para. 6(2)(a)
F4Words in reg. 2(1) inserted (1.6.2015) by The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015 (S.I. 2015/21), regs. 1(3), 6(2)(a)
F5Words in reg. 2(1) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21)
F6Word in reg. 2(1) substituted (6.4.2015) by The Construction (Design and Management) Regulations 2015 (S.I. 2015/51), reg. 1, Sch. 5 (with reg. 3, Sch. 4)
F7Words in reg. 2(1) inserted (1.4.2006) by The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 (S.I. 2006/557), reg. 1, Sch. para. 6(2)(b)
F8Words in reg. 2(1) inserted (1.6.2015) by The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015 (S.I. 2015/21), regs. 1(3), 6(2)(b)
F9Words in reg. 2(1) substituted (31.12.2020) by The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/720), reg. 1(2), Sch. 1 para. 1(2); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in reg. 2(1) substituted (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), reg. 1(2), Sch. 9 para. 4(2) (with regs. 2(5), 3, Sch. 8)
F11Words in reg. 2(1) inserted (1.4.2006) by The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 (S.I. 2006/557), reg. 1, Sch. para. 6(2)(c)
F12Words in reg. 2(1) substituted (6.4.2015) by The Mines Regulations 2014 (S.I. 2014/3248), reg. 1(2), Sch. 5 para. 8 (with reg. 1(3))
F13Words in reg. 2(1) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 72(b) (with Sch. 4)
F14Words in reg. 2(1) omitted (1.4.2006) by virtue of The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 (S.I. 2006/557), reg. 1, Sch. para. 6(2)(d)
F15Words in reg. 2(1) substituted (1.1.2000) by The Quarries Regulations 1999 (S.I. 1999/2024), reg. 1(1), Sch. 5 Pt. 2
F16Words in reg. 2(1) substituted (1.4.2006) by The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 (S.I. 2006/557), reg. 1, Sch. para. 6(2)(e)
F17Words in reg. 2(1) inserted (1.4.2006) by The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 (S.I. 2006/557), reg. 1, Sch. para. 6(2)(f)
F18Words in reg. 2(1) inserted (1.4.2006) by The Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006 (S.I. 2006/557), reg. 1, Sch. para. 6(2)(g)
Commencement Information
I2Reg. 2 in force at 1.4.1998, see reg. 1
2A.—(1) Subject to paragraphs (3) and (4), “new nuclear build site” means a site which—
(a)is immediately adjacent to a GB nuclear site (“the associated site”);
(b)is, or forms part of, a construction site where construction work is being carried out—
(i)wholly or mainly for the purpose of the installation of one or more nuclear installations on the associated site; and
(ii)by or on behalf of the person to whom the nuclear site licence for the associated site has been granted.
(3) A site is not a new nuclear build site if, on the date construction work starts on that site, there is a nuclear installation installed on the associated site.
(4) A site ceases to be a new nuclear build site on the completion of the construction work mentioned in paragraph (1)(b).
(5) In this regulation—
(a)“construction site” and “construction work” have the meanings given in regulation 2(1) of the Construction and Design Management Regulations [F202015];
(b)“GB nuclear site” has the meaning given in section 68 of the Energy Act 2013;
(c)“nuclear site licence” and “nuclear installation” have the meanings given in section 26 of the Nuclear Installations Act 1965.
Textual Amendments
F19Regs. 2A, 2B inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 73 (with Sch. 4)
F20Word in reg. 2A(5)(a) substituted (6.4.2015) by The Construction (Design and Management) Regulations 2015 (S.I. 2015/51), reg. 1, Sch. 5 (with reg. 3, Sch. 4)
2B.—(1) For the purposes of these Regulations, “nuclear warship site” means a site which falls within paragraph (2).
(2) A site falls within this paragraph if—
(a)it is, or contains, a berth or an anchorage; and
(b)relevant arrangements have—
(i)been made for the use of the berth or anchorage (as the case may be) by a nuclear powered warship; and
(ii)been notified to the ONR by the Secretary of State.
(3) A site ceases to fall within paragraph (2) if the Secretary of State notifies the ONR that the relevant arrangements made for the use of the berth or anchorage by a nuclear powered warship are no longer in place.
(4) In this regulation, “relevant arrangements” means, in relation to a berth or an anchorage (as the case may be), arrangements—
(a)made between the Secretary of State and the owner or occupier in any case where the Secretary of State is not the owner or occupier of the site which is, or contains, the berth or anchorage,
(b)otherwise, made by the Secretary of State.]
Textual Amendments
3.—(1) Where the main activity carried on in non-domestic premises is specified in Schedule 1, the local authority for the area in which those premises are situated shall be the enforcing authority for them, and the Executive shall be the enforcing authority in any other case including the common parts of domestic premises.
(2) Where such premises are occupied by more than one occupier each part separately occupied shall be regarded as being separate premises for the purposes of paragraph (1).
(3) While a vehicle is parked in connection with the sale from it of food, drink or other articles the vehicle together with its pitch shall be regarded as separate premises for the purposes of paragraph (1).
(4) Where paragraph (2) applies, the local authority shall be the enforcing authority for the common parts, except that—
(a)if the Executive is the enforcing authority for—
(i)all other parts of the premises, the Executive shall be the enforcing authority for the common parts;
(ii)any other part of the premises and the occupier of that part has any obligations under the relevant statutory provisions for any matters appertaining to the common parts, the Executive shall be the enforcing authority for those provisions in respect of such matters;
(b)in the case of land within the perimeter of an airport the Executive shall be the enforcing authority for the common parts—
(i)which are not within a building; or
(ii)to which passengers are admitted but other members of the public are not admitted.
(5) Paragraph (2) shall not apply to—
(a)the tunnel system within the meaning it would have in section 1(7) of the Channel Tunnel Act 1987(10) if the words “to be” did not appear;
(b)an offshore installation within the meaning of regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulation 1995(11);
(c)a building or construction site, that is to say, premises where the only activities being undertaken are construction work and activities for the purposes of or in connection with such work;
(d)the campus of a university, polytechnic, college, school or similar educational establishment;
(e)a hospital;
and the Executive shall be the enforcing authority for the whole of any such premises.
(6) Notwithstanding paragraph (4), [F21the Office of Rail and Road] shall be the enforcing authority for the common parts in a railway station or terminal or in a goods yard which is served by a railway.
(7) This regulation shall have effect subject to [F22regulations 4 to 6A].
Textual Amendments
F21Words in reg. 3 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 10(c)
F22Words in reg. 3(7) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 74 (with Sch. 4)
Modifications etc. (not altering text)
C15Reg. 3 excluded (1.10.2014) by The Genetically Modified Organisms (Contained Use) Regulations 2014 (S.I. 2014/1663), regs. 1, 30(5) (with reg. 3(1)(2))
Commencement Information
I3Reg. 3 in force at 1.4.1998, see reg. 1
4.—(1) The Executive shall be the enforcing authority for—
(a)the enforcement of any of the relevant statutory provisions against a body specified in paragraph (3) or the officers or servants of such a body;
(b)any part of premises occupied by such a body.
(2) Where premises are mainly occupied by a body specified in paragraph (3) and are partly occupied by another person for the purpose of providing services at the premises for that body, the Executive shall be the enforcing authority for the part of the premises occupied by that other person.
(3) The bodies referred to in paragraphs (1) and (2) are—
(a)a county council;
(b)any other local authority as defined in regulation 2;
(c)a parish council in England or a community council in Wales or Scotland;
(d)a police authority [F23, a local policing body] or the Receiver for the Metropolitan Police District;
[F24(e)[F25the Scottish Fire and Rescue Service];]
[F24(e)a fire and rescue authority under the Fire and Rescue Services Act 2004;]
(f)a headquarters or an organisation designated for the purposes of the International Headquarters and Defence Organisation Act 1964(12); or a service authority of a visiting force within the meaning of section 12 of the Visiting Forces Act 1952(13);
(g)the United Kingdom Atomic Energy Authority;
(h)the Crown, but regulation 3 shall apply to any part of premises occupied by the Executive and to any activity carried on there.
(4) The Executive shall be the enforcing authority for—
(a)section 6 of the 1974 Act;
(b)the other relevant statutory provisions in respect of any activity specified in Schedule 2 (whether or not it is the main activity carried on in premises).
(5) Regulation 3 and the preceding provisions of this regulation shall have effect subject to any provisions made for enforcement responsibility by other regulations made under the 1974 Act or by any of the existing statutory provisions.
(6) The preceding provisions of this regulation shall have effect subject to [F26regulations 4A to 6A].
F27(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27(9A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27(9B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F23Words in reg. 4(3)(d) inserted (16.1.2012) by The Local Policing Bodies (Consequential Amendments) Regulations 2011 (S.I. 2011/3058), regs. 1(2), 15(2)
F24Reg. 4(3)(e) substituted (E.W.) (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 3 para. 5 (with arts. 49, 51) (as amended by S.I. 2006/484, arts. 1(1), 2)
F25Words in reg. 4(3)(e) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 76
F26Words in reg. 4(6) substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 75(2) (with Sch. 4)
F27Reg. 4(7)-(12) revoked (1.10.2014) by The Explosives Regulations 2014 (S.I. 2014/1638), reg. 1(1), Sch. 13 para. 17, Sch. 14 Pt. 2
Modifications etc. (not altering text)
C16Reg. 4(3)(d) applied (with modifications) (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 1 para. 42(2)
C17Reg. 4(3)(d) modified (E.) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 33(2), Sch. 5 para. 42(2)
Commencement Information
I4Reg. 4 in force at 1.4.1998, see reg. 1
4A.—(1) The ONR shall be the enforcing authority for premises which are or are on—
(a)an authorised defence site; or
(b)a new nuclear build site.
(2) The ONR shall also be the enforcing authority for—
[F29(a)the provisions of the Ionising Radiations Regulations 2017 in so far as they apply—
(i)in relation to the civil transport of radioactive material by road, railway or inland waterway; and
(ii)to premises which are or are on a nuclear warship site;
(aa)the provisions of the [F30Radiation (Emergency Preparedness and Public Information) Regulations 2019] in so far as they apply to premises which are or are on a nuclear warship site;]
(b)subsections (1), (2), (4) and (5) of section 6 of the 1974 Act (general duties of manufacturers etc. as regards articles and substances for use at work) but only in so far as those requirements relate to—
(i)articles for use at work which are designed, manufactured, imported or supplied; or
(ii)substances which are manufactured, imported or supplied,
to be used exclusively or primarily in the installation, operation or decommissioning of a GB nuclear site or an authorised defence site;
(c)subsection (3) of section 6 of the 1974 Act in so far as the requirements of that provision relate to the erection or installation of any article for use at work in any premises which are or are on an authorised defence site or a new nuclear build site.
[F31(3) For the purposes of—
(a)paragraph (2)(a)—
(i)“civil transport” means transport otherwise than for the purposes of the department of the Secretary of State with responsibility for defence;
(ii)“radioactive material” has the same meaning as given in regulation 2(1) of the Ionising Radiations Regulations 2017 [S.I. 2017/1075];
(iii)the transport of material begins with any preparatory process (such as packaging) and continues until the material has been unloaded at its destination;
(b)paragraphs (2)(a) and (aa) “premises” includes a nuclear powered warship during any period it is berthed or anchored at a nuclear warship site.]
(4) The preceding provisions of this regulation have effect subject to—
(a)regulation 6A; and
(b)any provisions made for enforcement responsibility by other regulations made under the 1974 Act or any of the existing statutory provisions.]
Textual Amendments
F28Reg. 4A inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 76 (with Sch. 4)
F29Reg. 4A(2)(a)(aa) substituted for reg. 4A(2)(a) (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), reg. 1(2), Sch. 9 para. 4(3)(a) (with regs. 2(5), 3, Sch. 8)
F30Words in reg. 4A(2)(aa) substituted (22.5.2019) by The Radiation (Emergency Preparedness and Public Information) Regulations 2019 (S.I. 2019/703), reg. 1(1), Sch. 10 para. 3 (with reg. 3)
F31Reg. 4A(3) substituted (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), reg. 1(2), Sch. 9 para. 4(3)(b) (with regs. 2(5), 3, Sch. 8)
5.—[F32(A1) This regulation applies in relation to any relevant statutory provision to the extent that either the Executive or the local authority is the enforcing authority for the provision.]
(1) The responsibility for enforcing any of the relevant statutory provisions in respect of any particular premises, part of premises, or any activity carried on there may be transferred from the Executive to the local authority or from the local authority to the Executive.
(2) A transfer may be made only by agreement between the enforcing authority which has the current responsibility and the authority to which it proposed to transfer it, F33....
(3) Where a transfer has been made, the authority to which responsibility has been transferred shall cause notice of the transfer to be given to persons affected by it F33....
(4) The preceding provisions of this regulation shall not apply to any part of premises occupied by the Crown or to any activity carried on there but responsibility for enforcing any of the relevant statutory provisions in respect of office activities and the premises used for them may be transferred by an agreement between the Executive, the local authority concerned and the Government Department or other public body concerned.
Textual Amendments
F32Reg. 5(A1) inserted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 77 (with Sch. 4)
F33Words in reg. 5(2)(3) omitted (1.4.2008) by virtue of The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21)
Commencement Information
I5Reg. 5 in force at 1.4.1998, see reg. 1
6.—[F35(1A) This regulation applies where there is uncertainty as to what are the respective responsibilities of the Executive and the local authority by virtue of regulations made under section 18(2) of the 1974 Act for the enforcement of any of the relevant statutory provisions in respect of any particular premises, part of premises or any activity carried on there.
(1B) The responsibility for enforcing the relevant statutory provision in question in the respect in question may be assigned by the Executive and the local authority (acting jointly) to the Executive or to the local authority.
(1C) An assignment under paragraph (1B) may only be made where the Executive and the local authority agree—
(a)that there is uncertainty in the particular case as to what are their respective responsibilities by virtue of regulations made under section 18(2) of the 1974 Act; and
(b)which of them is the more appropriate to be responsible for enforcement in that case.
(1D) Where an assignment is made under paragraph (1B) the authority to which responsibility is assigned must give notice of the assignment to any person affected by it.]
(2) For the purpose of removing uncertainty in any particular case as to what are their respective responsibilities by virtue of regulations made under section 18(2) of the 1974 Act either the Executive or the local authority may apply to [F36the Secretary of State] and where [F36the Secretary of State]considers that there is uncertainty it shall, after considering the circumstances and any views which may have been expressed to them by either enforcing authority or by persons affected, assign responsibility to whichever authority it considers appropriate; and where such an assignment is made [F36the Secretary of State] shall cause notice of the assignment to be given to both enforcing authorities concerned and to persons affected by it.
Textual Amendments
F34Reg. 6 heading substituted (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 78(2) (with Sch. 4)
F35Reg. 6(1A)-(1D) substituted for reg. 6(1) (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 3 para. 78(3) (with Sch. 4)
F36Words in reg. 6(2) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 1, Sch. 3 (with art. 21)
Commencement Information
I6Reg. 6 in force at 1.4.1998, see reg. 1
6A.—(1) This regulation applies where there is uncertainty as to what are the respective responsibilities of the Executive and the ONR by virtue of regulations made under section 15 or 18(2) of the 1974 Act for the enforcement of—
(a)section 6 of the 1974 Act in respect of any particular article for use at work or substance; or
(b)any other relevant statutory provision in respect of any premises, part of premises or any activity carried on there.
(2) The responsibility for enforcing the relevant statutory provision in question in the respect in question may be assigned by the Executive and the ONR (acting jointly) to the Executive or the ONR.
(3) An assignment under paragraph (2) may be made only where the Executive and the ONR agree—
(a)that there is uncertainty in the particular case as to what are their respective responsibilities by virtue of regulations made under section 15 or 18(2) of the 1974 Act are; and
(b)which of them is more appropriate to be responsible for enforcement in that case.
(4) Where an assignment is made under paragraph (2), the authority to which responsibility is assigned must give notice of the assignment to any person affected by it.
Textual Amendments
6B.—(1) This regulation applies where there is uncertainty as to what are the respective responsibilities of the ONR and a local authority by virtue of regulations made under section 18(2) of the 1974 Act for the enforcement of any of the relevant statutory provisions in respect of any particular premises, part of premises or any activity carried on there.
(2) The responsibility for enforcing the relevant statutory provision in question in the respect in question may be assigned by the ONR and the local authority (acting jointly) to the ONR or the local authority.
(3) An assignment under paragraph (2) may be made only where the ONR and the local authority agree—
(a)that there is uncertainty in the particular case as to what are their respective responsibilities by virtue of regulations made under 18(2) of the 1974 Act are; and
(b)which of them is more appropriate to be responsible for enforcement in that case.
(4) Where an assignment is made under paragraph (2), the authority to which responsibility is assigned must give notice of the assignment to any person affected by it.]
Textual Amendments
7. The instruments specified in column 1 of Schedule 3 are revoked to the extent specified in column 3 of that Schedule.
Commencement Information
I7Reg. 7 in force at 1.4.1998, see reg. 1
Signed by authority of the Secretary of State
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
Regulation 3(1)
1. The sale of goods, or the storage of goods for retail or wholesale distribution, except—U.K.
(a)at container depots where the main activity is the storage of goods in the course of transit to or from dock premises, an airport or a railway;
(b)where the main activity is the sale or storage for wholesale distribution of any substance or preparation dangerous for supply;
[F38(ba)where the main activity is the sale or storage for wholesale distribution of any hazardous substance or mixture;]
(c)where the main activity is the sale or storage of water or sewage or their by-products or natural or town gas;
and for the purposes of this paragraph where the main activity carried on in premises is the sale and fitting of motor car tyres, exhausts, windscreens or sunroofs the main activity shall be deemed to be the sale of goods.
Textual Amendments
F38Sch. 1 para. 1(ba) inserted (1.6.2015) by The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015 (S.I. 2015/21), regs. 1(3), 6(3)
Commencement Information
I8Sch. 1 para. 1 in force at 1.4.1998, see reg. 1
2. The display or demonstration of goods at an exhibition for the purposes of offer or advertisement for sale.U.K.
Commencement Information
I9Sch. 1 para. 2 in force at 1.4.1998, see reg. 1
3. Office activities.U.K.
Commencement Information
I10Sch. 1 para. 3 in force at 1.4.1998, see reg. 1
4. Catering services.U.K.
Commencement Information
I11Sch. 1 para. 4 in force at 1.4.1998, see reg. 1
5. The provision of permanent or temporary residential accommodation including the provision of a site for caravans or campers.U.K.
Commencement Information
I12Sch. 1 para. 5 in force at 1.4.1998, see reg. 1
6. Consumer services provided in a shop except dry cleaning or radio and television repairs, and in this paragraph “consumer services” means services of a type ordinarily supplied to persons who receive them otherwise than in the course of a trade, business or other undertaking carried on by them (whether for profit or not).U.K.
Commencement Information
I13Sch. 1 para. 6 in force at 1.4.1998, see reg. 1
7. Cleaning (wet or dry) in coin operated units in launderettes and similar premises.U.K.
Commencement Information
I14Sch. 1 para. 7 in force at 1.4.1998, see reg. 1
8. The use of a bath, sauna or solarium, massaging, hair transplanting, skin piercing, manicuring or other cosmetic services and therapeutic treatments, except where they are carried out under the supervision or control of a registered medical practitioner, a dentist registered under the Dentists Act 1984(14), a physiotherapist, an osteopath or a chiropractor.U.K.
Commencement Information
I15Sch. 1 para. 8 in force at 1.4.1998, see reg. 1
9. The practice or presentation of the arts, sports, games, entertainment or other cultural or recreational activities except where the main activity is the exhibition of a cave to the public.U.K.
Commencement Information
I16Sch. 1 para. 9 in force at 1.4.1998, see reg. 1
10. The hiring out of pleasure craft for use on inland waters.U.K.
Commencement Information
I17Sch. 1 para. 10 in force at 1.4.1998, see reg. 1
11. The care, treatment, accommodation or exhibition of animals, birds or other creatures, except where the main activity is horse breeding or horse training at a stable, or is an agricultural activity or veterinary surgery.U.K.
Commencement Information
I18Sch. 1 para. 11 in force at 1.4.1998, see reg. 1
12. The activities of an undertaker, except where the main activity is embalming or the making of coffins.U.K.
Commencement Information
I19Sch. 1 para. 12 in force at 1.4.1998, see reg. 1
13. Church worship or religious meetings.U.K.
Commencement Information
I20Sch. 1 para. 13 in force at 1.4.1998, see reg. 1
14. The provision of car parking facilities within the perimeter of an airport.U.K.
Commencement Information
I21Sch. 1 para. 14 in force at 1.4.1998, see reg. 1
15. The provision of child care, or playgroup or nursery facilities.U.K.
Commencement Information
I22Sch. 1 para. 15 in force at 1.4.1998, see reg. 1
Regulation 4(4)(b)
1. Any activity in a mine or quarry other than a quarry in respect of which notice of abandonment has been given under [F39regulation 45(1) of the Quarries Regulations 1999].U.K.
Textual Amendments
F39Words in Sch. 2 para. 1 substituted (1.1.2000) by The Quarries Regulations 1999 (S.I. 1999/2024), reg. 1(1), Sch. 5 Pt. 2
Commencement Information
I23Sch. 2 para. 1 in force at 1.4.1998, see reg. 1
2. Any activity in a fairground.U.K.
Commencement Information
I24Sch. 2 para. 2 in force at 1.4.1998, see reg. 1
3. Any activity in premises occupied by a radio, television or film undertaking in which the activity of broadcasting, recording or filming is carried on, and the activity of broadcasting, recording or filming wherever carried on, and for this purpose “film” includes video.U.K.
Commencement Information
I25Sch. 2 para. 3 in force at 1.4.1998, see reg. 1
4. The following activities carried on at any premises by persons who do not normally work in the premises—U.K.
(a)construction work if—
[F40(i) the project which includes the work is notifiable within the meaning of regulation 2(3) of the Construction (Design and Management) Regulations [F412015]; or]
(ii)the whole or part of the work contracted to be undertaken by the contractor at the premises is to the external fabric or other external part of a building or structure; or
(iii)it is carried out in a physically segregated area of the premises, the activities normally carried out in that area have been suspended for the purpose of enabling the construction work to be carried out, the contractor has authority to exclude from that area persons who are not attending in connection with the carrying out of the work and the work is not the maintenance of insulation on pipes, boilers or other parts of heating or water systems or its removal from them;
(b)the installation, maintenance or repair of any gas system, or any work in relation to a gas fitting;
(c)the installation, maintenance or repair of electricity systems;
(d)work with ionising radiations except work in one or more of the categories set out in [F42Schedule 1 to the Ionising Radiations Regulations 2017 [SI 2017/1075]].
Textual Amendments
F40Words in Sch. 2 para. 4(a)(i) substituted (6.4.2007) by The Construction (Design and Management) Regulations 2007 (S.I. 2007/320), reg. 1, Sch. 5 (with reg. 3)
F41Word in Sch. 2 para. 4(a)(i) substituted (6.4.2015) by The Construction (Design and Management) Regulations 2015 (S.I. 2015/51), reg. 1, Sch. 5 (with reg. 3, Sch. 4)
F42Words in Sch. 2 para. 4(d) substituted (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), reg. 1(2), Sch. 9 para. 4(4)(a) (with regs. 2(5), 3, Sch. 8)
Commencement Information
I26Sch. 2 para. 4 in force at 1.4.1998, see reg. 1
[F434A. The reference in paragraph 4(a)(iii) to [F44a physically segregated area does not include an area segregated only in order to prevent the escape of asbestos; and in this paragraph “asbestos” has the meaning assigned to it by regulation 2(1) of the Control of Asbestos Regulations 2012].]
Textual Amendments
F43Sch. 2 para. 4A inserted (21.11.2002) by Control of Asbestos at Work Regulations 2002 (S.I. 2002/2675), regs. 1, 27(2)
F44Words in Sch. 2 para. 4A substituted (6.4.2012) by The Control of Asbestos Regulations 2012 (S.I. 2012/632), reg. 1, Sch. 3
5. The use of ionising radiations for medical exposure (within the meaning of regulation 2(1) of [F45the Ionising Radiations Regulations 2017 [SI 2017/1075]]).U.K.
Textual Amendments
F45Words in Sch. 2 para. 5 substituted (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), reg. 1(2), Sch. 9 para. 4(4)(b) (with regs. 2(5), 3, Sch. 8)
Commencement Information
I27Sch. 2 para. 5 in force at 1.4.1998, see reg. 1
6. Any activity in premises occupied by a radiography undertaking in which there is carried on any work with ionising radiations.U.K.
Commencement Information
I28Sch. 2 para. 6 in force at 1.4.1998, see reg. 1
7. Agricultural activities, and any activity at an agricultural show which involves the handling of livestock or the working of agricultural equipment.U.K.
Commencement Information
I29Sch. 2 para. 7 in force at 1.4.1998, see reg. 1
8. Any activity on board a sea-going ship.U.K.
Commencement Information
I30Sch. 2 para. 8 in force at 1.4.1998, see reg. 1
9. Any activity in relation to a ski slope, ski lift, ski tow or cable car.U.K.
Commencement Information
I31Sch. 2 para. 9 in force at 1.4.1998, see reg. 1
10. Fish, maggot and game breeding except in a zoo.U.K.
Commencement Information
I32Sch. 2 para. 10 in force at 1.4.1998, see reg. 1
11. Any activity in relation to a pipeline within the meaning of regulation 3 of the Pipelines Safety Regulations 1996(15).U.K.
Commencement Information
I33Sch. 2 para. 11 in force at 1.4.1998, see reg. 1
[F4612. The operation of—U.K.
(a)a guided bus system; or
(b)any other system of guided transport, other than a railway, that employs vehicles which for some or all of the time when they are in operation travel along roads.]
Textual Amendments
[F4713. The operation of a trolley vehicle system.]U.K.
Textual Amendments
[F4814. Any activity regulated by the Acetylene Safety (England and Wales and Scotland) Regulations 2014.]U.K.
Textual Amendments
Regulation 7
Commencement Information
I34Sch. 3 in force at 1.4.1998, see reg. 1
| (1) | (2) | (3) |
|---|---|---|
| Title | Reference | Extent of revocation |
| The Health and Safety (Enforcing Authority) Regulations 1989 | S.I.1989/1903 | The whole Regulations |
| F49. . . | F49. . . | F49. . . |
| The Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 | S.I.1994/3247 | Regulation 19(7) |
| The Railway Safety (Miscellaneous Provisions) Regulations 1997 | S.I.1997/553 | Regulation 11 |
| F49. . . | F49. . . | F49. . . |
Textual Amendments
(This note is not part of the Regulations)
1. These Regulations re-enact with amendments the Health and Safety (Enforcing Authority) Regulations 1989 (“the 1989 Regulations”) as amended. The 1989 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.U.K.
2. In regulation 2(1)—U.K.
(a)activities at a garden centre or other shop are excluded from the definition of “agricultural activities”;
(b)in the definition of “fairground” the reference to fairground equipment no longer includes a go-kart or bouncy castle.
3. The Regulations re-enact the main provisions of the 1989 Regulations which provided that where the main activity carried on in any premises was specified in Schedule 1 to these Regulations then, subject to specified exceptions, the local authority was the enforcing authority in respect of all activities carried on in those premises (regulation 3(1)). Schedule 1—U.K.
(a)in specifying the sale of goods or storage of goods for retail or wholesale distribution as a main activity does not now specify its being in part of the businesses of a transport undertaking as an exception;
(b)in specifying the practice or presentation of the arts, sports, games, entertainment or other cultural or recreational activities as a main activity, does not now specify its being carried on in a museum, art gallery or theatre as an exception;
(c)now specifies the provision of car parking facilities within the perimeter of an airport, and the provision of child care, or playgroup or nursery facilities as main activities.
4. The Regulations now identify common parts of domestic premises as a case in which the Health and Safety Executive (“the Executive”) is the enforcing authority (regulation 3(1)).U.K.
5. The Regulations introduce a new provision for a vehicle parked in connection with the sale from it of food, drink or other articles. The vehicle together with its pitch are to be regarded as separate premises for the purposes of regulation 3(1) (regulation 3(2)).U.K.
6. The Regulations re-enact provision (as regulation 3(2) and (4)) that, where the Executive is the enforcing authority, subject to exceptions specified in paragraph (5) each part separately occupied is to be regarded as separate premises for the purpose of enforcement allocation; and that the local authority is the enforcing authority subject to exceptions specified in paragraph (4); butU.K.
(a)the exceptions specified in paragraph (4) now include certain common parts in the case of land within the perimeter of an airport; and
(b)the exceptions in paragraph (5) do not now include land within the perimeter of an airport.
7. Regulation 4 is re-enacted save that the provision in the 1989 Regulations which made the Executive the enforcing authority for premises where the main activity is indoor sport if specified conditions are met has not been re-enacted.U.K.
8. The activities set out in Schedule 2 are allocated for enforcement by the Executive even though the main activity carried on in the premises is listed in Schedule 1 (regulation 4(4)(b)). Schedule 2 now includes any activity in relation to a pipeline, and the operation of a railway.U.K.
9. The regulations revoke the 1989 Regulations and amending provisions (regulation 7 and Schedule 3).U.K.
10. A cost benefit assessment prepared in respect of these Regulations is available from the Health and Safety Executive, Local Authority Unit, Rose Court, 2 Southwark Bridge, London SE1 9HS.U.K.
1974 c. 37; sections 15 and 50 were amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraphs 6 and 16 respectively.
S.I. 1988/1655.
S.I. 1988/1057.
S.I. 1994/3247.
S.I. 1994/1886.
S.I. 1995/738.
S.I. 1996/825.