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In force since 2026-07-16, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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Proceedings for an offence under any of the relevant statutory provisions shall not, in England and Wales, be instituted except by an inspector , the Environment Agency or the Natural Resources Body for Wales or by or with the consent of the Director of Public Prosecutions.
Propose a change(1) An inspector, if authorised in that behalf by the enforcing authority which appointed him, may, although not of counsel or a solicitor, prosecute before a magistrates’ court proceedings for an offence under any of the relevant statutory provisions. (2) This section shall not apply to Scotland.
Propose a changeIn any proceedings for an offence under any of the relevant statutory provisions consisting of a failure to comply with a duty or requirement to do something so far as is practicable or so far as is reasonably practicable, or to use the best practicable means to do something, it shall be for the accused to prove (as the case may be) that it was not practicable or not reasonably practicable to do more than was in fact done to satisfy the duty or requirement, or that there was no better practicable means than was in fact used to satisfy the duty or requirement.
Propose a change(1) Where an entry is required by any of the relevant statutory provisions to be made in any register or other record, the entry, if made, shall, as against the person by or on whose behalf it was made, be admissible as evidence or in Scotland sufficient evidence of the facts stated therein. (2) Where an entry which is so required to be so made with respect to the observance of any of the relevant statutory provisions has not been made, that fact shall be admissible as evidence or in Scotland sufficient evidence that that provision has not been observed.
Propose a change(1) Where a person is convicted of an offence under any of the relevant statutory provisions in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him. within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying the said matters. (2) The time fixed by an order under subsection (1) above may be extended or further extended by order of the court on an application made before the end of that time as originally fixed or as extended under this subsection, as the case may be. (3) Where a person is ordered under subsection (1) above to remedy any matters, that person shall not be liable under any of the relevant statutory provisions in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under subsection (2) above. (3A) Subsection (4) applies where a person is convicted of an offence consisting of acquiring or attempting to acquire, possessing or using an explosive article or substance (within the meaning of any of the relevant statutory provisions) in contravention of any of the relevant statutory provisions. (4) Subject to the following subsection, the court by or before which the person is convicted of the offence may order the article or substance in question to be forfeited and either destroyed or dealt with in such other manner as the court may order. (5) The court shall not order anything to be forfeited under the preceding subsection where a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.
Propose a change(1) It shall be the duty of the Secretary of State to pay to the Executive such sums as are approved by the Treasury and as he considers appropriate for the purpose of enabling the Executive to perform its functions; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Regulations may provide for such fees as may be fixed by or determined under the regulations to be payable for or in connection with the performance by or on behalf of any authority to which this subsection applies of any function conferred on that authority by or under any of the relevant statutory provisions. (3) Subsection (2) above applies to the following authorities, namely . . . the Executive, the Secretary of State, . . . , every enforcing authority, and any other person on whom any function is conferred by or under any of the relevant statutory provisions. (4) Regulations under this section may specify the person by whom any fee payable under the regulations is to be paid; but no such fee shall be made payable by a person in any of the following capacities, namely an employee, a person seeking employment, a person training for employment, and a person seeking training for employment. (5) Without prejudice to section 82(3), regulations under this section may fix or provide for the determination of different fees in relation to different functions, or in relation to the same function in different circumstances. (6) The power to make regulations under this section shall be exercisable by the Secretary of State . . .. (8) In subsection (4) above the references to a person training for employment and a person seeking training for employment shall include respectively a person attending an industrial rehabilitation course provided by virtue of the Employment and TrainingAct 1973 and a person seeking to attend such a course. (9) For the purposes of this section the performance by an inspector of his functions shall be treated as the performance by the enforcing authority which appointed him of functions conferred on that authority by or under any of the relevant statutory provisions.
Propose a change(1) The Secretary of State may make regulations requiring persons who provide railway services to pay railway safety levy. (2) Railway safety levy shall be applied only for the purpose of meeting expenses incurred— (a) in respect of activities undertaken by the Office of Rail and Road under or by virtue of this Act or Schedule 3 to the Railways Act 2005; or (b) in respect of activities in relation to a transport system falling within paragraph 1(3) of that Schedule that are undertaken by that Office under or by virtue of any other enactment. (3) The railway safety levy shall not be used to meet— (a) an expense in respect of which a fee is payable under regulations made under section 43, or (b) an expense in respect of a matter specified by the regulations for the purpose of this paragraph. (4) Where an expense is incurred partly in respect of activity within subsection (2)(a) or (b) and partly in respect of other activity, the railway safety levy may be used to meet a part of that expense which is reasonably referable to activity within subsection (2)(a) or (b). (5) Regulations under subsection (1) may, in particular, determine or enable the Office of Rail and Road to determine— (a) the total amount of the railway safety levy to be imposed in respect of a specified period; (b) the persons by whom the levy is to be paid; (c) the criteria for assessing the proportion of the levy to be paid by a particular person (which may, in particular, refer to the size of a person’s income or provide for an amount to be reduced or waived in specified circumstances); (d) the periods in respect of which the levy is to be paid; (e) the manner in which the levy is to be paid; (f) the person to whom the levy is to be paid; (g) when the levy is to be paid. (6) Regulations under subsection (1) may, in particular, enable the Office of Rail and Road— (a) to require a person who provides railway services to supply information for the purposes of the consideration of a matter specified in subsection (5); (b) where information requested is not supplied, to make assumptions; (c) to revise a determination of a matter specified in subsection (5)(whether before, during or after the period to which it relates); (d) to make refunds. (7) Regulations by virtue of subsection (6)(a) may, in particular, make provision— (a) about the manner and timing of the supply of information; (b) about certification of the accuracy of information supplied; (c) creating a criminal offence in connection with the supply of inaccurate or misleading information (but not an offence punishable with imprisonment). (8) Regulations under subsection (1) may enable payment to be enforced by civil proceeding. (9) For the purposes of this section a person provides railway services if he manages or controls, or participates in managing or controlling, a transport system falling within paragraph 1(3) of Schedule 3 to the Railways Act 2005 .
Propose a change(1) Any person who is aggrieved by a decision of an authority having power to issue licences ...under any of the relevant statutory provisions— (a) refusing to issue him a licence, to renew a licence held by him, or to transfer to him a licence held by another; (b) issuing him a licence on or subject to any term, condition or restriction whereby he is aggrieved; (c) varying or refusing to vary any term, condition or restriction on or subject to which a licence is held by him; or (d) revoking a licence held by him, may appeal to the Secretary of State. (2) The Secretary of State may, in such cases as he considers it appropriate to do so, having regard to the nature of the questions which appear to him to arise, direct that an appeal under this section shall be determined on his behalf by a person appointed by him for that purpose. (3) Before the determination of an appeal the Secretary of State shall ask the appellant and the authority against whose decision the appeal is brought whether they wish to appear and be heard on the appeal and— (a) the appeal may be determined without a hearing of the parties if both of them express a wish not to appear and be heard as aforesaid; (b) the Secretary of State shall, if either of the parties expresses a wish to appear and be heard, afford to both of them an opportunity of so doing. (4) The Tribunals and Inquiries Act 1992 shall apply to a hearing held by a person appointed in pursuance of subsection (2) above to determine an appeal as it applies to a statutory inquiry held by the Secretary of State, but as if in section 10(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State included a reference to a decision taken on his behalf by that person. (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) A person who determines an appeal under this section on behalf of the Secretary of State and the Secretary of State, if he determines such an appeal, may give such directions as he considers appropriate to give effect to his determination. (6) The Secretary of State may pay to any person appointed to hear or determine an appeal under this section on his behalf such remuneration and allowances as the Secretary of State may with the approval of the Minister for the Civil Service determine. (7) In this section— (a) “licence” means a licence under any of the relevant statutory provisions ...; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) Where, in the case of a local authority who are an enforcing authority, the Executive is of the opinion that an investigation should be made as to whether that local authority have failed to perform any of their enforcement functions the Executive may make a report to the Secretary of State. (2) The Secretary of State may, after considering a report submitted to him under the preceding subsection, cause a local inquiry to be held; and the provisions of subsections (2) to (5) of section 250 of the Local Government Act 1972 as to local inquiries shall, without prejudice to the generality of subsection (1) of that section, apply to a local inquiry so held as they apply to a local inquiry held in pursuance of that section. (3) If the Secretary of State is satisfied, after having caused a local inquiry to be held into the matter, that a local authority have failed to perform any of their enforcement functions, he may make an order declaring the authority to be in default. (4) An order made by virtue of the preceding subsection which declares an authority to be in default may, for the purpose of remedying the default, direct the authority (hereafter in this section referred to as “the defaulting authority”) to perform such of their enforcement functions as are specified in the order in such manner as may be so specified and may specify the time or times within which those functions are to be performed by the authority. (5) If the defaulting authority fail to comply with any direction contained in such an order the Secretary of State may, instead of enforcing the order by mandamus, make an order transferring to the Executive such of the enforcement functions of the defaulting authority as he thinks fit. (6) Where any enforcement functions of the defaulting authority are transferred in pursuance of the preceding subsection, the amount of any expenses which the Executive certifies were incurred by it in performing those functions shall on demand be paid to it by the defaulting authority. (7) Any expenses which in pursuance of the preceding subsection are required to be paid by the defaulting authority in respect of any enforcement functions transferred in pursuance of this section shall be defrayed by the authority in the like manner, and shall be debited to the like account, as if the enforcement functions had not been transferred and the expenses had been incurred by the authority in performing them. (8) Where the defaulting authority are required to defray any such expenses the authority shall have the like powers for the purpose of raising the money for defraying those expenses as they would have had for the purpose of raising money required for defraying expenses incurred for the purpose of the enforcement functions in question. (9) An order transferring any enforcement functions of the defaulting authority in pursuance of subsection (5) above may provide for the transfer to the Executive of such of the rights, liabilities and obligations of the authority as the Secretary of State considers appropriate; and where such an order is revoked the Secretary of State may, by the revoking order or a subsequent order, make such provision as he considers appropriate with respect to any rights, liabilities and obligations held by the Executive for the purposes of the transferred enforcement functions. (10) The Secretary of State may by order vary or revoke any order previously made by him in pursuance of this section. (11) In this section “enforcement functions”, in relation to a local authority, means the functions of the authority as an enforcing authority. (12) In the application of this section to Scotland— (a) in subsection (2) for the words “subsections (2) to (5) of section 250 of the Local Government Act 1972” there shall be substituted the words “subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973”, except that before 16th May 1975 for the said words there shall be substituted the words “subsections (2) to (9) of section 355 of the Local Government (Scotland) Act 1947”; (b) in subsection (5) the words “instead of enforcing the order by mandamus” shall be omitted.
Propose a change(1) Any notice required or authorised by any of the relevant statutory provisions to be served on or given to an inspector may be served or given by delivering it to him or by leaving it at, or sending it by post to, his office. (2) Any such notice required or authorised to be served on or given to a person other than an inspector may be served or given by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address. (3) Any such notice may— (a) in the case of a body corporate, be served on or given to the secretary or clerk of that body; (b) in the case of a partnership, be served on or given to a partner or a person having the control or management of the partnership business or, in Scotland, the firm. (4) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person on or to whom any such notice is to be served or given shall be his last known address, except that— (a) in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body; (b) in the case of a partnership or a person having the control or the management of the partnership business, it shall be the principal office of the partnership; and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom. (5) If the person to be served with or given any such notice has specified an address within the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept notices of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address. (6) Without prejudice to any other provision of this section, any such notice required or authorised to be served on or given to the owner or occupier of any premises (whether a body corporate or not) may be served or given by sending it by post to him at those premises, or by addressing it by name to the person on or to whom it is to be served or given and delivering it to some responsible person who is or appears to be resident or employed in the premises. (7) If the name or the address of any owner or occupier of premises on or to whom any such notice as aforesaid is to be served or given cannot after reasonable inquiry be ascertained, the notice may be served or given by addressing it to the person on or to whom it is to be served or given by the description of “owner” or “occupier” of the premises (describing them) to which the notice relates, and by delivering it to some responsible person who is or appears to be resident or employed in the premises, or, if there is no such person to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises. (8) The preceding provisions of this section shall apply to the sending or giving of a document as they apply to the giving of a notice.
Propose a change(1) Nothing in this Part shall be construed— (a) as conferring a right of action in any civil proceedings in respect of any failure to comply with any duty imposed by sections 2 to 7 or any contravention of section 8; or (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) as affecting the operation of section 12 of the Nuclear Installations Act 1965 (right to compensation by virtue of certain provisions of that Act). (2) Breach of a duty imposed by a statutory instrument containing (whether alone or with other provision) health and safety regulations shall not be actionable except to the extent that regulations under this section so provide. (2A) Breach of a duty imposed by an existing statutory provision shall not be actionable except to the extent that regulations under this section so provide (including by modifying any of the existing statutory provisions). (2B) Regulations under this section may include provision for— (a) a defence to be available in any action for breach of the duty mentioned in subsection (2) or (2A); (b) any term of an agreement which purports to exclude or restrict any liability for such a breach to be void. (3) No provision made by virtue of section 15(6)(b) shall afford a defence in any civil proceedings ... (4) Subsections (1)(a) , (2) and (2A) above are without prejudice to any right of action which exists apart from the provisions of this Act, and subsection (2B)(a) above is without prejudice to any defence which may be available apart from the provisions of the regulations there mentioned. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) The power to make regulations under this section shall be exercisable by the Secretary of State.
Propose a change(1) Subject to the provisions of this section, the provisions of this Part, except sections 21 to 25 and 33 to 42, and of regulations made under this Part shall bind the Crown. (2) Although they do not bind the Crown, sections 33 to 42 shall apply to persons in the public service of the Crown as they apply to other persons. (3) For the purposes of this Part and regulations made thereunder persons in the service of the Crown shall be treated as employees of the Crown whether or not they would be so treated apart from this subsection. (4) Without prejudice to section 15(5), the Secretary of State may, to the extent that it appears to him requisite or expedient to do so in the interests of the safety of the State or the safe custody of persons lawfully detained, by order exempt the Crown either generally or in particular respects from all or any of the provisions of this Part which would, by virtue of subsection (1) above, bind the Crown. (5) The power to make orders under this section shall be exercisable by statutory instrument, and any such order may be varied or revoked by a subsequent order. (6) Nothing in this section shall authorise proceedings to be brought against Her Majesty in her private capacity, and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in this Act.
Propose a change(1) Regulations made under this subsection may amend— (a) any of the relevant statutory provisions; or (b) any provision of an enactment which relates to any matter relevant to any of the general purposes of this Part but is not among the relevant statutory provisions; or (c) any provision of an instrument made or having effect under any such enactment as is mentioned in the preceding paragraph, by substituting an amount or quantity expressed in metric units for an amount or quantity not so expressed or by substituting an amount or quantity expressed in metric units of a description specified in the regulations for an amount or quantity expressed in metric units of a different description. (2) The amendments shall be such as to preserve the effect of the provisions mentioned except to such extent as in the opinion of the authority making the regulations is necessary to obtain amounts expressed in convenient and suitable terms. (3) Regulations made . . . under this subsection may, in the case of a provision which falls within any of paragraphs (a) to (c) of subsection (1) above and contains words which refer to units other than metric units, repeal those words if the authority making the regulations is of the opinion that those words could be omitted without altering the effect of that provision. (4) The power to make regulations under this section shall be exercisable by the Secretary of State . . ..
Propose a change(1) Where any power to make regulations under any of the relevant statutory provisions is exercisable by the Secretary of State, that power may be exercised either— (a) so as to give effect (with or without modifications) to proposals submitted by the Executive under section 11(3); or (b) subject to subsection (1AA), independently of such proposals. (1AA) The Secretary of State shall not exercise the power referred to in subsection (1) independently of proposals from the Executive unless the Secretary of State has consulted— (a) the Executive, (b) the Office for Nuclear Regulation, and (c) such other bodies as appear to the Secretary of State to be appropriate. (1A) Subsection (1) does not apply to the exercise of a power to make regulations so far as it is exercised— (a) for giving effect (with or without modifications) to proposals submitted by the Office of Rail and Road under paragraph 2(5) of Schedule 3 to the Railways Act 2005; or (b) otherwise for or in connection with the railway safety purposes. (2) Where the authority who is to exercise any such power as is mentioned in subsection (1) above proposes to exercise that power so as to give effect to any such proposals as are there mentioned with modifications, he shall, before making the regulations, consult — . (a) the Executive, and (b) the Office for Nuclear Regulation. (3) Where the Executive proposes to submit under section 11(3) any such proposals as are mentioned in subsection (1) above except proposals for the making of regulations under section 43(2), it shall, before so submitting them, consult— (za) the Office for Nuclear Regulation; (a) any government department or other body that appears to the Executive to be appropriate (and, in particular, in the case of proposals for the making of regulations under section 18(2), any body representing local authorities that so appears...; (b) such government departments and other bodies, if any, as, in relation to any matter dealt with in the proposals, the Executive is required to consult under this subsection by virtue of directions given to it by the Secretary of State. (4) If the Executive has consulted the Office for Nuclear Regulation under subsection (3) in relation to a proposal under section 11(3) for regulations under any of the relevant statutory provisions, it must, when it submits the proposal (with or without modification) to the Secretary of State, also submit— (a) any representations made by the Office for Nuclear Regulation in response to the consultation, and (b) any response to those representations given by the Executive to the Office for Nuclear Regulation. (5) The preceding provisions of this section do not apply to the exercise of the power in section 43 to make ONR fees regulations, but the Secretary of State must consult the Office for Nuclear Regulation before— (a) making ONR fees regulations independently of any proposals submitted by the Office for Nuclear Regulation under section 81(1) of the Energy Act 2013, or (b) making ONR fees regulations which give effect to such proposals but with modifications. (6) In subsection (5) “ ONR fees regulations ” means regulations under section 43 so far as they make provision in relation to fees payable for or in connection with the performance of a function by or on behalf of— (a) the Office for Nuclear Regulation, or (b) any inspector appointed by the Office for Nuclear Regulation. (4), (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a changeNothing in this Part shall apply in relation to a person by reason only that he employs another, or is himself employed, as a domestic servant in a private household.
Propose a change(1) For the purposes of this Part, a person who, otherwise than under a contract of employment, holds the office of constable or an appointment as police cadet shall be treated as an employee of the relevant officer. (2) In this section “ the relevant officer ”— (a) in relation to a member of a police force or a special constable or police cadet appointed for a police area, means—, (i) the chief officer of police of that force, or (ii) in the case of a member of the force or a special constable who is, by virtue of a collaboration agreement under section 22A of the Police Act 1996, under the direction and control of a chief officer (within the meaning given by section 23I of that Act), that chief officer, (b) in relation to a member of a police force seconded to the National Crime Agency to serve as a National Crime Agency officer , means that Agency, and (c) in relation to any other person holding the office of constable or an appointment as police cadet, means— (i) the person who has the direction and control of the body of constables or cadets in question, or (ii) in the case of a constable who is, by virtue of a collaboration agreement under section 22A of the Police Act 1996, under the direction and control of a chief officer (within the meaning given by section 23I of that Act), that chief officer. . (2A) For the purposes of this Part the relevant officer, as defined by subsection (2)(a) or (c) above, shall , if not a corporation sole, be treated as a corporation sole. (2B) Where, in a case in which the relevant officer, as so defined, is guilty of an offence by virtue of this section, it is proved— (a) that the officer-holder personally consented to the commission of the offence, (b) that he personally connived in its commission, or (c) that the commission of the offence was attributable to personal neglect on his part, the office-holder (as well as the corporation sole) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2C) In subsection (2B) above “ the office-holder ”, in relation to the relevant officer, means an individual who, at the time of the consent, connivance or neglect— (a) held the office or other position mentioned in subsection (2) above as the office or position of that officer; or (b) was for the time being responsible for exercising and performing the powers and duties of that office or position. (2D) The provisions mentioned in subsection (2E) below (which impose the same liability for unlawful conduct of constables on persons having their direction or control as would arise if the constables were employees of those persons) do not apply to any liability by virtue of this Part. (2E) Those provisions are— (a) section 24 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) ; (b) section 88(1) of the Police Act 1996; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001; (f) paragraph 2 of Schedule 4 to the Crime and Courts Act 2013; (g) paragraph 20 of Schedule 1 to the Police and Justice Act 2006; (2F) In the application of this section to Scotland— (a) subsection (2A) shall have effect as if for the words “corporation sole” there were substituted distinct juristic person (that is to say, as a juristic person distinct from the individual who for the time being is the office-holder); (b) subsection (2B) shall have effect as if for the words “corporation sole” there were substituted juristic person; and (c) subsection (2C) shall have effect as if for the words “subsection (2B)” there were substituted subsections (2A) and (2B). (3) For the purposes of regulations under section 2(4) above— (a) the Police Federation for England and Wales shall be treated as a recognised trade union recognised by each chief officer of police in England and Wales, (b) the Police Federation for Scotland shall be treated as a recognised trade union recognised by the chief constable of the Police Service of Scotland, and (c) any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996 shall be treated as a recognised trade union recognised by each chief officer of police in England, Wales and Scotland. (4) Regulations under section 2(4) above may provide, in relation to persons falling within subsection (2)(b) or (c) above, that a body specified in the regulations is to be treated as a recognised trade union recognised by such person as may be specified.
Propose a change(1) For the purposes of this Part— (a) “work” means work as an employee or as a self-employed person; (b) an employee is at work throughout the time when he is in the course of his employment, but not otherwise; (bb) a person holding the office of constable is at work throughout the time when he is on duty, but not otherwise; and (c) a self-employed person is at work throughout such time as he devotes to work as a self-employed person; and, subject to the following subsection, the expressions “work” and “at work”, in whatever context, shall be construed accordingly. (2) Regulations made under this subsection may— (a) extend the meaning of “work” and “at work” for the purposes of this Part; and (b) in that connection provide for any of the relevant statutory provisions to have effect subject to such adaptations as may be specified in the regulations. (3) The power to make regulations under subsection (2) above shall be exercisable by the Secretary of State . . ..
Propose a change(1) In this Part, unless the context otherwise requires— ... “article for use at work” means— any plant designed for use or operation (whether exclusively or not) by persons at work, and any article designed for use as a component in any such plant; “article of fairground equipment” means any fairground equipment or any article designed for use as a component in any such equipment; ... ... “code of practice” (without prejudice to section 16(8)) includes a standard, a specification and any other documentary form of practical guidance; ... “conditional sale agreement” means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled; “contract of employment” means a contract of employment or apprenticeship (whether express or implied and, if express, whether oral or in writing); “credit-sale agreement” means an agreement for the sale of goods, under which the purchase price or part of it is payable by instalments, but which is not a conditional sale agreement; “customs officer” means an officer within the meaning of the Customs and Excise Management Act 1979; “domestic premises” means premises occupied as a private dwelling (including any garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling), and “non-domestic premises” shall be construed accordingly; “employee” means an individual who works under a contract of employment or is treated by section 51A as being an employee, and related expressions shall be construed accordingly; “enforcing authority” has the meaning assigned by section 18(7); “the Executive” has the meaning assigned by section 10(1); “ the existing statutory provisions” means the following provisions while and to the extent that they remain in force, namely the provisions of the Acts mentioned in Schedule 1 which are specified in the third column of that Schedule and of the regulations, orders or other instruments of a legislative character made or having effect under any provision so specified; ... “fairground equipment” means any fairground ride, any similar plant which is designed to be in motion for entertainment purposes with members of the public on or inside it or any plant which is designed to be used by members of the public for entertainment purposes either as a slide or for bouncing upon, and in this definition the reference to plant which is designed to be in motion with members of the public on or inside it includes a reference to swings, dodgems and other plant which is designed to be in motion wholly or partly under the control of, or to be put in motion by, a member of the public; “the general purposes of this Part” has the meaning assigned by section 1; “health and safety regulations” has the meaning assigned by section 15(1); “hire-purchase agreement” means an agreement other than a conditional sale agreement, under which— goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired; and the property in the goods will pass to that person if the terms of the agreement are complied with and one or more of the following occurs: the exercise of an option to purchase by that person; the doing of any other specified act by any party to the agreement; the happening of any other event; and “hire-purchase” shall be construed accordingly; “improvement notice” means a notice under section 21; “inspector” means an inspector appointed under section 19; ... “local authority” means— in relation to England ..., a county council, ... a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, in relation to Wales, a county council or a county borough council, in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; “micro-organism” includes any microscopic biological entity which is capable of replication; “nuclear safeguards purposes” has the same meaning as in Part 3 of the Energy Act 2013 (nuclear regulation etc.) (see section 72 of that Act); “nuclear safety purposes” has the same meaning as in that Part of that Act (see section 68 of that Act); “nuclear security purposes” has the same meaning as in that Part of that Act (see section 70 of that Act); “offshore installation” means any installation which is intended for underwater exploitation of mineral resources or exploration with a view to such exploitation; “the ONR's purposes” has the same meaning as in Part 3 of the Energy Act 2013 (see section 67 of that Act); “personal injury” includes any disease and any impairment of a person’s physical or mental condition; “plant” includes any machinery, equipment or appliance; “premises” includes any place and, in particular, includes— any vehicle, vessel, aircraft or hovercraft, any installation on land (including the foreshore and other land intermittently covered by water), any offshore installation, and any other installation (whether floating, or resting on the seabed or the subsoil thereof, or resting on other land covered with water or the subsoil thereof), and any tent or moveable structure; “prescribed” means prescribed by regulations made by the Secretary of State; “prohibition notice” means a notice under section 22; “the radioactive material transport purposes” means the transport purposes within the meaning of Part 3 of the Energy Act 2013 (see section 73 of that Act); ... “railway safety purposes” has the same meaning as in Schedule 3 to the Railways Act 2005; “the relevant statutory provisions” means— the provisions of this Part and of any health and safety regulations ...; and the existing statutory provisions; “self-employed person” means an individual who works for gain or reward otherwise than under a contract of employment, whether or not he himself employs others; “substance” means any natural or artificial substance (including micro-organisms), whether in solid or liquid form or in the form of a gas or vapour; ... “supply”, where the reference is to supplying articles or substances, means supplying them by way of sale, lease, hire or hire-purchase, whether as principal or agent for another. (2)—(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a changeThis Part, in its application to the Isles of Scilly, shall apply as if those Isles were a local government area and the Council of those Isles were a local authority.
Propose a change(1) There shall continue to be an employment medical advisory service, which shall be maintained for the following purposes, that is to say— (a) securing that the Secretary of State, the Health and Safety Executive , . . . and others concerned with the health of employed persons or of persons seeking or training for employment can be kept informed of, and adequately advised on, matters of which they ought respectively to take cognisance concerning the safeguarding and improvement of the health of those persons; (b) giving to employed persons and persons seeking or training for employment information and advice on health in relation to employment and training for employment; (c) other purposes of the Secretary of State’s functions relating to employment. (2) The authority responsible for maintaining the said service shall be the Secretary of State; but if arrangements are made by the Secretary of State for that responsibility to be discharged on his behalf by the Health and Safety Executive or some other body, then, while those arrangements operate, the body so discharging that responsibility (and not the Secretary of State) shall be the authority responsible for maintaining that service. (3) The authority for the time being responsible for maintaining the said service may also for the purposes mentioned in subsection (1) above, and for the purpose of assisting employment medical advisers in the performance of their functions, investigate or assist in, arrange for or make payments in respect of the investigation of problems arising in connection with any such matters as are so mentioned or otherwise in connection with the functions of employment medical advisers, and for the purpose of investigating or assisting in the investigation of such problems may provide and maintain such laboratories and other services as appear to the authority to be requisite. (4) Any arrangements made by the Secretary of State in pursuance of subsection (2) above may be terminated by him at any time, but without prejudice to the making of other arrangements at any time in pursuance of that subsection (including arrangements which are to operate from the time when any previous arrangements so made cease to operate). (5) Without prejudice to section 12, it shall be the duty of the Health and Safety Executive, if so directed by the Secretary of State, to enter into arrangements with him for the Executive to be responsible for maintaining the said service. (6) In subsection (1) above— (a) the reference to persons training for employment shall include persons attending industrial rehabilitation courses provided by virtue of the Employment and Training Act 1973; and (b) the reference to persons (other than the Secretary of State and the the Health and Safety Executive) concerned with the health of employed persons or of persons seeking or training for employment shall be taken to include organisations representing employers, employees and occupational health practitioners respectively.
Propose a change(1) The authority for the time being responsible for maintaining the employment medical advisory service shall for the purpose of discharging that responsibility appoint persons to be employment medical advisers, and may for that purpose appoint such other officers and servants as it may determine, subject however to the requisite approval as to numbers, that is to say— (a) where that authority is the Secretary of State, the approval of the Minister for the Civil Service; (b) otherwise, the approval of the Secretary of State given with the consent of that Minister. (2) A person shall not be qualified to be appointed, or to be, an employment medical adviser unless he is a fully registered medical practitioner who holds a licence to practise. (3) The authority for the time being responsible for maintaining the said service may determine the cases and circumstances in which the employment medical advisers or any of them are to perform the duties or exercise the powers conferred on employment medical advisers by or under this Act or otherwise. (4) Where as a result of arrangements made in pursuance of section 55(2) the authority responsible for maintaining the said service changes, the change shall not invalidate any appointment previously made under subsection (1) above, and any such appointment subsisting when the change occurs shall thereafter have effect as if made by the new authority.
Propose a change(1) The Secretary of State may by regulations provide for such fees as may be fixed by or determined under the regulations to be payable for or in connection with the performance by the authority responsible for maintaining the employment medical advisory service of any function conferred for the purposes of that service on that authority by virtue of this Part or otherwise. (2) For the purposes of this section, the performance by an employment medical adviser of his functions shall be treated as the performance by the authority responsible for maintaining the said service of functions conferred on that authority as mentioned in the preceding subsection. (3) The provisions of subsections (4), (5) and (8) of section 43 shall apply in relation to regulations under this section with the modification that references to subsection (2) of that section shall be read as references to subsection (1) of this section. (4) Where an authority other than the Secretary of State is responsible for maintaining the said service, the Secretary of State shall consult that authority before making any regulations under this section.
Propose a change(1) The authority for the time being responsible for maintaining the employment medical advisory service may pay— (a) to employment medical advisers such salaries or such fees and travelling or other allowances; and (b) to other persons called upon to give advice in connection with the execution of the authority’s functions under this Part such travelling or other allowances or compensation for loss of remunerative time; and (c) to persons attending for medical examinations conducted by, or in accordance with arrangements made by, employment medical advisers (including pathological, physiological and radiological tests and similar investigations so conducted) such travelling or subsistence allowances or such compensation for loss of earnings, as the authority may, with the requisite approval, determine. (2) For the purposes of the preceding subsection the requisite approval is— (a) where the said authority is the Secretary of State, the approval of the Minister for the Civil Service; (b) otherwise, the approval of the Secretary of State given with the consent of that Minister. (3) Where an authority other than the Secretary of State is responsible for maintaining the said service, it shall be the duty of the Secretary of State to pay to that authority such sums as are approved by the Treasury and as he considers appropriate for the purpose of enabling the authority to discharge that responsibility.
Propose a change(1) It shall be the duty of the authority for the time being responsible for maintaining the employment medical advisory service— (a) to keep, in relation to the maintenance of that service, proper accounts and proper records in relation to the accounts; (b) to prepare in respect of each accounting year a statement of accounts relating to the maintenance of that service in such form as the Secretary of State may direct with the approval of the Treasury; and (c) to send copies of the statement to the Secretary of State and the Comptroller and Auditor General before the end of the month of November next following the accounting year to which the statement relates. (2) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of subsection (1) above and shall lay copies of each statement and of his report before each House of Parliament. (3) It shall also be the duty of the authority responsible for maintaining the employment medical advisory service to make to the Secretary of State, as soon as possible after the end of each accounting year, a report on the discharge of its responsibilites in relation to that service during that year; and the Secretary of State shall lay before each House of Parliament a copy of each report made to him in pursuance of this subsection. (4) Where as a result of arrangements made in pursuance of section 55(2) the authority responsible for maintaining the employment medical advisory service changes, the change shall not affect any duty imposed by this section on the body which was responsible for maintaining that service before the change. (5) No duty imposed on the authority for the time being responsible for maintaining the employment medical advisory service by subsection (1) or (3) above shall fall on the Executive(which is subject to corresponding duties under Schedule 2) or on the Secretary of State. (6) In this section “accounting year” means, except so far as the Secretary of State otherwise directs, the period of twelve months ending with 31st March in any year.
Propose a change(1) It shall be the duty of the Secretary of State to secure that NHS England or each integrated care board (in relation to England) and each Local Health Board (in relation to Wales) arranges for a fully registered medical practitioner who holds a licence to practise to furnish, on the application of an employment medical adviser, such particulars of the school medical record of a person who has not attained the age of eighteen and such other information relating to his medical history as the adviser may reasonably require for the efficient performance of his functions; but no particulars or information about any person which may be furnished to an adviser in pursuance of this subsection shall (without the consent of that person) be disclosed by the adviser otherwise than for the efficient performance of his functions. (2) In its application to Scotland the preceding subsection shall have effect with the substitution of the words “every Health Board arrange ...” for the words from “the National” to “arranges”. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) References to the chief employment medical adviser or a deputy chief employment medical adviser in any provision of an enactment or instrument made under an enactment shall be read as references to a person appointed for the purposes of that provision by the authority responsible for maintaining the employment medical advisory service. (5) The following provisions of the Employment Medical Advisory Service Act 1972 (which are superseded by the preceding provisions of this Part or rendered unnecessary by provisions contained in Part I), namely sections 1 and 6 and Schedule 1, shall cease to have effect; but— (a) in so far as anything done under or by virtue of the said section 1 or Schedule 1 could have been done under or by virtue of a corresponding provision of Part I or this Part, it shall not be invalidated by the repeal of that section and Schedule by this Act but shall have effect as if done under or by virtue of that corresponding provision; and (b) any order made under the said section 6 which is in force immediately before the repeal of that section by this Act shall remain in force notwithstanding that repeal, but may be revoked or varied by regulations under section 43(2) or 57, as if it were an instrument containing regulations made under section 43(2) or 57, as the case may require. (6) Where any Act (whether passed before, or in the same Session as, this Act) or any document refers, either expressly or by implication, to or to any enactment contained in any of the provisions of the said Act of 1972 which are mentioned in the preceding subsection, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act. (7) Nothing in subsection (5) or (6) above shall be taken as prejudicing the operation of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to the effect of repeals).
Propose a change(1)—(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5)—(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2)—(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) Section 1 of the Radiological Protection Act 1970 (establishment and functions of the National Radiological Protection Board) shall be amended in accordance with the following provisions of this subsection— (a) after subsection (6) there shall be inserted as subsection (6A)— (6A) In carrying out such of their functions as relate to matters to which functions of the Health and Safety Commission relate, the Board shall (without prejudice to subsection (7) below) act in consultation with the Commission and have regard to the Commission’s policies with respect to such matters. (b) after subsection (7) there shall be inserted as subsections (7A) and (7B)— (7A) Without prejudice to subsection (6) or (7) above, it shall be the duty of the Board, if so directed by the Health Ministers, to enter into an agreement with the Health and Safety Commission for the Board to carry out on behalf of the Commission such of the Commission’s functions relating to ionising or other radiations (including those which are not electo-magnetic) as may be determined by or in accordance with the direction ; and the Board shall have the power to carry out any agreement entered into in pursuance of a direction under this subsection. (7B) The requirement as to consultation in subsection (7) above shall not apply to a direction under subsection (7A). (c) in subsection (8), after the words “subsection (7)” there shall be inserted the words “ or (7A) ”. (2) In section 2(6) of the Radiological Protection Act 1970 (persons by whom, as regards premises occupied by the said Board, sections 1 to 51 of the Offices, Shops and Railway Premises Act 1963 and regulations thereunder are enforceable) for the words from “inspectors appointed” to the end of the subsection there shall be substituted the words “ inpectors appointed by the Health and Safety Executive under section 19 of the Health and Safety at Work etc. Act 1974. ”
Propose a change(1) The Fire Precautions Act 1971 shall be amended in accordance with the following provisions of this section. (2) In section 1(2) (power to designate uses of premises for which fire certificate is compulsory) at the end there shall be inserted as paragraph (f)— (f) use of place of work. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In section 12(1) (power to make regulations about fire precautions as regards certain premises), at the end there shall be added the words “ and nothing in this section shall confer on the Secretary of State power to make provision with respect to the taking or observance of special precautions in connection with the carrying on of any manufacturing process ”. (6) In section 17 (duty of fire authorities to consult other authorities before requiring alterations to buildings)— (a) in subsection (1), the word “and” shall be omitted where last occurring in paragraph (i) and shall be added at the end of paragraph (ii), and after paragraph (ii) there shall be added as paragraph (iii)— (iii) if the premises are used as a place of work and are within the field of responsibility of one or more enforcing authorities within the meaning of Part I of the Health and Safety at Work etc. Act 1974, consult that authority or each of those authorities. ; (b) in subsection (2) (clarification of references in section 9 to persons aggrieved), for the words “or buildings authority” there shall be substituted the words “ buildings authority or other authority ”; (c) after subsection (2) there shall be added as subsection (3)— (3) Section 18(7) of the Health and Safety at Work etc. Act 1974 (meaning in Part I of that Act of “enforcing authority” and of such an authority’s “field of respeonsibility”) shall apply for the purposes of this section as it applies for the purposes of that Part. (7) In section 18 (enforcement of Act)— (a) for the word “it” there shall be substituted the words “ (1) Subject to subsection (2) below, it ”; (b) for the word “section” there shall be substituted the word “ subsection ”; and (c) after the word “offence” there shall be added as subsection (2)— (2) A fire authority shall have power to arrange with the Health and Safety Commission for such of the authority’s functions under this Act as may be specified in the arrangements to be performed on their behalf by the Health and Safety Executive (with or without payment) in relation to any particular premises so specified which are used as a place of work. (8) In section 40 (application to Crown etc.)— (a) in subsection (1)(a) (provisions which apply to premises owned, but not occupied by the Crown), after the word “6” there shall be inserted the words “ , 9A (except subsection (4)) ”; (b) in subsection (1)(b) (provisions which apply to premises owned, but not occupied by the Crown), after the word “8” there shall be inserted the word “ 9A ”; (c) in subsection (10) (application of Act to hospital premises in Scotland), for the words from “Regional” to “hospitals” there shall be substituted the words “ Health Board ”; (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) In section 43(1) (interpretation) there shall be added at the end the following definition— “work” has the same meaning as it has for the purposes of Part I of the Health and Safety at Work etc. Act 1974 (10) Schedule 8 (transitional provisions with respect to fire certificates under the Factories Act 1961 or the Offices, Shops and Railway Premises Act 1963) shall have effect.
Propose a change(1) Regulations made under this subsection may repeal or modify any provision to which this subsection applies if it appears to the authority making the regulations that the repeal or, as the case may be, the modification of that provision is expedient in consequence of or in connection with any provision made by or under Part I. (2) Subsection (1) above applies to any provision, not being among the relevant statutory provisions, which— (a) is contained in this Act or in any other Act passed before or in the same Session as this Act; or (b) is contained in any regulations, order or other instrument of a legislative character which was made under an Act before the passing of this Act; or (c) applies, excludes or for any other purpose refers to any of the relevant statutory provisions and is contained in any Act not falling within paragraph (a) above or in any regulations, order or other instrument of a legislative character which is made under an Act but does not fall within paragraph (b) above. (2A) Subsection (1) above shall apply to provisions in the Employment Rights Act 1996 or the Trade Union and Labour Relations (Consolidation) Act 1992 which derive from provisions of the Employment Protection (Consolidation) Act 1978 which re-enactedprovisions previously contained in the Redundancy Payments Act 1965, the Contracts of Employment Act 1972 or the Trade Union and Labour Relations Act 1974 as it applies to provisions contained in Acts passed before or in the same Session as this Act. (3) Without prejudice to the generality of subsection (1) above, the modifications which may be made by regulations thereunder include modifications relating to the enforcement of provisions to which this section applies (including the appointment of persons for the purpose of such enforcement, and the powers of persons so appointed). (4) The power to make regulations under subsection (1) above shall be exercisable by the Secretary of State . . .; but the authority who is to exercise the power shall, before exercising it, consult such bodies as appear to him to be appropriate. (5) In this section “the relevant statutory provisions” has the same meaning as in Part I..
Propose a changeThere shall be paid out of money provided by Parliament— (a) any expenses incurred by a Minister of the Crown or government department for the purposes of this Act; and (b) any increase attributable to the provisions of this Act in the sums payable under any other Act out of money so provided; and any sums received by a Minister of the Crown or government department by virtue of this Act shall be paid into the Consolidated Fund.
Propose a change(1) In this Act— (a) “Act” includes a provisional order confirmed by an Act; (b) “contravention” includes failure to comply, and “contravene” has a corresponding meaning; (c) “modifications” includes additions, omissions and amendments, and related expressions shall be construed accordingly; (d) any reference to a Part, section or Schedule not otherwise identified is a reference to that Part or section of, or Schedule to, this Act. (2) Except in so far as the context otherwise requires, any references in this Act to an enactment is a reference to it as amended, and includes a reference to it as applied, by or under any other enactment, including this Act. (3) Any power conferred by Part I or II or this Part to make regulations— (a) includes power to make different provision by the regulations for different circumstances or cases and to include in the regulations such incidental, supplemental and transitional provisions as the authority making the regulations considers appropriate in connection with the regulations; and (b) shall be exercisable by statutory instrument, which (unless subsection (3A), (3B) or (4) applies) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3A) In the case of a statutory instrument which also contains regulations under section 74 of the Energy Act 2013 (nuclear regulations), subsection (3) is subject to section 113 of that Act (subordinate legislation). (3B) Regulations under section 3(2) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament. (4) The first regulations under section 43A(1) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
Propose a change(1) This Act, except— (a) Part I and this Part so far as may be necessary to enable regulations under section 15 or 30 to be made and operate for the purpose mentioned in paragraph 2 of Schedule 3; and (b) paragraphs . . . 3 of Schedule 9, does not extend to Northern Ireland. (2) Part III, except section 75 and Schedule 7, does not extend to Scotland. (3) Her Majesty may by Order in Council provide that the provisions of Parts I and II and this Part shall, to such extent and for such purposes as may be specified in the Order, apply (with or without modification) to or in relation to persons, premises, work, articles, substances and other matters (of whatever kind) outside Great Britain as those provisions apply within Great Britain or within a part of Great Britain so specified. For the purposes of this subsection “premises”, “work” and “substance” have the same meanings as they have for the purposes of Part I. (4) An Order in Council under subsection (3) above— (a) may make different provision for different circumstances or cases; (b) may (notwithstanding that this may affect individuals or bodies corporate outside the United Kingdom) provide for any of the provisions mentioned in that subsection, as applied by such an Order, to apply to individuals whether or not they are British subjects and to bodies corporate whether or not they are incorporated under the law of any part of the United Kingdom; (c) may make provision for conferring jurisdiction on any court or class of courts specified in the Order with respect to offences under Part I committed outside Great Britain or with respect to causes of action arising by virtue of section 47(2) in respect of acts or omissions taking place outside Great Britain, and for the determination, in accordance with the law in force in such part of Great Britain as may be specified in the Order, of questions arising out of such acts or omissions; (d) may exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under any provision of Part I committed outside Great Britain; (e) may be varied or revoked by a subsequent Order in Council under this section; and any such Order shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) In relation to proceedings for an offence under Part I committed outside Great Britain by virtue of an Order in Council under subsection (3) above, section 38 shall have effect as if the words “by an inspector, or” were omitted. (6) Any jurisdiction conferred on any court under this section shall be without prejudice to any jurisdiction exercisable apart from this section by that or any other court.
Propose a change