Health and Safety at Work
etc. Act 1974
CHAPTER 37
LONDON
HER MAJESTY’S STATIONERY OFFICE
Reprinted 1989
net
Corrections
Errors appear in the first impression (October 1974) of this Act and
the following corrections have been incorporated into this reprint:
Page 86. Section 80(1), line 5, 4th word for “or” read “of”
Page 86. Section 80(2) (b), line 1, 6th word for “or” read “order”
Health and Safety at Work
etc. Act 1974
CHAPTER 37
ARRANGEMENT OF SECTIONS
PARTI
H&RRN, SAFETY AND WELFARE IN CONNECTION
WITH WORK, AND CONTROL OF DANGEROUS S U B S 1 C E S
AND CERTAIN EMISSIONS INTO THE A M I O S Ø
Preliminary
Section
1. Preliminary.
General duties
2. General duties of employers to their employees.
3. General duties of employers and self-employed to persons
other than their employees.
4. General duties of persons concerned with premises to
persons other than their employees.
5. General duty of persons in control of certain premises in
relation to harmful emissions. into atmosphere.
6. Gçneral duties of manufacturers etc. as regards articles
and substances for use at work.
7. General duties of employees at work.
8. Duty not to interfere with or misuse, things provided
pursuant to certain provisions.
9. Duty not to charge employees for things done or provided
pursuant to certain specific requirements.
The Health and Safety Commission and
the Health and Safety Executive
10. Establishment of the Commission and the Executive.
11. General functions of the Commission and the Executive.
12. Control of the Commission by the Secretary of State.
13. Other powers of the Commission.
14. Power of the Commission to direct investigations and
inquiries.
Health and safety regulations and approved codes
of practice
15. Health and safety regulations.
16. Approval of codes of practice by the Commission.
17. Use of approved codes of practice in criminal proceedings.
A
c. 37 Health and Safety at Work etc. Act 1974
Enforcement
Section
18. Authorities responsible for enforcement of the relevant
statutory provisions.
19. Appointment of inspectors.
20. Powers of inspectors.
21. Improvement notices.
22. Prohibition notices.
23. Provisions supplementary to ss. 21 and 22.
24. Appeal against improvement or prohibition notice.
25. Power to deal with cause of imminent danger.
26. Power of enforcing authorities to indemnify their inspectors.
Obtaining and disclosure of information
27. Obtaining of information by the Commission, the Executive,
enforcing authorities etc.
28. Restrictions on disclosure of information.
Special provisions relating to agriculture
29. General functions of Ministers responsible for agriculture
in relation to the relevant agricultural purposes.
30. Agricultural health and safety regulations.
31. Enforcement of the relevant statutory provisions in connection with agriculture.
32. Application of provisions of this Part in connection with
agriculture.
Provisions as to offences
33. Offences.
34. Extension of time for bringing summary proceedings.
35. Venue.
36. Offences due to fault of other person.
37. Offences by bodies corporate.
38. Restriction on institution of proceedings in England and
Wales.
39. Prosecutions by inspectors.
40. Onus of proving limits of what is practicable etc.
41. Evidence.
42. Power of court to order cause of offence to be remedied or
in certain cases, forfeiture.
Financial provisions
43. Financial provisions.
Health and Safety at Work etc. Act 1974 c. 37 iii
Miscellaneous and supplementary
Section
44. Appeals in connection with licensing provisions in the
relevant statutory provisions.
45. Default powers.
46. Service of notices.
47. Civil liability.
48. Application to Crown.
49. Adaptation of enactments to metric units or appropriate
metric units.
50.. Regulations under relevant statutory provisions.
51. Exclusion of application to domestic employment.
52. Meaning of work and at work.
53. General interpretation of Part 1.
54. Application of Part 1 to Isles of Scilly.
PART II
THE EMPLOYMENT MEDICAL ADVISORY SERVICE
55. Functions of, and responsibility for maintaining, employment medical advisory service.
56. Functions of authority responsible for maintaining the
service.
57. Fees.
58. Other financial provisions.
59. Duty of responsible authority to keep accounts and to
report.
60. Supplementary.
PART III
BUILDING REGULATIONS AND AMENDMENT OF
BUILDING (SCOTLAND) ACT 1959
61. Amendments of enactments relating to building regulations.
62. Further matters for which building regulations may provide.
63. Miscellaneous provisions as to the approval of plans.
64. Special provisions as to materials etc. unsuitable for
permanent buildings.
65. Continuing requirements.
66. Type relaxation of building regulations.
67. Power of Secretary of State to approve types of building etc.
68. Power to require or carry out tests for conformity with
building regulations.
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iv c. 37 Health and Safety at Work etc. Act 1974
Section
69. Provisions relating to appeals etc. to the Secretary of State
under certain provisions.
70. Power to make building regulations for Inner London.
71. Civil liability.
72. Application to Crown.
73. Application to United Kingdom Atomic Energy Authority.
74. Meaning of ” building” etc. in connection with, and
construction of references to, building regulations.
75. Amendment of Building (Scotland) Act 1959.
76. Construction and interpretation of Part LII and other provisions relating to building regulations.
PART IV
MISCELLANEOUS AND GENERAL
77. Amendment of Radiological Protection Act 1970.
78. Amendment of Fire Precautions Act 197L
79. Amendment of Companies Acts as to directors’ reports.
80. General power to repeal or modify Acts and instruments.
81. Expenses and receipts.
82. General provisions as to interpretation and regulations.
83. Minor and consequential amendments, and repeals.
84. Extent, and application of Act.
85. Short title and commencement.
SCHEDULES:
Schedule 1—Existing enactments which are relevant
statutory provisions.
Schedule 2—Additional provisions relating to constitution etc. of the Commission and
Executive.
Schedule 3—Subject-matter of health and safety
regulations.
Schedule 4—Modifications of Part I in connection with
agriculture.
Schedule 5—Subject-matter of building regulations.
Schedule 6—Amendments of enactments relating to
building regulations.
Schedule 7—Amendments of Building (Scotland) Act
1959.
Schedule 8—Transitional provisions with respect to fire
certificates under Factories Act 1961 or
Offices, Shops and Railway Premises Act
1963.
Schedule 9—Minor and consequential amendments.
Schedule 10—Repeals.
c.37
ELIZABETH II
Health and Safety at Work
etc. Act 1974
1974 CHAPTER 37
An Act to make further provision for securing the health,
safety and welfare of persons at work, for protecting
others against risks to health or safety in connection
with the activities of persons at work, for controlling the
keeping and use and preventing the unlawful acquisition,
possession and use of dangerous substances, and for
controlling certain emissions into the atmosphere; to
make further provision with respect to the employment
medical advisory service; to amend the law relating to
building regulations, and the Building (Scotland) Act
1959; and for connected purposes. [31st July 1974]
BEwith the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament IT ENACTED by the Queen’s most Excellent Majesty, by and
assembled, and by the authority of the same, as follows:—
PART I
HEALTH, SAFETY AND WELFARE IN CONNECTION WITH WORK,
AND CONTROL OF DANGEROUS SUBSTANCES AND CERTAIN
EMIssioNs INTO THE ATMOSPHERE
Preliminary
1.—(l) The provisions of this Part shall have effect with a Peiijy.
view to—
(a) securing the health, safety and welfare of persons at
work;
(b) protecting persons other than persons at work against
risks to health or safety arising out of or in connection with the activities of persons at work;
A3
2 c. 37 Health and Safety at Work etc. Act 1974
PART I (c) controlling the keeping and use of explosive or highly
flammable or otherwise dangerous substances, and
generally preventing the unlawful acquisition, possession and use of such substances ; and
(d) controlling the emission into the atmosphere of noxious
or offensive substances from premises of any class
prescribed for the purposes of this paragraph.
(2) The.provisions of this Part relating to the making of health
and safety regulations and agricultural health and safety regulations and the preparation and approval of codes of practice
shall in particular have effect with a view to enabling the enactments specified in the third column of Schedule 1 and the regulations, orders and other instruments in force under those enactments to be progressively replaced by a system of regulations
and approved codes of practice operating in combination with
the other provisions of this Part and designed to maintain or
improve the standards of health, safety and welfare established
by or under those enactments.
(3) For the purposes of this Part risks arising out of or in
connection with the activities of persons at work shall be
treated as including risks attributable to the manner of
conducting an undertaking, the plant or substances used for
the purposes of an undertaking and the condition of premises
so used or any part of them.
(4) References in this Part to the general purposes of this
Part are references to the purposes mentioned in subsection (1)
above.
General duties
General duties 2.—( 1) It shall be the duty of every employer to ensure, so
of employers far as is reasonably practicable, the health, safety and welfare
at work of all his employees.
(2) Without prejudice to the generality of an employer’s duty
under the preceding subsection, the matters to which that duty
extends include in particular—
(a) the provision and maintenance of plant and systems
of work that are, so far as is reasonably practicable,
safe and without risks to health;
(b) arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport
of articles and substances;
(c) the provision of such information, instruction, training
and supervision as is necessary to ensure, so far as is
reasonably practicable, the health and safety at work
of his employees;

Health and Safety at Work etc. Act 1974	c. 37	3
(d) so far as is reasonably practicable as regards any place of work under the employer’s control, the maintenance	PARTI

of it in a condition that is safe and without risks to
health and the provision and maintenance of means
of access to and egress from it that are safe and without such risks;
(e) the provision and maintenance of a working environment for his employees that is, so far as is reasonably
practicable, safe, without risks to health, and adequate
as regards facilities and arrangements for their welfare
at work.
(3) Except in such cases as may be prescribed, it shall be the
duty of every employer to prepare and as often as may be
appropriate revise a written statement of his general policy with
respect to the health and safety at work of his employees and
the organisation and arrangements for the time being in force
for carrying out that policy, and to bring the statement and any
revision of it to the notice of all of his employees.
(4) Regulations made by the Secretary of State may provide
for the appointment in prescribed cases by recognised trade
unions (within the meaning of the regulations) of safety representatives from amongst the employees, and those representatives
shall represent the employees in consultations with the employers
under subsection (6) below and shall have such other functions
as may be prescribed.
(5) Regulations made by the Secretary of State may provide
for the election in prescribed cases by employees of safety
representatives from amongst the employees, and those repre.
sentatives shall represent the employees in consultations with the
employers under subsection (6) below and may have such other
functions as may be prescribed.
(6) It shall be the duty of every employer to consult any such
representatives with a view to the making and maintenance of
arrangements which will enable him and his employees to cooperate effectively in promoting and developing measures to
ensure the health and safety at work of the employees, and in
checking the effectiveness of such measures.
(7) In such cases as may be prescribed it shall be the duty of
every employer, if requested to do so by the safety representatives
mentioned in subsections (4) and (5) above, to establish, in
accordance with regulations made by the Secretary of State,
a safety committee having the function of keeping under review
the measures taken to ensure the health and safety at work of his
employees and such other functions as may be prescribed.
A4
4 c. 37 Health and Safety at Work etc. Act 1974

PART i	3.—(l) It shall be the duty of every employer to conduct his
General duties undertaking in such a way as to ensure, so far as is reasonably of employers practicable, that persons not in his employment who and self- may be affected thereby are not thereby exposed to risks to their health other or safety.
than their employees,	(2) It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably

practicable, that he and other persons (not being his employees)
who may be affected thereby are not thereby exposed to risks
to their health or safety.
(3) In such cases as may be prescribed, it shall be the duty
of every employer and every se1f-empoyed person, in the
prescribed circumstances and in the prescribed manner, to
give to persons (not being his employees) who may be affected
by the way in which he conducts his undertaking the prescribed
information about such aspects of the way in which he conducts
his undertaking as might affect their health or safety.

General duties of persons concerned

4.—(l) This section has effect for imposing On persons duties in relation to those who—

 

with premises to persons than employees,

(a) are not their employees ; but (b) use non-domestic premises made available to them as a place of work or as a place where they may use plant or substances provided for their use there,

and applies to premises so made available and other nordomestic premises used in connection with them.
(2) It shall be the duty of each person who has, to any extent,
control of premises to which this section applies or of the means
of access thereto or egress therefrom or of any plant or substance
in such premises to take such measures as it is reasonable for a
person in his position to take to ensure, so far as is reasonably
practicable, that the premises, all means of access thereto or
egress therefrom available for use by persons using the premises,
and any plant Or substance in the premises or, as the case may
be, provided for use there, is or are safe and without risks to
health.
(3) Where a person has, by virtue of any contract or tenancy,
an obligation of any extent in relation to—
(a) the maintenance or repair of any premises to which this
section applies or any means of access thereto or egress
therefrom ; or
(b) the safety of or the absence of risks to health arising
from plant or substances in any such premises;
that person shall be treated, for the purposes of subsection (2)
above, as being a person who has control of the matters to
which his obligation extends.
Health and Safety at Work etc. Ac: 1974 c. 37 5

(4) Any reference in this section to a person having control of any premises or matter is a reference to a person having

PART I

control of the premises or matter in connection with the carrying
on by him of a trade, business or other undertaking (whether
for profit or not).
5.—(l) It shall be the duty of the person having control of any General duy
premises of a class prescribed for the purposes of section 1(1)(d) of persons in
to us the best practicable means for preventing the emission into
the atmosphere from the premises of noxious or offensive premises in
substances and for rendering harmless and inoffensive such relation to
substances as may be so emitted. harmful
emissions into
(2) The reference in subsection (1) above to the means to be atmosphere.
used for the purposes there mentioned includes a reference to the
manner in which the plant provided for those purposes is used
and to the supervision of any operation involving the emission
of the substances to which that subsection applies.
(3) Any substance or a substance of any description prescribed for the purposes of subsection (I) above as noxious or
offensive shall be a noxious or, as the case may be, an offensive
substance for those purposes whether or not it would be so apart
from this subsection.
(4) Any reference in this section to a person having control
of any premises is a reference to a person having control of
the premises in connection with the carrying on by him of a
trade, business or other undertaking (whether for profit or not)
and any duty imposed on any such person by this section shall
extend only to matters within his control.
6.—(l) It shall be the duty of any person who designs, inanu- General

factures, imports or supplies any article for use at work—	fUrCS
(a) to ensure, so far as is reasonably practicable, that the etc. as regards article is so designed and constructed as to be safe and articles and
without risks to health when properly used;	substancesfor

(b) to carry out or arrange for the carrying out of such
testing and examination as may be necessary for the
performance of the duty imposed on him by the
preceding paragraph;
(c) to take such steps as are necessary to secure that there
will be available in connection with the use of the
article at work adequate information about the use
for which it is designed and has been tested, and
about any conditions necessary to ensure that, when
put to that use, it will be safe and without risks to
health.
(2) It shall be the duty of any person who undertakes the
design or manufacture of any article for use at work to carry out
6 c. 37 Health and Safety at Work etc. Act 1974
PART I or arrange for the carrying out of any necessary research with a
view to the discovery and, so far as is reasonably practicable,
the elimination or minimisation of any risks to health or safety
to which the design or article may give rise.
(3) It shall be the duty of any person who erects or installs
any article for use at work in any premises where that article
is to be used by persons at work to ensure, so far as is reasonably
practicable, that nothing about the way in which it is erected or
installed makes it unsafe or a risk to health when properly used.
(4) It shall bt the duty of any person who manufactures,
imports or supplies any substance for use at work—
(a) to ensure, so far as is reasonably practicable, that the
substance is safe and without risks to health when
properly used;
(b) to carry out or arrange for the carrying out of such
testing and examination as may be necessary for the
performance of the duty imposed on him by the preceding paragraph;
(c) to take such steps as are necessary to secure that there
will be available in connection with the use of the
substance at work adequate information about the
results of any relevant tests which have been carried
out on or in connection with the substance and about
any conditions necessary to ensure that it will be
safe and without risks to health when properly used.
(5) It shall be the duty of any person who undertakes the
manufacture of any substance for use at work to carry out or
arrange for the carrying out of any necessary research with a
view to the discovery and, so far as is reasonably practicable,
the elimination or minimisation of any risks to health or safety
to which the substance may give rise.
(6) Nothing in the preceding provisions of this section shall
be taken to require a person to repeat any testing, examination
or research which has been carried out otherwise than by him
or at his instance, in so far as it is reasonable for him to rely
on the results thereof for the purposes of those provisions.
(7) Any duty imposed on any person by any of the preceding
provisions of this section shall extend only to things done in
the course of a trade, business or other undertaking carried on
by him (whether for profit or not) and to matters within his
control.
(8) Where a person designs, manufactures, imports or supplies
an article for or to another on the basis of a written undertaking
by that other to take specified steps sufficient to ensure, so far
as is reasonably practicable, that the article will be safe and
Health and Saftty at Work etc. Act 1974 c. 37 7
without risks to health when properly used, the undertaking PART I
shall have the effect of relieving the first-mentioned person
from the duty imposed by subsection (1)(a) above to such
extent as is reasonable having regard to the terms of the undertaking.
(9) Where a person (” the ostensible supplier”) supplies any
article for use at work or substance for use at work to another
(“the customer “) under a hire-purchase agreement, conditional
sale agreement or credit-sale agreement, and the ostensible
supplier—
(a) carries on the business of financing the acquisition of
goods by others by means of such agreements; and
(b) in. the course of that business acquired his interest in
the article or substance supplied to the customer as a
means of financing its acquisition by the customer from
a third person (“the effective supplier “),
the effective supplier and not the ostensible supplier shall be
treated for the purposes of this section as supplying the article
or substance to the customer, and any duty imposed by the
preceding provisions of this section on suppliers shall accordingly
fall on the effective supplier and not on the ostensible supplier.
(10) For the purposes of this section an article or substance
is not to be regarded as properly used where it is used without
regard to any relevant information or advice relating to its use
which has been made available by a person by whom it was
designed, manufactured, imported or supplied.
7. It shall be the duty of every employee while at work— General duties
(a) to take reasonable care for the health and safety of of employees
himself and of other persons who may be affected by at work.
his acts or omissions at work; and
(b) as regards any duty or requirement imposed on his
employer or any other person by or under any of the
relevant statutory provisions, to co-operate with him so
far as is necessary to enable that duty or requirement
to be performed or complied with.
8. No person shall intentionally or recklessly interfere with Duty not to
or misuse anything provided in the interests of health, safety or
or welfare in pursuance of any of the relevant statutory
provisions. proyI,lolli.
9. No employer shall levy or permit to be levied on any Dut not to cb.rgc
employee of his any charge in respect of anything done or
provided in pursuance of any specific requirement of the relevant
statutory provisions.
8 C. 37 Health and Safety at Work e;c. Act 1974

PART I	The Health and Safety Commission and the Health and Safety Executive 1O.—(l) There shall be two bodies corporate to be called the
Establishment

the . Health and Safety Commission and the Heaith and Safety
4JIThThSS1Ofl Executive which shall be constituted in accordance with the
Executive. following provisions of this section.
(2) The Health and Safety Commission (hereafter in this
Act referred to as “the Commission “) shall consist of a chairman appointed by the Secretary of State and not less than six
nor more than nine other members appointed by the Secretary
of State in accordance with subsection (3) below.
(3) Before appointing the members of the Commission (other
than the chairman) the Secretary of State shall—
(a) as to three of them, consult such organisations representing employers as he considers appropriate;
(b) as to three others, consult such organisations representing employees as he considers appropriate; and
(c) as to any other members he may appoint, consult such
organisitions representing local authorities and such
other organisations, including professional bodies, the
activities of whose members are concerned with matters
relating to any of the general purposes of this Part, as
he c3nsiders appropriate.
(4) The Secretary of State may appoint one of the members
to be deputy chairman of the Commission.
(5) The Health and Safety Executive (hereafter in this Act
referred to as “the Executive “) shall consist of three persons.
of whom one shall be appointed by the Commission with the
approval of the Secretary of State to be the director of the
Executive and the others shall be appointed by the Commission
with the like approval after consultation with the said director.
(6) The provisions of Schedule 2 shall have effect with respect
to the Commission and the Executive.
(7) The functions of the Commission and of the Executive,
and of their officers and servants, shall be performed on behalf
of the Crown.

General functions	11.—(l) In addition to the other functions conferred on the Commission by virtue of this Act, but subject to subsection (3) below, it shall be the general duty of the Commission to do such things and make such arrangements as it considers appropriate for the general purposes of this Part except as regards matters relating exclusively to agricultural operations.
Executive.

Health and Safety at J’o:k etc. Act 1974 c. 37 9
(2) It shall be the duty of the Commission, except as PART I
aforesaid—
(a) to assist and encourage persons concerned with matters
relevant to any of the general purposes of this Part to
further those purposes;
(b) to make such arrangements as it considers appropriate
for the carrying out of research, the publication of the
results of research and the provision of training and
information in connection with those purposes, and to
encourage research and the provision of training and
information in that connection by others;
(c) to make such arrangements as it considers appropriate
for securing that government departments, employers,
employees, organisations representing employers and
employees respectively, and other persons concerned
with matters relevant to any of those purposes are
provided with an information and advisory service
and are kept informed of, and adequately advised on,
such matters;
(d) to submit from time to time to the authority having
power to make regulations under any of the relevant
statutory provisions such proposals as the Commission considers appropriate for the making of
regulations under that power.
(3) It shall be the duty of the Commission—
(a) to submit to the Secretary of State from time to time
particulars of what it proposes to do for the purpose
of performing its functions; and
(b) subject to the following paragraph, to ensure that its
activities are in accordance with proposals approved
by the Secretary of State; and
(c) to give effect to any directions given to it by the
Secretary of State.
(4) In addition to any other functions conferred on the Executive by virtue of this Part, it shall be the duty of the Executive—-
(a) to exercise on behalf of the Commission such of the
Commission’s functions as the Commission directs it
to exercise; and
(b) to give effect to any directions given to it by the Commission otherwise than in pursuance of paragraph (a)
above;
but, except for the purpose of giving effect to directions given
to the Commission by the Secretary of State, the Commission
shall not give to the Executive any directions as to the enforcement of any of the relevant statutory provisions in a particular
case.

10	c. 37	Health and Safety at Work etc. Act 1974
PART I	(5) Without prejudice to subsection (2) above, it shall be the duty of the Executive, if so requested by a Minister of the

Crown—
(a) to provide him with information about the activities of
the Executive in connection with any matter with which
he is concerned; and
(b) to provide him with advice on any matter with which
he is concerned on which relevant expert advice is
obtainable from any of the officers or servants of the
Executive but which is not relevant to any of the
general purposes of this Part.
(6) The Commission and the Executive shall, subject to any
directions given to it in pursuance of this Part, have power to
do anything (except borrow money) which is calculated to
facilitate, or is conducive or incidental to, the performance of
any function of the Commission or, as the case may be, the
Executive (including a function conferred on it by virtue of this
subsection).

Control o’ the Commission

12. The Secretary of State may (a) approve with or without modifications, any proposals submitted to him in pursuance of section 11(3)(a);

(b) give to the Commission at any time such directions
of State. as he thinks fit with respect to its functions (including
directions modifying its functions, but not directions
conferring on it functions other than any of which it
was deprived by previous directions given by virtue of
this paragraph), and any directions which it appears
to him requisite or expedient to give in the interests of
the safety of the State.

Other powers of the• Commission.

13.—(l) The Commission shall have power— (a) to make agreements with any government department or other person for that department or person to per

form on behalf of the Commission or the Executive
(with or without payment) any of the functions of the
Commission or, as the case may be, of the Executive;
(b) subject to subsection (2) below, to make agreements
with any Minister of the Crown, government depart.
ment or other public authority for the Commission to
perform on behalf of that Minister, department or
authority (with or without payment) functions exercisable by the Minister, department or authority (including, in the case of a Minister, functions not conferred by
an enactment), being functions which in the opinion
of the Secretary of State can appropriately be performed by the Commission in connection with any of
the Commission’s functions;
Health and Safety at Work etc. Act 1974 c. 37 11
(c) to provide (with or without payment) services or facilities PART I
required otherwise than for the general purposes of
this Part in so far as they are required by any government department or other public authority in connection with the exercise by that department or authority
of any of its functions;
(d) to appoint persons or committees of persons to provide
the Commission with advice in connection with any of
its functions and (without prejudice to the generality
of the following paragraph) to pay to persons so
appointed such remuneration as the Secretary of State
may with the approval of the Minister for the Civil
Service determine;
(e) in connection with any of the functions of the Commission, to pay to any person such travelling and subsistence allowances and such compensation for loss of
remunerative time as the Secretary of State may with
the approval of the Minister for the Civil Service
determine;
(/) to carry out or arrange for or make payments in respect
of research into any matter connected with any of the
Commission’s functions, and to disseminate or arrange
for or make payments in respect of the dissemination
of information derived from such research;
(g) to include, in any arrangements made by the Commission for the provision of facilities or services by it or on
its behalf, provision for the making of payments to the
Commission or any person acting on its behalf by
other parties to the arrangements and by persons who
use those facilities or services.
(2) Nothing in subsection (l)(b) shall authorise the Commission to perform any function of a Minister, department or
authority which consists of a power to make regulations or
other instruments of a legislative character.
14.—(l) This section applies to the following matters, that is Power
to say any accident, occurrence, situation or other matter what- 0 the
soever which the Commission thinks it necessary or expodient Coinission
to investigate for any of the general purposes of this Part or investigations
with a view to the making of regulations for those purposes ; and
and for the purposes of this subsection it is immaterial whether inquiries.
the Executive is or is not responsible for securing the enforcement of such (if any) of the relevant statutory provisions as
relate to the matter in question.
(2) The Commission may at anytime—
(a) direct the Executive or authorise any other person to
investigate and make a special report on any matter to
which this section applies ; or
12 C. 37 Health and Safety at Work etc. Act 1974
PARTI (b) with the consent of the Secretary of State direct an
inquiry to be held into any such matter;
but shall not do so in any particular case that appears to the
Commission to involve only matters relating exclusively to
agricultural operation.
(3) Any inquiry held by virtue of subsection (2)(b) above shall
be held in accordance with regulations made for the purposes
of this subsection by the Secretary of State, and shall be held
in public except where or to the extent that the regulations
provide otherwise.
• (4) Regulations made for the purposes of subsection (3) above
may in particular include provision—
(a) conferring on the person holding any such inquiry, and
any person assisting him in the inquiry, powers of entry
and inspection;
(b) conferring on any such person powers of summoning
witnesses to give evidence or produce documents and
power to take evidence on oath and administer oaths
or require the making of declarations;
(c) requiring any such inquiry to be held otherwise than in
public where or to the extent that a Minister of the
Crown so directs.
(5) In the case of a special report made by virtue of subsection
(2)(a) above or a report made by the person holding an inquiry
held by virtue of subsection (2)(b) above, the Commission may
cause the report, or so much of it as the Commission thinks fit,
to be made public at such time and in such manner as the
Commission thinks fit.
(6) The Commission—
(a) in the case of an investigation and special report made
by virtue of subsection (2)(a) above (otherwise than
by an officer or servant of the Executive), may pay to
the person making it such remuneration and expenses
as the Secretary of State may, with the approval of
the Minister for the Civil Service, determine;
(b) in the case of an inquiry held by virtue of subsection
(2)(b) above, may pay to the person holding it and to
any assessor appointed to assist him such remuneration
and expenses, and to persons attending the inquiry as
witnesses such expenses, as the Secretary of State may,
with the like approval, determine; and
(c) may. to such extent as the Secretary of State may determine, defray the other costs, if any, of any such
investigation and special report or inquiry.
Health and Safely at Work etc. Act 1974 c. 37 13
(7) Where an inquiry is directed to be held by virtue of PART I
subsection (2)(b) above into any matter to which this section
applies arising in Scotland, being a matter which causes the
death of any person, no inquiry with regard to that death shall,
unless the Lord Advocate otherwise directs, be held in pursuance of the Fatal Accidents Inquiry (Scotland) Act 1895. 1895 c. 36.
Health and safety regulations and approved codes of practice
15.—(1) Subject to the provisions of section 50, the Secretary Health and
of State shall have power to make regulations under this section safety
(in this part referred to as “health and safety regulations “) forregu a IOfl.
any of the general purposes of this Part except as regards
matters relating exclusively to agricultural operations.
(2) Without prejudice to the generality of the preceding subsection, health and safety regulations may for any of the general
purposes of this Part make provision for any of the purposes
mentioned in Schedule 3.
(3) Health and safety regulations—
(a) may repeal or modify any of the existing statutory
provisions;
(b) may exclude or modify in relation to any specified class
of case any of the provisions of sections 2 to 9 or any
of the existing statutory provisions;
(c) may make a specified authority or class of authorities
responsible, to such extent as may be specified, for
the enforcement of any of the relevant statutory
provisions.
(4) Health and safety regulations—
(a) may impose requirements by reference to the approval
of the Commission or any other specified body or
person;
(b) may provide for references in the regulations to any
specified document to operate as references to that
document as revised or re-issued from time to time.
(5) Health and safety regulations—
(a) may provide (either unconditionally or subject to conditions, and with or without limit of time) for
exemptions from any requirement or prohibition
imposed by or under any of the relevant statutory
provisions;
(b) may enable exemptions from any requirement or prohibition imposed by or under any of the relevant
14 c. 37 Health and Safety at Work etc. Act 1974
PART I statutory provisions to be granted (either unconditionally or subject to conditions, and with or without
limit of time) by any specified person or by any
person authorised in that behalf by a specified authority.
(6) Health and safety regulations—
(a) may specify the persons or classes of persons who, in
the event of a contravention of a requirement or prohibition imposed by or under the regulations, are to be
guilty of an offence, whether in addition to or to the
exclusion of other persons or classes of persons;
(b) may provide for any specified defence to be available
in proceedings for any offence under the relevant
statutory provisions either generally or in specified
circumstances;
(c) may exclude proceedings on indictment in relation to
off ences consisting of a contravention of a requirement or prohibition imposed by or under any of the
existing statutory provisions, sections 2 to 9 or health
and safety regulations;
(d) may restrict the punishments which can be imposed
in respect of any such offence as is mentioned in
paragraph (c) above.
(7) Without prejudice to section 35, health and safety regulations may make provision for enabling off ences under any of
the relevant statutory provisions to be treated as having been
committed at any specified place for the purpose of bringing
any such offence within the field of responsibility of any
enforcing authority or conferring jurisdiction on any court to
entertain proceedings for any such offence.
(8) Health and safety regulations may take the form of
regulations applying to particular circumstances only or to a
particular case only (for example, regulations applying to
particular premises only).
(9) If an Order in Council is made under section 84(3) providing that this section shall apply to or in relation to persons,
premises or work outside Great Britain then, notwithstanding
the Order, health and safety regulations shall not apply to or
in relation to aircraft in flight, vessels, hovercraft or offshore
installations outside Great Britain or persons at work outside
Great Britain in connection with submarine cables or submarine
pipelines except in so far as the regulations expressly so provide.
(10) In this section “specified” means specified in health and
safety regulations.
Health and Saftty at Work etc. Act 1974 c. 37 15
16.—(1) For the purpose of providing practical guidance with PART I
respect to the requirements of any provision of sections 2 to 7 or Approval
of health and safety regulations or of any of the existing statutory of codes of
provisions, the Commission may, subject to the following sub- P’
section and except as regards matters relating exclusively to
agricultural operations—
(a) approve and issue such codes of practice (whether prepared by it or not) as in its opinion are suitable for that
purpose;
(b) approve such codes of practice issued or proposed to be
issued otherwise than by the Commission as in its
opinion are suitable for that purpose.
(2) The Commission shall not approve a code of practice
under subsection (I) above without the consent of the Secretary
of State, and shall, before seeking his consent, consult—
(a) any government department or other body that appears
to the Commission to be appropriate (and, in particular, in the case of a code relating to electromagnetic radiations, the National Radiological
Protection Board) ; and
(b) such government departments and other bodies, if any,
as in relation to any matter dealt with in the code, the
Commission is required to consult under this section
by virtue of directions given to it by the Secretary of
State.
(3) Where a code of practice is approved by the Commission
under subsection (1) above, the Commission shall issue a notice
in writing—
(a) identifying the code in question and stating the date on
which its approval by the Commission is to take effect;
and
(b) specifying for which of the provisions mentioned in
subsection (1) above the code is approved.
(4) The Commission may—
(a) from time to time revise the whole or any part of any
code of practice prepared by it in pursuance of this
section;
(b) approve any revision or proposed revision of the whole
or any part of any code of practice for the time being
approved under this section;
and the provisions of subsections (2) and (3) above shall, with
the necessary modifications, apply in relation to the approval
of any revision under this subsection as they apply in relation
to the approval of a code of practice under subsection (1) above.
16 c. 37 Healih and Safety at Work etc. Act 1974
PART 1 (5) The Commission may at any time with the consent of the
Secretary of State withdraw its approval from any code of practice approved under this section, but before seeking his consent
shall consult the same government departments and other
bodies as it would be required to consult under subsection (2)
above if it were proposing to approve the code.
(6) Where under the preceding subsection the Commission
withdraws its approval from a code of practice approved under
this section, the Commission shall issue a notice in writing
identifying the code in question and stating the date on which
its approval of it is to cease to have effect.
(7) References in this Part to an approved code of practice are
references to that code as it has effect for the time being by
virtue of any revision of the whole or any part of it approved
under this section.
(8) The power of the Commission under subsection (1)(b)
above to approve a code of practice issued or proposed to be
issued otherwise than by the Commission shall include power to
approve a part of such a code of practice; and accordingly in
this Part “code of practice” may be read as including a part
of such a code of practice.

Ue of approved codes of rirnina1

17.—(1) A failure on the part of any person to observe any provision of an approved code of practice shall not of itself render him liable to any civil or criminal proceedings: but where in any criminal proceedings a party is alleged to have committed

proceedings. an offence by reason of a contravention of any requirement
or prohibition imposed by or under any such provision as is
mentioned in section 16(1) being a provision for which there
was an approved code of practice at the time of the alleged
contravention, the following subsection shall have effect with
respect to that code in relation to those proceedings.
(2) Any provision of the code of practice which appears to
the court to be relevant to the requirement or prohibition alleged
to have been contravened shall be admissible in evidence in the
proceedings; and if it is proved that there was at any material
time a failure to observe any provision of the code which
appears to the court to be relevant to any matter which. it is
necessary for the prosecution to prove in order to establish a
contravention of that requirement or prohibition, that matter
shall be taken as proved unless the court is satisfied that the
requirement or prohibition was in respect of that matter
complied with otherwise than by way of observance of that
provision of the code.
(3) In any criminal proceedings—
(a) a document purporting to be a notice issued by the
Commission under section 16 shall be taken to be such
a notice unless the contrary is proved ; and
Health and Safety a: Work dc, Act 1974 c. 37 17
(b) a code of practice which appears to the court to be PART I
the subject of such a notice shall be taken to be the
subject of that notice unless the contrary is proved.
Enforcement
18.—(l) It shall be the duty of the Executive to make Authorities
adequate arrangements for the enforcement of the relevant statu- resonsib1e for
tory provisions except to the extent that some other authority
or class of authorities is by any of those provisions or by relevant
regulations under subsection (2) below made responsible for statutory

their enforcement. (2) The Secretary of State may by regulations—.—

provisions.

(a) make local authorities responsible for the enforcement
of the relevant statutory provisions to such extent as
may be prescribed;
(b) make provision for enabling responsibility for enforcing
any of the relevant statutory provisions to be, to such
extent as may be determined under the regulations—
(i) transferred from the Executive to local authorities or from local authorities to the Executive;
or
(ii) assigned to the Executive or to local authorities
for the purpose of removing any uncertainty as to
what are by virtue of this subsection their respective
responsibilities for the enforcement of those
provisions;
and any regulations made in pursuance of paragraph (b) above
shall include provision for securing that any transfer or assignment effected under the regulations is brought to the notice of
persons affected by it.
(3) Any provision made by regula.tions under the preceding
subsection shall have effect subject to any provision made by
health and safety regulations or agricultural health and safety
regulations in pursuance of section 15(3)(c).
(4) It shall be the duty of every local authority—
(a) to make adequate arrangements for the enforcement
within their area of the relevant statutory provisions
to the extent that they are by any of those provisions
or by regulations under subsection (2) above made
responsible for their enforcement; and
(b) to perform the duty imposed on them by the preceding
paragraph and any other functions conferred on them
by any of the relevant statutory provisions in accordance with such guidance as the Commission may give
them.
18 C. 37 Health and Safety at Work etc. Act 1974
PART 1 (5) Where any authority other than the appropriate Agriculture
Minister, the Executive or a local authority is by any of the
relevant statutory provisions or by regulations under subsection
(2) above made responsible for the enforcement of any of those
provisions to any extent, it shall be the duty of that authority—
(a) to make adequate arrangements for the enforcement of
those provisions to that extent; and
(b) to perform the duty imposed on the authority by the
preceding paragraph and any other functions conferred
on the authority by any of the relevant statutory provisions in accordance with such guidance as the
Commission may give to the authority.
(6) Nothing in the provisions of this Act or of any regulations
made thereunder charging any person in Scotland with the enforcement of any of the relevant statutory provisions shall be
construed as authorising that person to institute proceedings for
any offence.
(7) In this Part—
(a) “enforcing authority” means the Executive or any
other authority which is by any of the relevant
statutory provisions or by regulations under subsection (2) above made responsible for the. enforcement of any of those provisions to any extent; and
(b) any reference to an enforcing authority’s field of responsibility is a reference to the field over which that
authority’s responsibility for the enforcement of those
provisions extends for the time being;
but where by virtue of paragraph (a) of section 13(1) the performance of any function of the Commission or the Executive
is delegated to a government department or person, references to
the Commission or the Executive (or to an enforcing authority
where that authority is the Executive) in any provision of this
Part which relates to that function shall, so far as may be
necessary to give effect to any agreement under that paragraph,
be construed as references to that department or person; and
accordingly any reference to the field of responsibility of an
enforcing authority shall be construed as a reference to the field
over which that department or person for the time being performs
such a function.
Appointment 19.—(1) Every enforcing authority may appoint as inspectors
of inspectors. (under whatever title it may from time to time determine) such
persons having suitable qualifications as it Thinks necessary
for carrying into effect the relevant statutory provisions within
its field of responsibility, and ma5r terminate any appointment
made under this section.
Health and Safety at Work etc. Act 1974 c. 37 19

(2) Every appointment of a person as an inspector under this section shall be made by an instrument in writing specifying

PART I

which of the powers conferred on inspectors by the relevant
statutory provisions are to be exercisable by the person
appointed; and an inspector shall in right of his appointment
under this section—.
(a) be entitled to exercise only such of those powers as
are so specified; and
(b) be entitled to exercise the powers so specified only
within the field of responsibility of the authority which
appointed him.
(3) So much of an inspector’s instrument of appointment as
specifies the powers which he is ntit1ed to exercise may be
varied by the enforcing authority which appointed him.
(4) An inspector shall, if so required when exercising or seeking to exercise any power conferred on him by any of the
relevant statutory provisions, produce his instrument of
appointment or a duly authenticated copy thereof.
20.—(1) Subject to the provisions of section 19 and this Fowers of
section, an inspector may, for the purpose of carrying into effect InsPectors.
any of the relevant statutory provisions within the field of
responsibility of the enforcing authority which appointed him,
exercise the powers set out in subsection (2) below.
(2) The powers of an inspector referred to in the preceding
subsection are the following, namely—
(a) at any reasonable time (or, in a situation which in his
opinion is or may be dangerous, at any time) to enter
any premises which he has reason to believe t is
necessary for him to enter for the purpose mentioned
in subsection (1) above;
(b) to take with him a constable if he has reasonable cause
to apprehend any serious obstruction in the execution
of his duty;
(c) without prejudice to the preceding paragraph, on entering any premises by virtue of paragraph (a) above to
take with him—
(i) any other person duly authorised by his (the
inspector’s) enforcing authority; and
(ii) any equipment or materials required for any
purpose for which the power of entry is being
exercised;
(d) to make such examination and investigation as may in
any circumstances be necessary for the purpose mentioned in subsection (1) above:
20 c 37 Health and Safety at Work etc. Act 1974
Putr I (e) as regards any premises which he has power to enter,
to direct that those premises or any part of them, or
anything therein, shall be left undisturbed (whether
generally or in particular respects) for so long as is
reasonably necessary for the purpose of any examination or investigation under paragraph (d) above;
(f) to take such measurements and photographs and make
such recordings as he considers necessary for- the
purpose of any examination or investigation under paragraph (d) above;
(g) to take samples of any articles or substances found in
any premises which he has power to enter. an,d of the
atmosphere in or in the vicinity of any such premises;
(h) in the case of any article or substance found in any
premises which he has power to enter, being an article
or substance which appears to him to have caused
or to be likely to cause danger to health or safety, to
cause it to be dismantled or subjected to any process
or test (but not so as to damage or destroy it unless
this is in the circumstances necessary for the purpose
mentioned in subsection (I) above);
(i) in the case of any such article or substance as is
mentioned in the preceding paragraph, to take
possession of it and detain it for so long as is necessary
for all or any of the following purposes, namely—
(i) to examine it and do to it anything which he
has power to do under that paragraph;
(ii) to ensure that it is not tampered with before
his examination of it is completed;
(iii) to ensure that it is available for use as
evidence in any proceedings for an offence under
any of the relevant statutory provisions or any
proceedings relating to a notice under section 21
or 22;
(j) to require any person whom he has reasonable cause to
believe to be able to give any information relevant to
any examination or investigation under paragraph (d)
above to answer (in the absence of persons other than a
person nominated by him to be present and any
persons whom the inspector may allow to be present)
such questions as the inspector thinks fit to ask and
to sign a declaration of the truth of his answers;
(k) to require the production of. inspect, and take copies
of or of any entry in—
(1) any books or documents which by virtue of
any of the relevant statutory provisions are required
to be kept ; and
Health and Safety at Work etc. Act 1974 c. 37 21
(ii) any other books or documents which it is PART I
necessary for him to see for the purposes of any
examination or investigation under paragraph (d)
above;
(1) to require any person to afford him such facilities and
assistance with respect to any matter or things within
that person’s control or in relation to which that person
has responsibilities as are necessary to enable the
inspector to exercise any of the powers conferred on
him by this section;
(m) any other power which is necessary for the purpose
mentioned in subsection (1) above.
(3) The Secretary of State may by regulations make provision
as to the prbcedure to be followed in connection with the taking
of samples under subsection (2)(g) above (including provision as
to the way in which samples that have been so taken are to be
dealt with).
(4) Where an inspector proposes to exercise the power conferred by subsection (2)(h) above in the case of an article or
substance found in any premises, he shall, if so requested by
a person who at the time is present in and has responsibilities in
relation to those premises, cause anything which is to be done
by virtue of that power to be done in the presence of that person
unless the inspector considers that its being done in that person’s
presence would be prejudicial to th safety of the State.
(5) Before exercising the power conferred by subsection (2)(h)
above in the case of any article or substance, an inspector shall
consult such persons as appear to him appropriate for the
purpose of ascertaining what dangers, if any, there may be in
doing anything which he proposes to do under that power.
(6) Where under the power conferred by subsection (2)(i)
above an inspector takes possession of any article or substance
found in any premises, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous
position, a notice giving particulars of that article or substance
sufficient to identify it and stating that he has taken possession
of it under that power; and before taking possession of any
such substance under that power an inspector shall, if it is practicable for him to do so, take a sample thereof and give to a
responsible person at the premises a portion of the sample
marked in a manner sufficient to identify it.
(7) No answer given by a person in pursuance of a require.
ment imposed under subsection (2)(j) above shall be admissible
in evidence against that person or the husband or wife of that
person in any proceedings.
22 C. 37 Health and Safety at Work etc. Act 1974
PART I (8) Nothing in this section shall be taken to compel the
production by any person of a document of which he would on
grounds of legal professional privilege be entitled to withhold
production on an order for discovery in an action in the High
Court or, as the case may be, on an order for the production
of documents in an action in the Court of Session.

Improvement notices.

21. If an inspector is of the opinion that a person— (a) is contravening one or more of the relevant statutory provisions; or (b) has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated,

•

he may serve on him a notice (in this Part referred to as “an
improvement notice “) stating that he is of that opinion, specifying the provision or provisions as to which he is of that
opinion, giving particulars of the reasons why he is of that
opinion, and requiring that person to remedy the contravention
or, as the case may be, the matters occasioning it within such
period (ending not earlier than the period within which an
appeal against the notice can be brought under section 24) as
may be specified in the notice.

Prohibition nOtices,

22.—(1) This section applies to any activities which are being or are about to be carried on by or under the control of any person, being activities to or in relation to which any of the

relevant statutory provisions apply or will, if the activities are so
carried on, apply.
(2) If as regards any activities to which this section applies
an inspector is of the opinion that, as carried on or about to be
carried on by or under the control of the person in question,
the activities involve or, as the case may be, will involve a risk
of serious personal injury, the inspector may serve on that person
a notice (in this Part referred to as “a prohibition notice “).
(3) A prohibition notice shall—
(a) state that the inspector is of the said opinion;
(b) specify the matters which in his opinion give or, as the
case may be, will give rise to the said risk;
(c) where in his opinion any of those matters involves or,
as the case may be, will involve a contravention of any
of the relevant statutory provisions, state that he is of
that opinion, specify the provision or provisions as to
which he is of that opinion, and give particulars of the
reasons why he is of that opinion ; and
(d) direct that the activities to which the notice relates shall
not be carried on by or under the control of the person
on whom the notice is served unless the matters
Health and Safety at Work etc, Act 1974 c. 37 23

specified in the notice in pursuance of paragraph (b) above and any associated contraventions of provisions

PART I

so specified in pursuance of paragraph (c) above have
been remedied.
(4) A .direction given in pursuance of subsection (3)(d) above
shall take immediate effect if the inspector is of the opinion,
and states it, that the risk of serious personal injury is or, as
the case may be, will be imminent, and shall have effect at the
end of a period specified in the notice in any other case.
23.—(1) In this section “a notice” means an improvement Provisions
notice or a prohibition notice, supplementary to ss. 21 and
(2) A notice may (but need not) include directions as to the 22.
measures to be taken to remedy any contravention or matter
to which the notice relates; and any such directions—
(a) may be framed to any extent by reference to any
approved code of practice; and
(b) may be framed so as to afford the person on whom the
notice is served a choice between different ways of
remedying the contravention or matter.
(3) Where any of the relevant statutory provisions applies
to a building or any matter connected with a building and an
inspector proposes to serve an improvement notice relating to
a contravention of that provision in connection with that building
or matter, the notice shall not direct any measures to be taken
to remedy the contravention of that provision which are more
onerous than those necessary to secure conformity with the
requirements of any building regulations for the time being in
force to which that building or matter would be required to
conform if the relevant building were being newly erected unless
the provision in question imposes specific requirements more
onerous than the requirements of any such building regulations
to which the building or matter would be required to conform
as aforesaid.
In this subsection “the relevant building “, in the case of a
building, means that building, and, in the case of a matter connected with a building, means the building with which the matter
is connected.
(4) Before an inspector serves in connection with any premises
used or about to be used as a place of work a notice requiring
or likely to lead to the taking of measures affecting the means
of escape in case of fire with which the premises are or ought
to be provided, he shall consult the fire authority.
In this subsection “fire authority” has the meaning assigned
by section 43(1) of the Fire Precautions Act 1971. 1971 c. 40.

24	c. 37	Health and Safety at Work etc. Act 1974
PART i	(5) Where an improvement notice or a prohibition notice which is not to take immediate effect has been served—
(a) the notice may be withdrawn by an inspector at any

time before the end of the period specified therein in
pursuance of section 21 or section 22(4) as the case
may be ; and
(b) the period so specified may be extended or further
extended by an inspector at any time when an appeal
against the notice is not pending.
(6) In the application of this section to Scotland—
(a) in subsection (3) for the words from “with the requirements” to “aforesaid” there shall be substituted the
words—
“(a) to any provisions of the building standards
regulations to which that building or matter would
be required to conform if the relevant building were
being newly erected; or
(b) where the sheriff, on an appeal to him under

1959 C. 24.

section 16 of the Building (Scotland) Act 1959— (i) against an order under section 10 of that Act

requiring the execution of operations
necessary to make the building or matter
conform to the building standards regulations, or
tii) against an order under section 11 of that Act
requiring the building or matter to conform
to a provision of such regulations,
has varied the order, to any provisions of the building standards regulations referred to in paragraph (a)
above as affected by the order as so varied,
unless the relevant statutory provision imposes specific
requirements more onerous than the requirements of
any provisions of building standards regulations as
aforesaid or, as the case may be, than the requirements
of the order as varied by the sheriff.”;
(b) after subsection (5) there shall be inserted the following
subsection—
“(5A) In subsection (3) above ‘building standards
regulations’ has the same meaning as in section 3
of the Building (Scotland) Act 1959.”.

Appeal against	24.—( 1) In this section “a notice” means an improvement notice or a prohibition notice.
P1fl (2) A person on whom a notice is served may within such
noce.	° period from the date of its service as may be prescribed appeal to an industrial tribunal; and on such an appeal the tribunal

Health and Safety at Work etc. Act 1974 c. 37 25

may either cancel or affirm the notice and, if it affirms it, may be so either in its original form or with such modifications

PART I

as the tribunal may in the circumstances think fit.
(3) Where an appeal under this section is brought against a
notice within the period allowed under the preceding subsection,
then—
(a) in the case of an improvement notice, the bringing of
the appeal shall have the effect of suspending the operation of the notice until the appeal is finally disposed
of or, if the appeal is withdrawn, until the withdrawal
of the appeal;
(b) in the case of a prohibition notice, the bringing of the
appeal shall have the like effect if, but only if, on the
application of the appellant the tribunal so directs
(and then only from the giving of the direction).
(4) One or more assessors may be a,pointed for the purposes
of any proceedings brought before an industrial tribunal under
this section.
25.—(1) Where, in the case of any article or substance found Power to deal
by him in any premises which he has power to enter, an w*thcause of
inspector has reasonable cause to believ’ that, in the circumstances in which he finds it, the article or substance is a cause
of imminent danger of serious personal injury, he may seize it
and cause it to be rendered harmless (whether by destruction
or otherwise).
(2) Before there is rendered harmless under this section—
(a) any article that forms part of a batch of similar articles;
or
(b) any substance,
the inspector shall, if it is practicable for him to do so, take a
sample thereof and give to a responsible person at the premises
where the article or substance was found by him a portion of the
sample marked in a manner sufficient to identify it.
(3) As soon as may be after any article or substance has
been seized and rendered harmless under this section, the
inspector shall prepare and sign a written report giving particulars of the circumstances in which the article or substance wa
seized and so dealt with by him, and shall—
(a) give a signed copy of the report to a responsible person
at the premises where the article or substance was
found by him ; and
26 C. 37 Health and Safety at Work etc. Act 1974
PART I (b) unless that person is the owner of the article or substance, also serve a signed copy of the report on the
owner;
and if, where paragraph (b) above applies, the inspector cannot
after reasonable enquiry ascertain the name or address of the
owner, the copy may be served on him by giving it to the person
to whom a copy was given under the preceding paragraph.

Power of enforcin

26. Where an action has been brought against an inspector in respect of an act done in the execution or purported execution

horts t of any of the relevant statutory provisions and the circumstances

their inspectors,

are such that he is not legally entitled to require the enforcing authority which appointed him to indemnify him, that authority

may, nevertheless, indemnify him against the whole or part of
any damages and costs or expenses which he may have been
ordered to pay or may have incurred, if the authority is satisfied
that he honestly believed that the act complained of was within
his powers and that his duty as an inspector required or entitled
him to do it.
Obtaining and disclosure of information

Obtaining of ifrnation Commission, the Executive, ICS etc.

27.—(l) For the purpose of obtaining— (a) any information which the Commission needs for the discharge of its functions ; or (b) any information which an enforcing authority needs for the discharge of the authority’s functions, the Commission may, with the consent of the Secretary of State, serve on any person a notice requiring that person to

furnish to the Commission or, as the case may be, to the enforcing authority in question such information about such matters
as may be specified in the notice, and to do so in such form and
manner and within such time as may be so specified.
In this subsection “consent” includes a general consent
extending to cases of any stated description.
1947 c. 39. (2) Nothing in section 9 of the Statistics of Trade Act 1947
(which restricts the disclosure of information obtained under
that Act) shall prevent or penalise—
(a) the disclosure by a Minister of the Crown to the Cornmission or the Executive of information obtained under
that Act about any undertaking within the meaning
of that Act, being information consisting of the names
and address of the persons carrying on the undertaking, the nature of the undertaking’s activities,
the numbers of persons of different descriptions who
work in the undertaking, the addresses or places where
Health and Safety at Work etc. Act 1974 c. 37 27
activities of the undertaking are or were carried on. the PART I
nature of the activities carried on there, or the numbers
of persons of different descriptions who work or worked
in the undertaking there; or
(b) the disclosure by the Manpower Services Commission,
the Employment Service Agency or the Training
Services Agency to the Commission or the Executive
of information so obtained which is of a kind specified
in a notice in writing given to the disclosing body
and the recipient of the information by the Secretary
of State under this paragraph.
(3) In the preceding subsection any reference to a Minister
of the Crown, the Commission, the Executive, the Manpower
Services Commission or either of the said Agencies includes
respectively a reference to an officer of his or of that body
and also, in the case of a reference to the Commission, includes
a reference to—
(a) a person performing any functions of the Commission
or the Executive on its behalf by virtue of section
13(l)(a)
(b) an officer of a body which is so performing any such
functions; and
(c) an adviser appointed in pursuance of section 13(1)(d).
(4) A person to whom information is disclosed in pursuance
of subsection (2) above shall not use the information for a
purpose other than a purpose of the Commission or, as the case
may be, of the Executive.
28.—( I) In this and the two following subsections— Restrictions on
(a) “relevant information” means information obtained ”r’°5″ of
by a person under section 27(1) or furnished to any rn ormatlon.
person in pursuance of a requirement imposed by
any of the relevant statutory provisions ; and
(b) “the recipient “, in relation to any relevant information,
means the person by whom that information was so
obtained or to whom that information was so
furnished, as the case may be.
(2) Subject to the following subsection, no relevant informa.
tion shall be disclosed without the consent of the person by
whom it was furnished.
(3) The preceding subsection shall not apply to—
(a) disclosure of information to the Commission, the
Executive, a government department or any enforcing
authority;
28 c. 37 Health and Saftty at Work etc. Act 1974
PART I (b) without prejudice to paragraph (a) above, disclosure
by the recipient of information to any person for the
purpose of any function conferred on the recipient by
or under any of the relevant statutory provisions;
(c) without prejudice to paragraph (a) above, disclosure
by the recipient of information to—
(i) an officer of a local authority who is authorised by that authority to receive it,
(ii) an officer of a water authority or water
development board who is authorised by that
authority or board to receive it,
(iii) an officer of a river purification board who
is authorised by that board to receive it, or
(iv) a constable authorised by a chief officer of
police to receive it;
(d) disclosure by the recipient of information in a form
calculated to prevent it from being identified as relating
to a particular person or case;
(e) disclosure of information for the purposes of any legal
proceedings or any investigation or inquiry held by
virtue of section 14(2), or for the purposes of a report
of any such proceedings or inquiry or of a special
report made by virtue of section 14(2).
(4) In the preceding subsection any reference to the Commission, the Executive, a government department or an
enforcing authority includes respectively a reference to an
officer of that body or authority (including, in the case of
an enforcing authority, any inspector appointed by it), and
also, in the case of a reference to the Commission, includes a
reference to—
(a) a person performing any functions of the Commission
or the Executive on its behalf by virtue of section
13(1)(a)
(b) an officer of a body which is so performing any such
functions; and
(c) an adviser appointed in. pursuance of section 13(l)(d).
(5) A person to whom information is disclosed in pursuance
of subsection (3) above shall not use the information for a
purpose other than—
(q) in a case falling within paragraph (a) of that subsection,
a purpose of the Commission or of the Executive or
of the government department in question, or the
purposes of the enforcing authority in question in
connection with the relevant statutory provisions, as
the case may be;
Health and Safety at Work etc. Act 1974 c. 37 29
(b) in the case of information given to an officer of a local PART I
authority or of a water authority or of a river purificadon board or water development board, the purposes
of the authority or board in connection with the
relevant statutory provisions or any enactment whatsoever relating to public health, public safety or the
protection of the environment;
(c) in the case of information given to a constable, the
purposes of the police in connection with the relevant
statutory provisions or any enactment whatsoever
relating to public health, public safety or the safety
of the State.
(6) In subsections (3)(c) and (5) above, before 16th May 1975,
the references to a water authority in their application to
Scotland shall be construed as references to a regional water
board.
(7) A person shall not disclose any information obtained
by him as a result of the exercise of any power conferred by
section 14(4)(a) or 20 (including, in particular, any information
with respect to any trade secret obtained by him in any premises
entered by him by virtue of any such power) except—
(a) for the purposes of his functions; or
(b) for the purposes of any legal proceedings or any
investigation or inquiry held by virtue of section 14(2)
or for the purposes of a report of any such proceedings
or inquiry or of a special report made by virtue of
section 14(2) ; or
(c) with the relevant consent.
In this subsection “the relevant consent” means, in the
case of information furnished in pursuance of a requirement
imposed under section 20, the consent of the person who furnished it, and, in any other case, the consent of a person
having responsibilities in relation to the premises where the
information was obtained.
(8) Notwithstanding anything in the preceding subsection an
inspector shall, in circumstances in which it is necessary to do
so for the purpose of assisting in keeping persons (or the representatives of persons) employed at any premises adequately
informed about matters affecting their health, safety and welfare,
give to such persons or their representatives the following
descriptions of information, that is to say—
(a) factual information obtained by him as mentioned in
that subsection which relates to those premises or
anything which was or is therein or was or is being
done therein ; and
B

30

c. 37

Health and Safety at Work etc. Act 1974 (b) information with respect to any action which he has taken or proposes to take in or in connection with

PART I

those premises in the performance of his functions;
and, where an inspector does as aforesaid, he shall give the
like information to the employer of the first-mentioned persons.
Special provisions relating to agriculture

General	29.—(1) It shall be the duty of the appropriate Agriculture
functions ot Mi I
Ministers responsible for agriculture IeltIOntO agricultural purposes.	(a) to do such things and make such arrangements as he considers appropriate for the relevant agricultural purposes ; and b) to make such arrangements as he considers appropriate for securing that employers, employees, organisations representing employers and employees respectively, and other persons concerned with matters relevant to

any of those purposes are kept informed of, and adequately advised on, such matters.
(2) The Minister of Agriculture, Fisheries and Food shall
make an annual report to Parliament of his proceedings under
the relevant statutory provisions, and may include that report
in the annual report made to Parliament in pursuance of section
1948 c. 47. 13 of the Agricultural Wages Act 1948.
(3) The Secretary of State concerned with agriculture in
Scotland shall make an annual report to Parliament of his
proceedings under the relevant statutory provisions.
Agricultural 30.—(l) Re2ulations under this section (in this Part referred
lth

and regeurations.

to as “agricultural health and safety regulations “.) may be made for any of the relevant agricultural purposes. (2) Agricultural health and safety regulations may be either regulations applying to Great Britain and made by the Minister

of Agriculture, Fisheries and Food and the Secretary of State
acting jointly, or regulations applying to England and Wales
only and made by the said Minister, or regulations applying to
Scotland only and made by the Secretary of State.
(3) Where health and safety regulations make provision for
any purpose with respect to a matter that relates to (but not
exclusively to) agricultural operations—
(a) provision for that purpose shall not be made with
respect to that matter by agricultural health and safety
regulations so as to have effect while the first-mentioned
provision is in force except for the purpose of imposing
requirements additional to those imposed by health
and safety regulations, being additional requirements
Health and Safety at Work etc. Act 1974 C. 37 31
which in the opinion of the authority making the agri- PART I
cultural health and safety regulations are necessary or
expedient in the special circumstances of agricultural
operations; and
(b) in the event of any inconsistency between the firstmentioned provision and any provision made with
respect to that matter by agricultural health and safety
regulations, the first-mentioned provision shall prevail.
(4) The provision of section 15(2) to (10) and Schedule 3
shal have effect in relation to agricultural health and safety
regulations as they have effect in relation to health and safety
regulations subject to the following modifications, that is to
say—
(a) references to the relevant statutory provisions or the
existing statutory provisions shall be read as references
to such of those provisions as relate to agriculture;
(b) in section 15(4) the references to the Commission shall
be read as references to the appropriate Agriculture
Minister;
(c) in section 15(6) and (10) and paragraph 23 of
Schedule 3, the reference to health and safety regulations shall be read as a reference to agricultural health
and safety regulations.
(5) Without prejudice to the ,generality of subsection (1)
above, agricultural health and safety regulations may, as regards
agricultural licences under any of the relevant statutory provisions, make provision for requiring the authority having power
to issue, renew, vary, transfer or revoke such licences to notify—
(a) any applicant for the issue, renewal, variation or
transfer of such a licence of any proposed decision of
the authority to refuse the application; or
(b) the holder of such a licence of any proposed decision
of the authority to revoke the licence or to vary any
term, condition or restriction on or subject to which
the licence is held;
and for enabling persons aggrieved by any such proposed
decision to make representations to, or to a person appointed
by, the relevant authority within the period and in the manner
prescribed by the regulations.
(6) In relation to any agricultural health and safety regulations made in pursuance of paragraph 2 of Schedule 3 as applied
by this section, subsection (2) above shall have effect as if after
the words “Great Britain” there were inserted the words “or
the United Kingdom “.
B2
32 C. 37 Health and Safety at Work etc. Act 1974

PAaT I	31. Subject to any provision made by regulations under
Enforcement section 15, 18 or 30, it shall be the duty of the appropriate
of the relevant	Agriculture Minister to make adequate arrangements for the enforcement of the relevant statutory provisions in their applica tion to matters relating exclusively to the relevant agricultural purposes.
connection with agriculture. Application
32.—(l) The following provisions of this section shall have
O PVS1OflS effect with a view to the application of certain provisions of this
Part in relation to the Agr culture Ministers or matters relating exclusively to the relevant agricultural purposes. (2) Subject to the following subsection—	with agi iculture.

(a) sections 13, 14. 17(3), 27 and 28 shall apply in relation
to the appropriate Agriculture Minister as they apply
in relation to the Commission;
(b) section 16 shall apply in relation to matters relating
exclusively to the relevant agricultural purposes as it
applies in relation to other matters.
(3) In their application as provided by the preceding subsection, the provisions of this Part which are specified in the
first column of Schedule 4 shall have effect subject to the modications provided for in the second column of that Schedule.
Provisions as to off ences
Offences. 33.—(1) It is an offence for a person—
(a) to fail to discharge a duty to which he is subject by
virtue of sections 2 to 7;
(b) to contravene section 8 or 9;
(c) to contravene any health and safety regulations or
agricultural health and safety regulations or any
requirement or prohibition imposed under any such
regulations (including any requirement or prohibition
to which he is subject by virtue of the terms of or
any condition or restriction attached to any licence.
approval, exemption or other authority issued, given
or granted under the regulations);
(d) to contravene any requirement imposed by or under
regulations under section 14 or intentionally to obstruct
any person in the exercise of his powers under that
section;
(e) to contravene any requirement imposed by an inspector
under section 20 or 25;
Health and Saftty at Work etc. Act 1974 c. 37 33
(1) to prevent or attempt to prevent any other person from PART I
appearing before an inspector or from answering any
question to which an inspector may by virtue of section
20(2) require an answer;
(g) to contravene any requirement or prohibition imposed
by an improvement notice or a prohibition notice
(including any such notice as modified on appeal);
(h) intentionally to obstruct an inspector in the exercise or
performance of his powers or duties;
(s) to contravene any requirement imposed by a notice
under section 27(1);
(J) to use or disclose any information in contravention of
section 27(4) or 28;
(k) to make a statement which he knows to be false or
recklessly to make a statement which is false where the
statement is made—
(i) in purported compliance with a requirement to
furnish any information imposed by or under any
of the relevant statutory provisions; or
(ii) for the purpose of obtaining the issue of a
document under any of the relevant statutory provisions to himself or another person;
(1) intentionally to make a false entry in any register,
bocik. notice or other document required by or under
any of the relevant statutory provisions to be kept,
served or given or, with intent to deceive, to make
use of any such entry which he knows to be false;
(m) with intent to deceive, to forge or use a document issued
or authorised to be issued under any of the relevant
statutory provisions or required for any purpose there.
under or to make or have in his possession a document
so closely resembling any such document as to be
calculated to deceive;
(n) falsely to pretend to be an inspector;
(0) to fail to comply with an order made by a court under
section 42.
(2) A person guilty of an offence under paragraph (d). (J),
(h) or n) of subsection (1) above, or of an offence under paragraph (e) of that subsection consisting of contravening a requirement imposed by an inspector under section 20, shall be liable
on summary conviction to a fine not exceeding
(3) Subject to any provision made by virtue of section
15(6)(d) or by virtue of paragraph 2(2) of Schedule 3, a person
guilty of an offence under any paragraph of subsection (1)
B3

34	c. 37	Health and Safety at Work etc. Act 1974
PARTI	above not mentioned in the preceding subsection, or of an offence under subsection (l)(e) above not falling within the

preceding subsection, or of an offence under any of the existing
statutory provisions being an offence for which no other penalty
is specified, shall be liable—
(a) on summary conviction, to a fine not exceeding
(b) on conviction on indictment—
(i) if the offence is one to which this sub-paragraph applies, to imprisonment for a term not
exceeding. two years, or a fine, or both;
(ii) if the offence is not one to which the preceding sub-paragraph applies, to a fine.
(4) Subsection (3)(b)(i) above applies to the following
offences—
(a) an offence consisting of contravening any of the relevant
statutory provisions by doing otherwise than under the
authority of a licence issued by the Executive or the
appropriate Agriculture Minister something for the
doing of which such a licence is necessary under the
relevant statutory provisions;
(b) an offence consisting of contravening a term of or a
condition or restriction attached to any such licence
as is mentioned in the preceding paragraph;
(c) 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;
(d) an offence under subsection (0(g) above consisting of
contravening a requirement or prohibition imposed
by a prohibition notice;
(e) an offence under subsection (l)(j) above.
(5) Where a person is convicted of an offence under subsection
(l)(g) or (o) above, then, if the contravention in respect of which
he was convicted is continued after the conviction he shall (subject to section 42(3)) be guilty of a further offence and liable in

respect thereof to a fine not exceeding which the contravention is so continued.

for each day on

(6) In this section “forge” has, for England and Wales, the

1913 . 27. Extension of	same meaning as in the Forgery Act 1913. 34.—(l) Where— (a) a special report on any matter to which section 14 of this Act applies is made by virtue of subsection (2)(a) of that section; or
proceedings,

Health and Saftty at Work etc. Act 1974 c. 37 35
(b) a report is made by the person holding an inquiry into PART I
any such matter by virtue of subsection (2)(b) tf that
section; or
(c) a coroner’s inquest is held touching the death of any
person whose death may have been caused by an
accident which happened. while he was at work or
by a disease which he contracted or probably contracted at work or by any accident, act or omission
which occurred in connection with the work of any
person whatsoever; or
(d) a public inquiry into any death that may have been
so caused is held under the Fatal Accidents Inquiry 1895 c. 36.
(Scotland) Act 1895 or the Fatal Accidents and Sudden 1906 c. 35.
Deaths Inquiry (Scotland) Act 1906,
and it appears from the report or, in a case falling within paragraph (c) or (d) above, from the proceedings at the inquest or
inquiry, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subjectmatter of the report, inquest or inquiry, summary proceedings
against any person liable to be proceeded against in respect of
the contravention may be commenced at any time within three
months of the making of the report or, in a case falling within
paragraph (c) or (d) above, within three months of the conclusion of the inquest or inquiry.
(2) Where an offence under any of the relevant statutory provisions is committed by reason of a failure to do something at or
within a time fixed by or under any of those provisions, the
offence shall be deemed to continue until that thing is done.
(3) Summary proceedings for an offence to which this subsection applies may be commenced at any time within six months
from the date on which there comes to the knowledge of a
responsible enforcing authority evidence sufficient in the
opinion of that authority to justify a prosecution for that offence;
and for the purposes of this subsection—
(a) a certificate of an enforcing authority stating that such
evidence came to its knowledge on a specified date
shall be conclusive evidence of that fact; and
(b) a document purporting to be such a certificate and to
be signed by or on behalf of the enforcing authority
in question shall be presumed to be such a certificate
unless the contrary is proved.
(4) The preceding subsection applies to any offence under
any of the relevant statutory provisions whioh a person commits
by virtue of any provision or requirement to which he is subject
as the designer, manufacturer, importer or supplier of anything;
B4
36 c. 37 Health and Saftty at Work etc. Act 1974
PART I and in that subsection “responsible enforcing authority” means
an enforcing authority within whose field of responsibility the
offence in question lies, whether by virtue of section 35 or
otherwise.
(5) In the application of subsection (3) above to Scotland—
(a) for the words from “there comes” to “that offence”
there shall be substituted the words “evidence, sufficient in the opinion of the enforcing authority io justify
a report to the Lord Advocate with a view to consideration of the question of prosecution, comes to the
knowledge of the authority”;
(b) at the end of paragraph (b) there shall be added the
words “and
(c) section 23(2) of the Summary Jurisdiction
1954 c. 48. (Scotland) Act 1954 (date of commencement of proceedings) shall have effect as it has effect for the
purposes of that section.”.
Venue. 35. An offence under any of the relevant statutory provisions
committed in connection with any plant or substance may,
if necessary for the purpose of bringing the offence within
the field of responsibility of any enforcing authority or conferring jurisdiction on any court to entertain proceedings for the
offence, be treated as having been committed at the place Where
that plant or substance is for the time being.

Offences due to fault of

36.—(l) Where the commission by any person of an offence under any of the relevant statutory provisions is due to the act

other person. or default of some other person, that other person shall be guilty
of the offence, and a person may be charged with and convicted
of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.
(2) Where there would be or have been the commission of
an offence under section 33 by the Crown but for the circumstance that that section does not bind the Crown. and that fact
is due to the act or default of a person other than the Crown,
that person shall be guilty of the offence which, but for that
circumstance, the Crown would be committing or would have
committed, and may be charged with and convicted of that
offence accordingly.
(3) The preceding provisions of this section are subject to
any provision made by virtue of section 15(6).

Offences by bodies Corporate.

37.—(l) Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have

Health and Safety at Work etc. Act 1974 c. 37 37
been attributable to any neglect on the part of, any director, PART I
manager, secretary or other similar officer of the body corporate
or a person who was purporting to act in any such capacity, he
as well as the body corporate shall be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its
members, the preceding subsection shall apply in relation to the
acts and defaults of a member in connection with his functions
of management as if he were a director of the body corporate.
38. Proceedings for an offence under any of the relevant !estricion on
statutory provisions shall not, in England and Wales, be mnstituti9n of
instituted except by an inspector or by or with the consent of
the Director of Public Prosecutions. Wales.
39.—(l) An inspector, if authorised in that behalf by the Prosecutions
enforcing authority which appointed him, may, although not of by inspectors.
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.
40. In any proceedings for an offence under any of the Onus of
relevant statutory provisions consisting of a failure to comply proving lunits
with a duty or requirement to do something so far as is ofat
practicable or so far as is reasonably practicable, or to use the tc.
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
practicat)Ie means than was in fact used to satisfy the duty or
requirement.
41.—(l) Where an entry is required by any of the relevant Evidence.
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 ao 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.

38	c. 37	Health and Safety at Work etc. Act 1974
PART I	42.—(1) Where a person is convicted of an offence under any of the relevant statutory provisions in respect of any matters
Power of
court to order which appear to the court to be matters which it is in his power
caff9se of	remedy, the court may, in addition to or instead of imposing
remeJor any punishment, order him, within such time as may be fixed by in certain ‘ the order, to take such steps as may be specified in the order
cases, forfeiture.	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.
(4) Subject to the following subsection, the court by or before
which a person is convicted of an offence such as is mentioned
in section 33(4)(c) in respect of any such explosive article or
substance as is there mentioned 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.
Financial provisions

FinanciaL provisions.

43—(l) It shall be the duty of the Secretary of State to pay to the Commission such sums as are approved by the Treasury

and as he considers appropriate for the purpose of enabling the
Commission to perform its functions; and it shall be the duty
of the Commission to pay to the Executive such sums as the
Commission considers appropria.te 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 Commission, the Executive, the Secretary of State,
Health and Safety a: Work etc. Act 1974 c. 37 39
the Minister of Agriculture. Fisheries and Food, every enforcing PART I
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 capacieies, 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—
(a) as regards functions with respect to matters not relating
exclusively to agricultural operations, by the Secretary
of State;
(b) as regards functions with respect to matters relating
exclusively to the relevant agricultural purposes, by the
appropriate agricultural authority.
(7) Regulations under this section as regards functions falling
within subsection (6)(b) above may be either regulations applying to Great Britain and made by the Minister of Agriculture,
Fisheries and Food and the Secretary of State acting jointly,
or regulations applying to England and Wales only and made by
the said Minister, or regulations applying to Scotland only and
made by the Secretary of State; and in subsection (6)(b) above
“the appropriate agricultural authority” shall be construed
accordingly.
(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 1973 c. 50.
Training Act 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 bun of functions conferred on that authority by or under any of the relevant statutory
provisions.
40 c. 37 Health and Safety at Work etc. Act 1974

PART I Appeals in

Miscellaneous and supplementary 44.—(l) Any person who is aggrieved by a decision of an authority having power to issue licences (other than agricul- •g tural licences and nuclear site licences) under any of the

 

the relevant statutorY pr Visions,

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, con

dition 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
hint ; 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.

1971 c. 62.

(4) The Tribunals and Iitquiries Act 1971 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 12(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.
(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 d the Minister for the Civil Service
determine.

Health and Safety at Work etc. Act 1974 (7) In this section—.

C. 37

41

PARTI

(a) “licence” means a licence under any of the relevant
statutory provisions other than an agricultural licence
or nuclear site licence;
(b) “nuclear site licence” means a licence to use a site for
the purpose of installing or operating a nuolear installation within the meaning of the following subsection.
(8) For the purposes of the preceding subsection “nuclear
installation” means—
(a) a nuclear reactor (other than such a reactor comprised
in a means of transport, whether by land, water or air);
or
(b) any other installation of such class or description as
may be prescribed for the purposes of this paragraph or
section l(l)(b) of the Nuclear Installations Act 1965, 1965 C. 57.
being an installation designed or adapted for—
(i) the production or use of atomic energy; or
(ii) the carrying out of any process which is preparatory or ancillary to the production or use of
atomic energy and which involves or is capable of
causing the emission of ionising radiations; or
(iii) the storage, processing or disposal of nuclear
fuel or of bulk quantities of other radioactive matter,
being matter which has been produced or irradiated
in the course of the production or use of nuclear
fuel;
and in this subsection—
“atomic energy” has the meaning assigned by the Atomic 1946 c. 80.
Energy Act 1946;
“nuclear reactor” means any plant (including any machinery, equipment or appliance, whether affixed to land
or not) designed or adapted for the production of
atomic energy by a fission process in which a controlled chain reaction can be maintained without an
additional source of neutrons.
45.—(1) Where, in the case of a local authority who are an Default
enforcing authority, the Commission 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
Commission 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 1972C. 70.
inquiries shall, without prejudice to the generality of subsection (1) of that section, apply to a local inquiry so held
42 C. 37 Health and Saftty at Work etc. Act 1974
PART I 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 cf 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
Health and Safety at Work etc. Act 1974 c. 37 43

subsequent order, make such provision as he considers appro- priate with respect to any rights, liabilities and obligations held

PART I

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 1972 c. 70.
shall be substituted the words “subsections (2) to (8)
of section 210 of the Local Government (Scotland) Act 1973 C. 65.
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 (Scot- 1947 C.43.
land) Act 1947″;
(b) in subsection (5) the words “instead of enforcing the
order by mandamus” shall be omitted.

46.—(l) Any notice required or authorised by any of the relevant statutory provisions to be served on or given to an

of

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 26 of the
Interpretation Act 1889 (service of documents by post) in its 1889 c. 63.
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;

44

c. 37

Health and Safety at Work etc. Act 1974 (b) in the case of a partnership or a person having the control or the management of the partnership business,

PART I

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
1889 c. 63. 26 of the Interpretation Act 1889 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.

Civil liability.

47e(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) as affecting the extent (if any) to which breach of a
duty imposed by any of the existing statutory provisions
is actionable; or
Health and Safety at Work etc. Act 1974 c. 37 45
(c) as affecting the operation of section 12 of the Nuclear PART I
Installations Act 1965 (right to compensation by virtue 1965 c. 57.
of certain provisions of that Act).
(2) Breach of a duty imposed by health and safety regulations
or agricultural health and safety regulations shall, so far as it
causes damage, be actionable except in so far as the regulations
provide otherwise.
(3) No provision made by virtue of section 15(6)(b) shall
afford a defence in any civil proceedings, whether brought by
virtue of subsection (2) above or not; but as regards any duty
impàsed as mentioned in subsection (2) above health and safety
regulations or, as the case may be, agricultural health and safety
regulations may provide for any defence specified in the regulations to be available in any action for breach of that duty.
(4) Subsections (l)(a) and (2) above are without prejudice
to any right of action which etists apart from the provisions
of this Act, and subsection (3) above is without prejudice to
any defence which may be available apart from the provisions
of the regulations there mentioned.
(5) Any term of an agreement which purports to exclude or
restrict the operation of subsection (2) above, or any liability
arising by virtue of that subsection shall be void, except in so
far as health and safety regulations or, as the case may be,
agricultural health and safety regulations provide otherwise.
(6) In this section “damage” includes the death of, or
injury to, any person (including any disease and any impairment
of a person’s physical or mental condition).
48.—(1) Subject to the provisions of this section, the provi- Application
sions of this Part, except sections 21 to 25 and 33 to 42, and tOCrown.
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.
46 c. 37 Health and Safety at Work etc. Act 1974
PART I (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

1947 C. 44.

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 cantained in this
Act.
enactments to amend— Adaptation of 49.—(l) The appropriate Minister may by regulations
metric units

or appropriate metric units.

(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 quanity 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 appropriate Minister is necessary to obtain
amounts expressed in convenient and suitable terms.
(3) Regulations made by the appropriate Minister under this
subsection may, in the case of a provision which faIls 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 appropriate Minister is of the opinion that those
words could be omitted without altering the effect of that
provision.
(4) In this section the appropriate Minister means—
(a) in relation to any provision not relating exclusively to
agricultural operations the Secretary of State;
(b) in relation to any provision relating exclusively to the
relevant agricultural purposes that applies to Great
Britain or the United Kingdom the Agriculture
Ministers;
Health and Safely al Work dc, Act 1974 c. 37 47

(c) in relation to any provision so relating that applies to England and Wales only, the Minister of Agriculture,

PART i

Fisheries and Food;
(d) in relation to any provision so relating that applies to
Scotland only, the Secretary of State.
5O.—( I) Subject to subsection (5) below any power to make Regulations
regulations conferred on the Secretary of State by any of the under the
relevant statutory provisions may be exercised by him either
so as to give effect (with or without modifications) to proposals provisions.
for the making of regulations by him under that power submitted to him by the Commission or independently of any such
proposals, but before making any regulations under any of those
provisions independently of any such proposals the Secretary
of State shall consult the Commission and such other bodies
as appear to him to be appropriate.
(2) Where the Secretary of State proposes to exercise any
such power as is mentioned in the preceding subsection so as
to give effect to any such proposals as are there mentioned
with modifications, he shall, before making the regulations,
consult the Commission.
(3) Where the Commission proposes to submit to the Secretary
of State 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—
(a) any government department or other body that appears
to the Commission 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, and, in the case of
proposals for the making of regulations relating to
electro-magnetic radiations, the National Radiological
Protection Board);
(b) such government departments and other bodies, if any,
as, in relation to any matter dealt with in the proposals,
the Commission is required to consult under this
subsection by virtue of directions given to it by the
Secretary of State.
(4) Where the Minister of Agriculture, Fisheries and Food
and the Secretary of State or either of them propose or proposes
to make any regulations under any of the relevant statutory
provisions, they or he shall before making the regulations consuit the Commission and such other bodies as appear to them
or him to be appropriate.
(5) Subsections (1) to (3) above shall not apply to any power
of the Secretary of State to make regulations which is capable

48	c. 37	Health and Safety at Work etc. Act 1974
PARTI	of being exercised by him for Great Britain jointly with the Minister of Agriculture, Fisheries and Food. 51. Nothing in this Part shall apply in relation to a person by reason only that he employs another, or is himself employed,
Exclusion of
employment, as a domestic servant 12 a pnvate household.
Meaning of wor and at	52.—(l) For the purposes of this Part—
(a) “work” means work as an employee or a 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 ; 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 regulatioas.
(3) The power to make regulations under subsection (2) above
shall be exercisable—
(a) in relation to activities not relating exclusively to agricultural operations, by the Secretary of State;
(b) in relation to activities relating exclusively to the relevant agricultural purposes, by the appropriate agriculture authority.
(4) Regulations under subsection (2) above in relation to
activities falling within subsection (3)(b) above may be either
regulations applying to Great Britain and made by the Minister
of Agriculture, Fisheries and Food and the Secretary of State
acting jointly, or regulations applying to England and Wales
only and made by the said Minister, or regulations applying to
Scotland only and made by the Secretary of State; and in
subsection (3)(b) above “the appropriate agriculture authority”
shall be construed accordingly.
General 53.—(l) In this Part, unless the context otherwise requires—
eation “agriculture “, subject to subsection (3) below, includes
horticulture, fruit growing. seed growing, dairy farming. livestock breeding and keeping (including the
Health and Safety at Work etc. Act 1974 c. 37 49
management of livestock up to the point of slaughter PARTI
or export from Great Britain). forestry, the use of
land as grazing land, meadow land, osier land, market
gardens and nursery grounds, and the preparation of
land for agricultural use, and “agricultural” shall be
construed accordingly;
“the Agriculture Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State
and, in the case of anything falling to be done by the
Agriculture Ministers, means those Ministers acting
jointly;
“agricultural health and safety regulations” has the meaning assigned by section 30(1);
“agricultural licence” means a licence of the Agriculture
Ministers or either of them under any of the relevant
statutory provisions;
“agricultural operation” does not include an agricultural
operation performed otherwise than in the course of
a trade, business or other undertaking (whether carried
on for profit or not) but, subject to subsection (2)
below, includes any operation incidental to agriculture
which is performed in the course of such a trade,
business or undertaking;
“the appropriate Agriculture Minister” means, for the
purpose of the application of any of the relevant
statutory provisions to England and Wales, the Minister
of Agriculture, Fisheries and Food, and, for the purpose of the application of any of those provisions to
Scotland, the Secretary of State;
“article for use at work” means—
(a) any plant designed for use or operation (whether
exclusively or not) by persons at work, and
(b) any article designed for use as a component in
any such plant;
“code of practice” (without prejudice to section 16(8))
includes a standard, a specification and any other
documentary form of practical guidance;
“the Commission” has the meaning assigned by section
10(2);
“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)
50 c. 37 Health and Safety at Work etc. Act 1974
PART I 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;
“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, 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(5);
“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;
“forestry” includes—
(a) the felling of trees and the extraction and primary
conversion of trees within the wood or forest in
which they were grown, and
(b) the use of land for woodlands where that use is
ancillary to the use of land for other agricultural
purposes;
“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—
(a) goods are bailed or (in Scotland) hired in return
for periodical payments by the person to whom
they are bailed or hired; and
Health and Safely at iVork etc. Act 1974 c. 37 51
(b) the property in the goods will pass to that person if PART I
the terms of the agreement are complied with and
one or more of the following occurs
(i) the exercise of an option to purchase by that
person;
(ii) the doing of any other specified act by any
party to the agreement;
(iii) 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;
“livestock” includes any creature kept for the production
of food, wool, skins or fur, or fOr the purpose of its
use in the carrying on of any agricultural activity;
“local authority” means—
(a) in relation to England and Wales, a county council,
the Greater London 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,
(b) in relation to Scotland, a regional, islands or district council except that before 16th May 1975
it means a town council or county council;
“offshore installation” means any installation which is
intended for underwater exploitation of mineral resources or exploration with a view to such exploitation;
“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—
(a) any vehicle, vessel, aircraft or hovercraft,
(b) 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
(c) any tent or movable structure;
“prescribed” means prescribed by regulations made by
the Secretary of State;
52 C. 37 Health and Safety at Work etc. Act 1974
PART I “prohibition notice” means a notice under section 22;
“the relevant agricultural purposes” means the following
purposes, that is to say—
(a) securing the health, safety and welfare at work of
persons engaged in agricultural operations,
(b) protecting persons other than persons so engaged
against risks to health or safety arising out of or in
connection with the activities at work of persons
so engaged;
and the reference in paragraph (b) above to the risks
there mentioned shall be construed in accordance with
section 1(3);
“the relevant statutory provisions” means—
(a) the provisions of this Part and of any health and
safety regulations and agricultural health and
safety regulations; and
(b) 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,
whether in solid or liquid form or in the form of a gas
or vapour;
“substance for use at work” means any substance intended
for use (whether exclusively or not) by persons at work;
“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) In determining in any particular case whether an operation is incidental to agriculture within the meaning of the
definition of “agricultural operation” in the preceding subsection, regard shall be had to the magnitude of the operation
and to the scale on which it is performed as well as to all other
relevant circumstances.
(3) Provision may be made by order for directing that for
the purposes of this Part any activity or operation specified
in the order which would or would not otherwise be agriculture
within the meaning of this Part shall be treated as not being or,
as the case may be, being agriculture for those purposes.
(4) An order under subsection (3) above may be either an
order applying to Great Britain and made by the Minister of
Agriculture. Fisheries and Food and the Secretary of State acting
Health and Safely at Work etc. Act 1974 c. 37 53
jointly, or an order applying to England and Wales only and PART I
made by the said Minister, or an order applying to Scotland only
and made by the Secretary of State.
(5) An order under subsection (3) above may be varied or
revoked by a subsequent order thereunder made by the authority
who made the original order.
(6) The power to make orders under subsection (3) above
shall be exercisable by statutory instrument subject to annulment
in pursuance of a resolution of either House of Parliament.
54. This Part, in its application to the Isles of Scully, shall Application
apply as if those Isles were a local government area and the of Part I to
Council of those Isles were a local authority. IsICS of Scully.
PTII
THE EMPLOYMENT MEDICAL ADVISORY SERVICE
55.—(l) There shall continue to be an employment medical Functions of,
advisory service, which shall be maintained for the following d
purposes, that is to say— responsibility
(a) securing that the Secretary of State, the Health and maintainrng,
Safety Commission, the Manpower Services Commis
sion and others concerned with the health of employed advisory
persons or of persons seeking or training for service.
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
traininj 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 Secretaiy of State for that responsibility to be discharged
on his behalf by the Health and Safety Commission 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.

54	c. 37	Health and Safe!)’ at Work etc. Act 1974
PARTII	(3) The authority for the time being responsible for maintain

ing 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,
investiga4e 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 a.ppear 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
arra.ngements which are to operate from the time when any
previous arrangements so made cease to operate).
(5) Without prejudice to sections 1 l(4)(a) and 12(b), it shall
be the duty of the Health and Safety Commission, if so directed
by the Secretary of State, to enter into arrangements with him
for the Commission 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

1973 c. 50.

Training Act 1973; and (b) the reference to persons (other than the Secretary of

State and the Commissions there mentioned) 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.

Functions of	56.—(l) The authority for the time being responsible for
authority resonsible for the maintaining the employment medical advisory service shall for purpose of discharging that responsibility appoint persons
the servjce	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;
Health and Safety at Work etc. Act 1974 c. 37 55
(b) otherwise, the approval of the Secretary of State given PART U
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.
(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 (I) above, and any such
appointment subsisting when the change occurs shall thereafter
have effect as if made by the new authority.
57.—(l) The Secretary of State may by regulations provide Fees.
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.
58.—(l) The authority for the time being responsible for Other
maintaining the employment medical advisory service may pay— financial
(a) to employment medical advisers such salaries or suchPtOVISIOflS
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

56

c. 37

Health and Safety at Work etc. Act 1974 this Part such travelling or other allowances or compensation for loss of remunerative time; and

PARTII

(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.

Duty of 5Ph0flIe

59.—(1) It shall be the duty of the authority for the time being responsible for maintaining the employment medical

keep accounts advisory service—
and to 1CpOIt. (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 advisoiy service to make
to the Secretary of State, as soon as possible after the end of
Health and Safety at Work etc. Act 1974 c. 37 57
each accounting year, a report on the discharge of its responsibili- PARTII
ties 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 Commission (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.
60.—(l) It shall be the duty of the Secretary of State to secure Supplethat . each Area Health Authority arranges for one of its “‘
officers who is a fully registered medical practitioner 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 one of their” for the words from
“each” to “its “.
(3) The Secretary of State may by order made by statutory
instrument subject to annulment in pursuance of a resolution
of either House of Parliament modify the provisions of section
7(3) and (4) of the Employment and Training Act 1973 (which 1973 C.50.
require a person’s period of continuous employment by a
relevant body or in the civil service of the State to be treated,
for the purposes of sections 1 and 2 of the Contracts ofEmployment Act 1972 and of certain provisions of the Industrial 1972 c. 53.
Relations Act 1971 affecting the right of an employee not to 1971 c. 72.
be unfairly dismissed, as increased by reference to previous
58 c. 37 Health and Safety at Work etc. Act 1974
PART ii periods of continous employment by such a body or in that
service) for the purpose of securing that employment as an
employment medical adviser by an authority other than the
Secretary of State is similarly treated for those purposes.
An order under this subsection may be varied or revoked by
a subsequent order thereunder.
(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.
1972 C. 28. (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
1889 c. 63. prejudicing the operation of section 38 of the Interpretation Act
1889 (which relates to the effect of repeals).
Health and Safe:)’ at Work etc. Ac: 1974 c. 37 59
PT III
BUILDING REGULATIONS, AND AMENDMENT OF
BUILDING (SCOTLAND) Acr 1959 1959 c. 24.
61.—(l) For sections 61 and 62 of the 1936 Act (power to Amendments
make building regulations, and their application to cxistin2 of enactments
buildings) there shall be substituted the following sections— gt0

Power

61.—(1) Subject to the provisions of Part H of the regulations. Public Health Act 1961, the Secretary of State shall 1961 c. 64.

regulations, have power, for any of the purposes mentioned in
subsection (2) below, to make regulations with respect to the design and construction of buildings and
the provision of services, fittings and equipment in or
in connection with buildings.
Regulations under this subsection shall be known
as building regulations.
(2) The purposes referred to in the preceding subsection are the following, that is to say-.—-
(a) securing the health, safety, welfare and convenience of persons in or about buildings
and of others who may be affected by
buildings or matters connected with
buildings;
(b) furthering the conservation of fuel and
power; and
(c) preventing waste, undue consumption, misuse or contamination of water.
(3) Buildings regulations may—
(a) provide for particular requirements of the
regulations to be deemed to be complied
with where prescribed methods of construction, prescribed types of materials or other
prescribed means arc used or in connection with buildings;
(b) be framed to any extent by reference to a
document published by or on behalf of the
Secretary of State or any other person or
any body, or by reference to the approval
or satisfaction of any prescribed person or
body.
(4) Building regulations may include provision as
to—
(a) the giving of notices;
(b) the deposit of plans of proposed work or
work already executed (including provision
as to the number of copies to be deposited);
60 c. 37 Health and Safety at Work etc. Act 1974
PART Ill (c) the retention by local authorities of copies
of plans deposited with them in accordance
with the regulations;
(d) the inspection and testing of work;
(e) the taking of samples.
(5) Building regulations may exempt from all or
any of the provisions of building regulations any
prescribed class of buildings, services, fittings or
equipment
(6) The Secretary of State may by direction exempt
from all or any of the provisions of building regulations any particular building or, as regards any
particular location, buildings of any particular class
thereat, and may in either case do so either unconditionally or subject to compliance with any conditions specified in the direction.
(7) A person who contravenes any condition specified in a direction given under the preceding subsection or permits any such condition to be contravened shall be liable to a fine not exceeding
and to a further fine not exceeding for each
day on which the offence continues after he is convicted.
(8) For the purposes of building regulations and of
any direction given or instrument made with
reference to building regulations, buildings may be
classified by reference to size, description, design,
purpose, location or any other characteristic whatsoever.
Application 62.—(l) Building regulations may be made with
of building rcI%P1.
regulations
toexisting (a) alterations and extensions of buildings and

etc.	of services, fittings and equipment in or in connection with buildings;

(b) new services, fittings, or equipment provided
in or in connection with buildings;
(c) buildings and services, fittings and equipment in or in connection with buildings, so
far as affected by—
(i) alterations or extensions of buildings;or
(ii) new, altered or extended services,
fittings or equipment in or in connection
with buildings;
Health and Safety at Work etc. Act 1974 c. 37 61
(d) the whole of any building, together with PART III
any services, fittings or equipment provided in or in connection therewith, in
respect of which there are or are proposed
to be carried out any operations which by
virtue of section 74(1)(c) of the Health
and Safety at Work etc. Act 1974 con.
stitute the construction of a building for
the purposes of this section;
(e) buildings or parts of buildings, together
with any services, fittings or equipment
provided in or in connection therewith,
in cases where the purposes for which or
the manner or circumstances in which a
building or part of a building is used
change or changes in a way that constitutes a material change of use of the building or part within the meaning of the
expression ‘material change of use’ as
defined for the purposes of this paragraph
by building regulations.
(2) So far as they relate to matters mentioned in
the preceding subsection, building regulations may
be made to apply to or in connection with bui’dings
erected before the date on which the regulations
came into force but, except as aforesaid (and subject
to section 65(2) of the Health and Safety at Work
etc. Act 1974) shall not apply to buildings erected
before that date.”.
(2) Without prejudice to the generality of subsection (1) of
section 61 of the 1936 Act as substituted by this section, building
regulations may for any of the purposes mentioned in subsection
(2) of that section make provision with respect to any of the
matters mentioned in Schedule 5, may require things to be
provided or done in or in connection with buildings (as well as
regulating the provision or doing of things in or in connection
with buildings), and may prescribe the manner in which work
is to be carried out.
(3) The enactments relating to building regulations shall have
effect subject to the further amendments provided for in Part I of
Schedule 6.
(4) Section 65 of the 1936 Act and sections 4, 6 and 7 of the
1961 Act, as they will have effect after the coming into force
of the preceding subsection, are set out in Part II of the said
Schedule 6.
C
62 c. 37 Health and Saftty at Work etc. Act 1974

PART III

(5) Section 71 of the 1936 Act (exemption of certain buildings from building regulations) shall cease to have effect.

(6) Any regulations under section 4 of the 1961 Act which are
in force immediately before the repeal of subsection (I) of that
section by this Act shall not be invalidated by that repeal, but
shall have effect as if made under section 61(1) of the 1936 Act
as substituted by this section.

Further	62.—(l) Building regulations may make provision for requiring local authorities in such circumstances as may be prescribed to consult any prescribed person before taking any
for
building

regulations prescribed step in connection with any work or other matter to
may provide, which building regulations are applicable.
(2) Building regulations—
(a) may authorise local authorities to accept, as evidence
that the requirements of building regulations as to
matters of any prescribed description are or would be
satisfied, certificates to that effect by persons of any
class or description prescribed in relation to those
matters or by a person nominated in writing by the
Secretary of State in any particular case;
(b) may provide for the issue by local authorities of certificates to the effect that, so far as the authority concerned have been able to ascertain after taking all
reasonable steps in that behalf, the requirements of
building regulations as to matters of any prescribed
description are satisfied in any particular case, and
for such certificates to be evidence (but not conclusive
evidence) of compliance with the regulations;
(c) may make provision—
(i) for prohibiting, in prescribed circumstances, the
carrying out of proposed work of any prescribed class
involving matters of any prescribed description unless
there has been deposited with the prescribed
authority as regards those matters a certificate such
as is mentioned in paragraph (a) above;
(ii) for enabling, in cases where such a certificate
is required by virtue of the preceding sub-paragraph, any dispute as to whether a certificate ought
to be issued to be referred to the Secretary of
State; and
(iii) for enabling the Secretary of State, on any
such reference, to give such directions as he thinks
fit.
Health and Safety at Work etc. Act 1974 c. 37 63
3) Building regulations may authorise local authorities to P*.ar IL!
charge prescribed fees for or in connection with the performance
of prescribed functions of theirs relating to building regulations.
(4) Building regulations may make a prescribed person or class
of persons responsible (instead of local authorities) for performing prescribed functions of local authorities under or in
connection with building regulations, and for that purpose may
provide for any prescribed .enactment relating to building regulations and any prescribed provision of such regulations to apply
(with any prescribed modifications) in relation to a prescribed
person or a person of a prescribed class as that enactment or
provision applies in relation to a local authority.
(5) Building regulations may repeal or modify any enactment
to which this subsection applies if it appears to the Secretary of
State that the enactment is inconsistent with, or is unnecessary
or requires alteration in consequence of, any provision contained
in or made under any enactment relating to building regulations.
This subsection applies to any enactment contained in this
Act or in any other Act passed before or in the same Session
as this Act, other than sections 61 to 71 of the 1936 Act,
sections 4 to 11 of, and Schedule 1 to, the 1961 Act, and this
Part.
63.—(l) A local authority with whom plans of any proposed Miscellaneous
work are deposited in accordance with building regulations may pr0’0 as
in prescribed cases pass them by stages in accordance with the t( tIie approval
regulations and, where a local authority pass any such plans to
a limited extent at any stage.—
(a) they shall impose conditions as to the depositing of
further plans in connection with the proposed work;
and
(b) they may impose conditions for securing that, pending
the deposit of such of the further plans as they may
indicate, the proposed work will not be proceeded with
except to such extent as they may in accordance with
the regulations authorise.
(2) A person who contravenes any condition imposed by a
local authority under subsection (1) above other than a condition as to the depositing of further plans, or permits any such
condition to be contravened, shall be liable to a fine not exceeding and to a further fine not exceeding for each day on
which the offence continues after he is convicted.
(3) A local authority with whom plans of any proposed work
are deposited in accordance with building regulations may, notwithstanding that the plans are defective or show that the work
C2
64 c. 37 Health and Safety at Work etc. Act 1974
PART Ill would contravene any of the building regulations, pass the plans
provisionally, that is to say, subject to any modifications which
they think necessary for remedying the defect or avoiding the
contravention, indicating the modifications in the notice of
approval and—
(a) if, within a prescribed time and in a prescribed manner
so indicated, the person by or on behalf of whom the
plans were deposited notifies the authority that he
agrees to the modifications, the plans shall be treated
as having been passed subject to those modifications;
and
(b) if not, the plans shall be treated as having been rejected.
(4) In cases where by virtue of subsection (1) or (3) above
plans are passed by stages or provisionally, the provisions of section 64(1) to (3) of the 1936 Act shall have effect subject to such
modifications as may be prescribed.
(5) Where plans of any proposed work have been passed
under section 64 of the 1936 Act by a local authority, the
person by or on behalf of whom the plans were in accordance
with building regulations deposited with the authority may, and
in such cases as may be prescribed shall, for the purpose of
obtaining the approval of the authority to any proposed
departure or deviation from the plans as passed, deposit plans
of any such departure or deviation; and that section shall apply
in relation to plans deposited under this subsection as it applies
in relation to the plans originally deposited.
(6) Where in accordance with any existing enactment (however framed or worded) plans of a proposed building of any
prescribed class are submitted to a Minister of the Crown for his
approval—
(a) plans of the proposed building shall not be required to
be deposited with the local authority for the purposes
of section 64 of the 1936 Act in pursuance of building
regulations;
(b) the Minister shall not approve the plans unless he is
satisfied that, so far as applicable, the substantive
requirements of building regulations will be complied
with by and in connection with the proposed building;
(c) the approval of the plans by the Minister shall operate,
for such purposes as may be prescribed, in the same
way as the passing of them by the local authority
would have operated;
(d) the Minister may exercise in connection with the proposed building the like powers of dispensing with or
relaxing requirements of building regulations as are
Health and Safety at Work etc. Act 1974 C. 37 65
conferred on the Secretary of State and local authori- PART III
ties by virtue of section 6 of the 1961 Act (other than
a power excepted by subsection (7) below), subject
however to the like requirements as to consultation (if
any) as apply by virtue of section 62(1) in the case of
a local authority (but not to the requirements in the
said section 6 as to consultation with the local
authority) and to the like requirements as in the case
of the Secretary of State apply by virtue of section 8
of the 1961 Act (opportunity to make representations
about proposal to relax building regulations).
(7) In the preceding subsection “existing enactment” means
an enactment passed before the coming into force of that
subsection, other than an enactment relating to town and country
planning; and the power excepted from paragraph td) of that
subsection is one which by virtue of section 62(4) is exercisable
otherwise than by a local authority.
64.—(1) This section applies— Special
provis*ons as to
(a) to any work consisting of a part of a building, being materials etc.
a part of the construction of which there is used any unsuitable for
material or component of a type which, in relation permanent
to a part of that description, is prescribed for the pur- buildmgs.
poses of this paragraph under subsection (2) below;
and
(b) to any work provided in or in connection with a building,
being work consisting of a service, fitting or item of
equipment of a type so prescribed for the purposes of
this paragraph.
(2) The Secretary of State may by building regulations—
(a) prescribe a type of material or component for the
purposes of subsection (l)(a) above if in his opinion
materials or components of that type are likely to
be unsuitable for use in the construction of a particular
part of a permanent building in Lhe absence of conditions with respect to the use of the building or ith
respect to any material or component of that type
used in the construction of a part of that description;
(b) prescribe a type of service, fitting or equipment for the
purposes of subsection (l)(b) above if in his opinion
services, fittings or equipment of that type are likely
to be unsuitable for provision in or in connection with
a permanent building in the absence of conditions with
respect to the use of the building or with respect to
any service, fitting or equipment of that type so
provided.
C3
66 C. 37 Health and Safety at Work etc. Act 1974
PART 111 (3) Where plans of any proposed work are, in accordance
with building regulations, deposited with a local authority and
the plans show that the proposed work would include or consist
of work to which this section applies, the authority may, not
withstanding that the plans conform with the regulations—
(a) reject the plans; or
(b) in passing the plans fix a period on the expiration of
which the work to which this section applies or the
relevant building (as the authority may in passing
the plans direct) must be removed and, if they think
• fit, impose with respect to the use of the relevant
building or with respect to the work to which this
section applies such reasonable conditions, if any,
as they consider appropriate, so however that no condition as to the use of the relevant building shall be
imposed which conflicts with any condition imposed
or having effect as if imposed under Part III or IV
1971 C. 78. of the Town and Country Planning Act 1971.
(4) If, in the case of any work in respect of which plans ought
by virtue of building regulations to have been deposited with
a local authority but have not been so deposited, the work
appears to the authority to include or consist of work to which
this section applies, the authority, without prejudice to their
right to take proceedings in respect of any contravention of the
regulations, may fix a period on the expiration of which the
work to which this section applies or the relevant building (as the
authority may in fixing the period direct) must be removed and,
if they think fit, impose any conditions that might have been
imposed under the preceding subsection in passing plans for the
first-mentioned work and, where they fix such a period, shall
forthwith give notice thereof, and of any conditions imposed,
to the owner of the relevant building
(5) If, in the case of any work appearing to the local
authority to fall within subsection (l)(b) above, plans of the
work were not required by building regulations to be deposited
with the authority, and were not so deposited, the authority may
at any time within twelve months from the date of completion
of the work fix a period on the expiration of which the work
must be removed and, if they think fit, impose any conditions
which, if plans of the work had been required to be, and had
been, so deposited, might have been imposed under subsection
(3) above in passing the plans and, where they fix such a
period, shall forthwith give notice thereof, and of any conditions imposed, to the owner of the relevant building.
(6) A local authority may from time to time extend any
period fixed, or vary any conditions imposed, under this section,
but so that, unless an application in that behalf is made to them
Health and Safety at Work etc. Act 1974 c. 37 67
by the owner of the relevant building, they shall not exercise PART 111
their power of varying conditions so imposed except when
granting an extension or further extension of the period fixed
with respect to the work or building, as the case may be.
(7) Any person aggrieved by the action of a local authority
under this section in rejecting plans, or in fixing or refusing to
extend any period, or in imposing or refusing to vary any conditions, may appeal to the Secretary of State within the prescribed
time and in the prescribed manner.
(8) Where a period has been fixed under this section with
respect to any work to which this section applies or with respect
to the relevant building, the owner of that building shall on the
expiration of that period or, as the. case may be, of that period
as extended, remove the work or building with respect to which
the period was fixed ; and if he fails to do so, the local authority
may remove that work or building, as the case may be, and
may recover from him the expenses reasonably incurred by them
in doing so.
(9) A person who—
(a) contravenes any condition imposed under this section or
permits any such condition to be contravened; or
(b) contravenes subsection (8) above;

shall be liable to a fine not exceeding	and to a further
fine not exceeding	for each day on which the offence con

tinues or, as the case may be, on which the work or building
is allowed to remain, after he is convicted; but this subsection
shall not be construed as prejudicing a local authority’s rights
under subsection (8) above.
(10) In this section “the relevant building” means, in any
particular case, the building mentioned in paragraph (a) or, as
the case may be, paragraph (b) of subsection (1) above
(11) Section 53 of the 1936 Act (which is superseded by the
preceding provisions of this section) shall cease to have effect,
but—
(a) any building regulations made, period fixed, condition
imposed or other thing done by virtue of that section
shall be deemed to have been made, fixed, imposed
or done by virtue of this section ; and
(b) anything begun under that section may be continued
under this Act as if begun under this section, so however that any appeal under subsection (4) of that
section which is pending at the time when that section
ceases to have effect, and any proceedings arising out
of such appeal, shall proceed as if that section were
still in force.
C4

68	c. 37	Health and Safety at Work etc. Act 1974
PARTii!	65.—(1) Building regulations may impose on owners and

Continuing occupiers of buildings to which building regulations are
requirements. applicable such continuing requirements as the Secretary of State
considers appropriate for securing, with respect to any provision
of building regulations designated in the regulations as a provision to which those requirements relate, that the purposes of
that provision are not frustrated; but a continuing requirement
imposed by virtue of this subsection shall not apply in relation
to a building unless a provision of building regulations so
designated as one to which the requirement relates applies to
that building.
(2) Building regulations may impose on owners and occupiers
of buildings of any prescribed class (whenever erected, and
whether or not any building regulations were applicable to them
at the time of their erection) continuing requirements with respect
to all or any of the following matters, namely—
(a) the conditions subject to which any services, fittings or
equipment provided in or in connection with any
building of that class may be used;
(b) the inspection and maintenance of any services, fittings
or equipment so provided; and
(c) the making of reports to any prescribed authority on
the condition of any services, fittings or equipment so
provided;
and so much of section 62 of the 1936 Act as restricts the
application of building regulations shall not apply to regulations
made by virtue of this subsection.
(3) If a person contravenes a continuing requirement imposed
by virtue of this section, the local authority, without prejudice
to their right to take proceedings for a fine in respect of the
contravention, may execute any work or take any other action
required to remedy the contravention, and may recover from
that person the expenses reasonably incurred by them in so
doing.
(4) Where a local authority have power under the preceding
subsection to execute any work or take any other action they
may. instead of exercising that power, by notice require the
owner or the occupier of the building to which the contravention
referred to in that subsection relates to execute that work or
take that action.
The provisions of Part XII of the 1936 Act with respect to
appeals against, and the enforcement of, notices requiring the
execution of works shall apply in relation to any notice given
Health and Safety at Work etc. Act 1974 c. 37 69
under this section. subject however to the modification that in PART III
those provisions references to the execution of works shall be
construed as references to the execution of work or the taking
of other action, and references to work shall be construed
accordingly.
(5) The provisions of sections 6, 7 and 8 of the 1961 Act
(power to dispense with or relax requirements in building
regulations, and related provisions) shall have effect in relation
to continuing requirements imposed by virtue of this section
subject to the following modifications, that is to say—
(a) a direction under the said section 6 shall, if it so provides, cease to have effect at the end of such period
as may be specified in the direction; and
(b) in subsection (1) of the said section 7 (as amended by
this Act), the reference to granting an application
subject to conditions shall be read as including a
reference to granting an application for a limited
period.
66.—(1) If the Secretary of State considers that the opera- Type
tion of any requirement of building regulations would be un- of
reasonable in relation to any particular type of building matter,regulations.
he may, either on an application made to him or of his own
accord, give a direction dispensing with or relaxing that requirement generally in relation to that type of building matter, either
unconditionally or subject to compliance with any conditions
specified in the direction, being conditions with respect to matters
directly connected with the dispensation or relaxation.
(2) A direction under subsection (1) above—
(a) shall, if it so provides, cease to have effect at the end of
such period as may be specified in the direction;
(b) may be varied or revoked by a subsequent direction of
the Secretary of State.
(3) Building regulations may require a person making an
application under subsection (1) above to pay the Secretary of
State the prescribed fee; and, without prejudice to section 4(2)
of the 1961 Act, regulations made by virtue of this subsection
may prescribe different fees for different cases:
Provided that the Secretaey of State may in any particular
case remit the whole or part of any fee payable by virtue of this
subsection.
(4) Before giving a direction under this section the Secretary
of State shall consult such bodies as appear to him to be
representative of the interests soncerned (including in particular,
in the case of a direction that relates to a requirement relevant
to any of their functions, the National Water Council).
70 c. 37 Health and Safety at Work etc. Act 1974
PART UI (5) Where the Secretary of State gives a direction under this
section, he shall publish notice of that fact in such manner as
he thinks fit.
(6) A person who contravenes any condition specified in a
direction given under this section or permits any such condition
to be contravened shall be liable to a fine not exceeding
and to a further fine not exceeding for each day on which
the offence continues after he is convicted.
(7) If at any time a direction under subsection (1) above dis.
pensing with or relaxing a requirement of building regulations
ceases to have effect by virtue of subsection (2)(a) above or is
varied or revoked under subsection (2)(b) above, that fact shall
not affect the continued operation of the direction (with any
conditions specified therein) in any case in which before that
time—
(a) plans of the proposed work were, in accordance with
building regulations, deposited with a local authority;
or
(b) a building notice was served on the district surveyor

1939 C. Xcvii.

in pursuance of section 83 of the London Building Acts (Amendment) Act 1939.

(8) In this section and section 67 below “building matter”
means any building or other matter whatsoever to which building regulations are in any circumstances applicable.
Power of 67.—(1) The following provisions of this section shall have
rretarY of effect with a view to enabling the Secretary of State, either on
ao an application made to him or of his own accord, to approve
types of any particular type of building matter as complying, either
building etc. generally or in any class of case, with particular requirements
of building regulations.
(2) An application for the approval under this section of a type
of building matter shall comply with any requirements of building regulations as to the form of such applications and the
particulars to be included therein.
(3) Where under subsection (1) above the Secretary of State
approves a type of building matter as complying with particular
requirements of building regulations either generally or in any
class of case, he may issue a certificate to that effect specifying-.-
(a) the type of building matter to which the certificate
relates;
(b) the requirements of building regulations to which the
certificate relates; and
(c) where applicable, the class or classes of case to which
the certificate applies.
Health and Safety at Work etc. Act 1974 c. 37 71
(4) A certificate under this section shall, if it so provides, PART Ill
cease to have effect at the end of such period as may be specified
in the certificate.
(5) If, while a certificate under this section is in force, it is
found, in any particular case involving a building matter of the
type to which the certificate relates, that the building matter in
question is of that type and the case is one to which the certificate
applies, that building matter shall in that particular case be
deemed to comply with the requirements of building regulations
to which the certificate relates.
(6) The Secretary of State may vary a certificate under this
section either on an application made to him or of his own
accord; but in the case of a certificate issued on an application
made by a person under subsection (1) above, the Secretary of
State, except where he varies it on the application of that person,
shall before varying it give that person reasonable notice that
he proposes to do so.
(7) Building regulations may require a person making an
application under subsection (1) or (6) above to pay the Secretary of State the prescribed fee; and, without prejudice to section
4(2) of the 1961 Act, regulations made by virtue of this subsection may prescribe different fees for different cases:
Provided that the Secretary of State may in any particular
case remit the whole or part of any fee payable by virtue
of this subsection.
(8) The Secretary of State may revoke a certificate issued
under this section, but before doing so in the case of a certificate issued on an application under subsection (1) above shall
give the person on whose application the certificate was issued
reasonable notice that be proposes to do so.
(9) Where the Secretary of State issues a certificate under
this section or varies or revokes a certificate so issued, he shall
publish notice of that fact in such manner as he thinks fit.
(10) If at any time a certificate under this section ceases to
have effect by virtue of subsection (4) above or is varied or
revoked under the preceding provisions of this section, that fact
shall not affect the continued operation of subsection. (5) above by
virtue of that certificate in any case in which before that time—
(a) plans of the proposed work were, in accordance with
building regulations, deposited with a local authority;
or
(b) a building notice was served on the district surveyor in
pursuance of section 83 of the London Building Acts 1939 c. xcvii.
(Amendment) Act 1939.
(11) For the purposes of subsection (3) above or any variation
of a certificate under subsection (6) above, a class of case may
be framed in any way that the Secretary of State thinks fit.
72 C. 37 Health and Safety at Work etc. Act 1974
PART UI (12) The Secretary of State may by building regulations delegate to any person or body, to such extent and subject to such
conditions as the Secretary of State may think fit, the powers
of approval conferred on him by this section; and so far as
those powers are for the time being so delegated to any person
or body, the preceding provisions of this section, except so
much of subsection (7) as precedes the proviso, and any building regulation made by virtue of that subsection shall (subject
to any prescribed conditions) have effect in relation to that
person or body with he substitution of references to that person
or body for references to the Secretary of State.

Power to require or

68.—(l) The following subsection shall have effect for the purpose of enabling a local authority to ascertain, as regards any work or proposed work to which building regulations for the

 

cc,nformity	enforcement of which they are responsible are applicable, whether
with building any provision of building regulations is or would be contravened
regulations.	by, or by anything done or proposed to be done in connection with, that work.

(2) The local authority shall have power for that purpose—
(a) to require any person by whom or on whose behalf the
work was, is being or is proposed to be done to carry
out such reasonable tests of or in connection with the
work as may be specified in the requirement; or
(b) themselves to carry out any reasonable tests of or in
connection with the work, and to take any samples
necessary to enable them to carry Out any such test.
(3) Without prejudice to the generality of the preceding
subsection, the matters with respect to which tests may be
required or carried out under that subsection include—
(a) tests of the soil or subsoil of the site of any building;
(b) tests of any material, component or combination of
components which has been, is being or is proposed
to be used in the construction of a building, and tests
of any service, fitting or equipment which has been, is
being or is proposed to be provided in or in connection
with a building.
(4) A local authority shall have power, for the purpose of
ascertaining whether there is or has been, in the case of any
building, any contravention of any continuing requirement that
applies in relation to that building—
(a) to require the owner or occupier of the building to
carry out such reasonable tests as may be specified
in the requirement under this paragraph; or
(b) themselves to carry Out any tests which they have power
to require under the preceding paragraph, and to take
any samples necessary to enable them to carry out any
such test.
Health and Safety at Work etc. Act 1974 c. 37 73
In this subsection “continuing requirement” means a continu- PART HI
ing requirement imposed by building regulations made by virtue
of section 65(1) or (2).
(5) The expense of carrying out any tests which a person is
required to carry out under this section shall be met by that
person:
Provided that the local authority, on an application made to
them, may, if they think it reasonable to do so, direct that the
expense of carrying out any such tests, or such part of that
expense as may be specified in the direction, shall be met by the
local authority.
(6) Any question arising under this section between a local
authority and any person as to the reasonableness—
(a) of any test specified in a requirement imposed on him by
the authority under this section; or
(b) of a refusal by the authority to give a direction under
subsection (5) above on an application made by him;
or
(c) of a direction under that subsection given on such an
application,
may on the application of that person be determined by a court
of summary jurisdiction; and in a case falling within paragraph
(b) or (c) above the court may order the expense to which the
application relates to be met by the local authority to such extent
as the court thinks just.
69.—(l) On an appeal to the Secretary of State under section Provisions
64 of the 1936 Act, section 7 of the 1961 Act or section 64 of relating to
this Act, the Secretary of State may at his discretion afford to
the appellant and the local authority an opportunity of appearing of State under
before, and being heard by, a person appointed by the Secretary certain

of State for the purpose. (2) On determining any such appeal as is mentioned in sub

provisions.

section (1) above, the Secretary of State shall give such directions,
if any, as he considers appropriate for giving effect to his
determination.
(3) Where the Secretary of State gives a decision in proceedings—
(a) on any such appeal as is mentioned in subsection (1)
above; or
(b) on a reference under section 67 of the 1936 Act ; or
(c) on any application for a direction under section 6 of
the 1961 Act where the power of giving the direction
is not exerciseable by the local authority,
the relevant person or the local authority may appeal to the
High Court against the decision on a point of law.
74 C. 37 Health and Safety at Work etc. Act 1974
PART III In this subsection “the relevant person “—
(i) as regards such an appeal as is mentioned in paragraph
(a) above, means the appellant;
(ii) as regards a reference under the said section 67, means
the person on whose application (jointly with the local
authority) the reference was made;
(iii) as regards any such application as is mentioned in
paragraph (c) above, means the applicant.
(4) At any stage of the proceedings on any such appeal,
reference or application as is mentioned in the preceding subsection, the Secretary of State may state any question of law
arising in the course of the proceedings in the form of a special
case for the decision of the High Court; and a decision of the
High Court on a case stated by virtue of this subsection shall
be deemed to be a judgment of the court within the meaning
1925 C. 49. of section 27 of the Supreme court of Judicature (Consolidation)
Act 1925 (jurisdiction of the Court of Appeal to hear and determine appeals from any judgment of the High Court).
(5) In relation to any proceedings in the High Court or the
Court of Appeal brought by virtue of this section the power to
make rules of court shall include power to make rules—
(a) prescribing the powers of the High Court or the Court
of Appeal with respect to the remitting of the matter
with the pinion or direction of the court for re-hearing
and determination by the Secretary of State; and
(b) providing for the Secretary of State, either generally
or in such circumstances as may be prescribed by the
rules, to be treated as a party to any such proceedings
and to be entitled to appear and to be heard accordingly.
(6) Rules of court relating to any such proceedings as are
mentioned in subsection (5) of this section may provide for
excluding so much of section 63(1) of the said Act of 1925 as
requires appeals to the High Court to be heard and determined
by a Divisional Court; but no appeal to the Court of Appeal
shall be brought by virtue of this section except with the leave
of the High Court or the Court of Appeal.
(7) In this section “decision” includes a direction, and
references to the giving of a decision shall be construed
accordingly.
(8) Without prejudice to section 4(5) of the 1961 Act, building
regulations may in connection with any such appeal as is
mentioned in subsection (1) above include such supplementary
provisions with respect to procedure as the Secretary of State
thinks fit.
Health and Safety at Work etc. Act 1974 c. 37 75
70.—.(l) The following enactments (which relate to the power PART III
to make, and other matters connected with, building regula- Power to
tions), namely sections 61, 62 and 67 of the 1936 Act and make building
sections 4(2) and (5) to (7), 5 and 9 of the 1961 Act, shail (with regulations
this Part, except section 75 and Schedule 7) apply throughout Inner London as they apply elsewhere in England and
Wales; but without prejudice to that power as extended by this
subsection, this subsection shall not of itself cause any building
regulations made before it comes into force to apply to Inner
London.
(2) Subject to any provision made by virtue of section 62(4)
it shall be the duty of the Greater London Council to enforce
in Inner London any building regulations which are in force
there except to the extent that other local authorities or district
surveyors within the meaning of the London Building Acts
1930 to 1939 are by virtue of building regulations made
responsible for their enforcement there.
(3) Where by virtue of this section or section 62(4) local
authorities or any prescribed person or class of persons (other
than local authorities) are made responsible for enforcing, or
performing prescribed functions under or in connection with,
building regulations in force in Inner London, then, without
prejudice to the said section 62(4), building regulations may in
that connection provide for any prescribed provision falling
within section 76(1)(a) or (b) but not mentioned in subsection
(1) above to apply (with any prescribed modifications, and
notwithstanding paragraph 12 or 34 of Part I of Schedule 11
to the London Government Act 1963) in relation to any such 1963 c. 33.
authority or person, or persons of any such class, as that provision applies in relation to a local authority outside Inner
London.
(4) Without prejudice to the generality of section 62(5)
building regulations may repeal or modify any provision to
which this subsection applies if it appears to the Secretary
of State that the repeal or, as the case may be, the modification
of that provision is expedient in consequence of the provisions
of this section or in connection with any provision contained
in building regulations that apply to Or to any part of Inner
London.
(5) The preceding subsection applies to any provision—
(a) of the London Building Acts 1930 to 1939;
(b) of any enactment contained in this Act, other than this
Part, or in any other Act passed before or in the same
Session as this Act, in so far as that provision—
(i) applies to or to any part of Inner London; and

76

C. 37

Health and Safety at Work etc. Act 1974 (ii) relates to, or to the making of, byelaws for or for any part of Inner London with respect to any

PARTiii

matter for or in connection with which provision
can be made by building regulations;
(c) of any byelaws made or having effect under the said
Acts or of any such byelaws as are mentioned in
paragraph (b)(ii) above.
(6) Before making any building regulations that provide for
the repeal or modification of any provision to which the
preceding subsection applies, the Secretary of State shall (without prejudice to the requirements as to consultation in section
9(3) of the 1961 Act) consult the Greater London Council and
any other local authority who appear to him to be concerned.
(7) In this section “Inner London” means the area
comprising the Inner London boroughs, the City, and the Inner
Temple and the Middle Temple.
1963 c. 33. (8) In Part I of Schedule 11 to the London Government Act
1963 (modifications of Public Health Acts)—
(a) in paragraph 12, for the words ” 53 to 55, and 57 to 71″
there shall be substituted the words “54, 55, 57 to
60, 64 to 66, 69, 70 and (so far as unrepealed) 71 “;
(b) in paragraph 34, for the words “4 to 11” there shall
be substituted the words “4(3) and (4), 6 to 8 and. 10
and (except in so far as it amends any enactment
mentioned in section 70(1) of the Health and Safety
at Work etc. Act 1974) section 11 “.

Civil liability.

71.—(1) Subject to the provisions of this section, breach of a duty imposed by building regulations shall, so far as it causes

damage, be actionable except in so far as the regulations
provide otherwise; and as iegards any such duty building regulations may provide for any prescribed defence to be available
in any action for breach of that duty brought by virtue of this
subsection.
(2) Subsection (1) above and any defence provided for in
regulations made by virtue thereof shall not apply in the case
of a breach of such duty in connection with a building erected
before the date on which that subsection comes into force unless
the regulations imposing the duty apply to or in connection with
the building by virtue of section 62 of the 1936 Act or section
65(2) of this Act.
(3) Nothing in this section shall be construed as affecting
the extent (if any) to which breach—
(a) of a duty imposed by or arising in connection with
this Part or any other enactment relating to building
regulations; or
Health and Safety at Work etc. Act 1974 c. 37 77
(b) of a duty imposed by building regulations in a case to PART Ill
which subsection (1) above does not apply.
is actionable, or as prejudicing any right of action which exists
apart from the enactments relating to building regulations.
(4) In this section “damage” includes the death of, or injury
to, any person (including any disease and any impairment of a
person’s physical or mental condition).
72.—(1) Except in so far as building regulations provide Application
otherwise, the substantive provisions of building regulations— tO Crowfl.
(a) sha.11 apply in relation to work carried out or proposed
to be carried out by or on behalf of a Crown authority
(whether or not in relation to a Crown building)
as they would apply if the person by or on behalf of
whom the work was or is to be carried out were not
a Crown authority; and
(b) so far as they consist of continuing requirements, shall
apply to Crown authorities (whether or not in relation
to Crown buildings) as they apply to persons who are
not Crown authorities.
(2) In so far as building regulations so provide as regards
any of the substantive requirements of building regulations,
those requirements shall apply in relation to work carried out
or proposed to be carried out as mentioned in subsection (1)(a)
above in Inner London and, so far as they consist of continuing
requirements, shall apply to Crown authorities there as mentioned in subsection (l)(b) above, even if those requirements
do not apply there in the ca€e of work carried out or proposed
to be carried out otherwise than by or on behalf of a Crown
authority or, in the case of continuing requirements, do not
apply there to persons other than Crown authorities.
In this subsection “Inner London” has the same meaning
as in section 70.
(3) Except in so far as building regulations provide otherwise, building regulations and the enactments relating to building regulations—
(a) shall apply in relation to work carried out or proposed
to be carried out in relation to a Crown building
otherwise than by or on behalf of a Crown authority,
and, in the case of section 65 and building regulations
made by virtue thereof, shall in relation to a Crown
building apply to persons other than Crown authorities, as they would apply if the building were not a
Crown building; and

78

c. 37

Health and Safety at Work etc. Act 1974 (b) shall apply in relation to work carried out or proposed to be carried out by or on behalf of a government department acting for a person other than a Crown

PART Ill

authority a€ they would apply if the work had been
or were to be carried out by that person.
(4) Section 341 of the 1936 Act (power to apply provisions of
that Act to Crown property) shall not apply to provisions
relating to building regulations.
(5) Section 71 and any building regulations made by virtue
of subsection (1) of that section shall apply in relation to duties
imposed by building regulations in their application in accordance with the preceding provisions of this section.
(6) In the case of work carried out or proposed. to be carried out by or on behalf of a Crown authority, and in any case
in which a Crown authority is or (apart from any dispensation
or relaxation) will be subject to any continuing requirements,
that authority may exercise the like powers of dispensing with or
relaxing the substantive requirements of building regulations or,
as the case may be, the continuing requirements in question as
are conferred on the Secretary of State and local authorities by
virtue of section 6 of the 1961 Act (other than a power excepted
by the following subsection), subject, however, to the like
requirements as to consultation (if any) as apply by virtue of
section 62(1) in the case of a local authority (but not the requirements of the said section 6 as to consultation with the local
authority) and to the like requirements as in the case of the
Secretary of State apply by virtue of section 8 of that Act
(opportunity to make representations about proposal to relax
building regulations); and no application shall be necessary for
the exercise of any such powers by virtue of this subsection.
In relation to any continuing requirements references in this
subsection to the said section 6 are references thereto as modified
by section 65(5).
(7) The power excepted from the preceding subsection is one
which by virtue of section 62(4) is exercisable otherwise than by
a local authority.
(8) For the purposes of subsection (6) above work carried out
or proposed to be carried out by or on behalf of a government
department acting for another Crown authority shall be treated
as carried out or proposed to be carried out by or on behalf
of that department (and not by or on behalf of the other
Crown authority).
(9) In this section—
“continuing requirement” means a continuing requirement
of building regulations imposed by virtue of section
65(1) or (2)(a) or (b).
Health and Safety at Work etc, Act 1974 c. 37 79
“Crown authority” means the Crown Estate Commission- PART III
ers. a Minister of the Crown, a government department,
any other person or body whose functions are performed on behalf of the Crown (not being a person or
body whose functions are performed on behalf of Her
Majesty in her private capacity), or any person acting
in right of the Duchy of Lancaster or the Duchy of
Cornwall;
“Crown building” means a building in which there is a
Crown interest or a Duchy interest;
.” Crown interest” means an interest belonging to Her
Majesty in right of the Crown or belonging to a government department, or held in trust for Her Majesty
for the purposes of a government department;
“Duchy interest” means an interest belonging to Her
Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall.
(10) If any question arises under this section as to which
Crown authority is entitled to exercise any such powers as are
mentioned in subsection (6) above, that question shall be referred
to the Treasury, whose decision shall be final.
(11) The preceding provisions of this section shall, with any
necessary modifications, apply in relation to the making of a
material change in the ise of a building within the meaning of
building regulations made for the purposes of section 62(1)(e)
of the 1936 Act (as substituted by this Part) as they apply in
relation to the carrying out of work.
73.—(1) The provisions of section 72, except subsections (2) Application
to (4), shall apply in relation to the United Kingdom Atomic Ui ted
Energy Authority (in this section referred to as “the Authority “)
as if Atomic Energy
Authority.
(a) the Authority were a Crown authority;
(b) any building belonging to or occupied by the Authority
were a Crown building; and
(c) the references in subsection (1) to not being a Crown
authority were references to being neither a Crown
authority nor the Authority,
but so that the said provisions shall not by virtue of this subsection apply in relation to dwelling-houses or offices belonging
to or occupied by the Authority.
(2) Subject to the said provisions as applied by the preceding
subsection, building regulations and the enactments relating to
building regulations shall not apply in relation to buildings
belonging to or occupied by the Authority, being buildings other
than dwelling-houses or offices.
80 c. 37 Health and Safety at Work etc. Act 1974

PART III	74.—(l) For the purposes of any enactment to which this sub
Meaning of section applies-.—
“building” etc.	(a) “building” means any permanent or temporary build ing and, unless the context otherwise requires, includes any other structure or erection of whatever kind or nature (whether permanent or temporary), and in this paragraph, “structure or erection” shall include a vehicle, vessel, hovercraft, aircraft or other movable object of any kind in such circumstances as may be
struction of references to, building regulations.

prescribed (being circumstances which in the opinion of
the Secretary of State justify treating it for those
purposes as a building);
(b) unless the context otherwise requires, any reference to a
building includes a reference to part of a building, and
any reference to the provision of services, fittings and
equipment in or in connection with buildings, or to
services, fittings and equipment so provided, includes
a reference to the affixing of things to buildings or, as
the case may be, to things so affixed ; and
(c) references to the construction or erection of a building
shall include references to—
(1) the carrying out of such operations (whether
for the reconstruction of a building, the roofing over
of an open space between walls or buildings, or
otherwise) as may be designated in building regula..
lions as operations falling to be treated for those
purposes as the construction or erection of a
building, and
(ii) the conversion of a movable object into what
is by virtue of paragraph (a) above a building.
and “construct” and “erect” shall be construed
accordingly.
(2) The preceding subsection applies to sections 61 to 71 of
the 1936 Act and to any other enactment (whether or not contained in the 1936 Act or this Act) which relates to building
regulations or mentions “buildings” or “a building” in a context from which it appears that those expressions are there intended to have the same meaning as in the said sections 61
to 71.
(3) Unless the context otherwise requires, references in this
Act or any other enactment (whether passed before or after this
Act) to building regulations shall, in any particular case in
relation to which any requirement of building regulations is for
the time being dispensed with, waived, relaxed or modified by
virtue of section 6 of the 1961 Act, section 66 of this Act or
any other enactment, be construed as references to building
regulations as they apply in that case.
Health and Safety at Work etc. Act 1974 c. 37 81

75. The Building (Scotland) Act 1959 shall have effect subject to the amendments provided for in Schedule 7.

PART Hi Amendment ot Building (Scotland) Act 1959.

 

76.—(1) The following provisions, namely—	Construction
(a) so much of Part II of the 1936 Act as relates to build rpretation
ing regulations;	of Part HI and

1959 c. 24.
(b) so much of Part II of the 1961 Act as relates to

building regulations; and	relating to building regulations.
(c) this Part, except section 75 and Schedule 7;

shall be construed as one; and Part XII of the 1936 Act shall
have effect as if the provisions mentioned in paragraph (b) and
(c) above (as well as those mentioned in paragraph (a)) were
contained in Part II of that Act.
(2) For the purposes of the provisions mentioned in subsection (1)(a) to (c) above—
(a) “local authority” means a district council, the Greater
London Council, a London borough council, the SubTreasurer of the Inner Temple or the Under-Treasurer
of the Middle Temple, and includes the Council of the
Isles of Scilly; and
(b) the definitions of “local authority” in section 1(2)
of the 1936 Act and section 2(3) of the 1961 Act shall
not apply;
and in section 1(1) of the 1961 Act (Part II of that Act to be
construed as one with Part II of the 1936 Act), after the words
“Part II of this Act” there shall be inserted the words “,except
so much of it as relates to building regulations,”
(3) In this Part—
“the 1936 Act” means the Public Health Act 1936;
“the 1961 Act” means the Public Health Act 1961;
“the substantive requirements of building regulations”
means the requirements of building regulations with
respect to the design and construction of buildings and
the provision of services, fittings and equipment in or
in connection with buildings (including requirements
imposed by virtue of section 65(1) or (2)(a) or (b)), as
distinct from pcocedural requirements.
(4) In this Part in sections 61 to 71 of the 1936 Act and in
sections 4 to 8 of the 1961 Act “prescribed” means prescribed
by building regulations.
1936 c. 49.
196! c. 64.
82 c. 37 Health and Safety at Work etc. Act 1974
PT IV
MISCELLANEOUS AND GENERAL
Amendmcntof 77.—(l) Section 1 of the Radiological Protection Act 1970
Radiological (establishment and functions of the National Radiological Pro

PrOtection	tection Board) shall be amended in accordance with the follow-
1970	ing 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 the functions of the Health
and Safety Commission relate, the Board shall (without prejudice to subsection (7) below) aêt 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
electro-magnetic) as may be determined by or in
accordance with the direction; and the Board shall
have 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 7(A).”;
(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

1963 . 41.

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 “inspectors
appointed by the Health and Safety Executive under section 19
of the Health and Safety at Work etc. Act 1974.”
Amendment of 78.—(1) The Fire Precautions Act 1971 shall be amended in

Fire Act 1971. 1971

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)— use as a place of work.”

Health and Safety at Work etc. Act 1974 c. 37 83
3) In section 2 (premises exempt from section 1), paragraphs PART IV
(a) to (C) (which exempt certain premises covered by the Offices, 1963 c. 41.
Shops and Railway Premises Act 1963, the Factories Act 1961 1961 . 34.
or the Mines and Quarries Act 1954) shall cease to have effect. 1954 .70.
(4) After section 9 there shall be inserted as section 9A—

“Duty to prvide premises

9A.—( I) All premises to which this section applies shall be provided with such means of escape in case of fire for the persons employed to work therein as

with means may reasonably be required in the circumstances of
ofescapern
case of fire. te case.
(2) The premises to which this section applies
are—
(a) office premises, shop premises and railway
premises to which the Offices, Shops and
Railway Premises Act 1963 applies; and
(b) premises which are deemed to be such
premises for the purposes of that Act,
being (in each case) premises in which persons are
employed to work.
(3) In determining, for the purposes of this section,
what means of escape may reasonably be required
in the case of any premises, regard shall be had
(amongst other things) not only to the number of
persons who may be expected to be working in the
premises at ay time but also to the number of persons (other than those employed to work therein)
who may reasonably be expected to be resorting to
the premises at that time.
(4) In the event of a contravention of subsection
(1) above the occupier of the premises shall be
guilty of an offence and liable on summary conviction to a fine not exceeding
(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
84 C. 37 Health and Safety at Work etc. Act 1974
PART IV (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 responsibility’) 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
occupied by the Crown), after the word “6” there
shall be inserted the words “, 9A (except subsection
(4))
(b) in subsection (l)(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”;
Health and Safety at Work etc. Act 1974 c. 37 85

(d) aEfter subsection (10) there shall be inserted the following subsection—

PART IV

“(1OA) This Act shall apply to premises in
England occupied by a Board of Governors of a
teaching hospital (being a body for the time being
specified in an order under section 15(1) of the
National Health Service Reorganisation Act 1973) 1973 c. 12.
as if they were premises occupied by the Crown.”.
(9) In section 43(1) (interpretation) there shall be added at
the end of 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 1961 c. 34.

and Railway Premises Act 1963) shall have effect.	1963 c. 41.
79.—(1) The Companies Act 1967 shall be amended in Amendment of
accordance with the following provisions of this section.	Companies Acts as to

(2) In section 16 (additional general matters to be dealt with directors’
in directors’ reports) in subsection (1) there shall be added after reports.
paragraph (ft…… 1967 C. 81.
in the case of companies of such classes as may be
prescribed in regulations made by the Secretary of
State, contain such information as may be so prescribed about the arrangements in force in that year
for securing the health, safety and welfare at work of
employees of the company and its subsidiaries and
for protecting other persons against risks to health or
safety arising out of or in connection with the activities
at work of those employees.”
(3) After subsection (4) of the said section 16 there shall be
added—
“(5) Regulations made under paragraph (g) of subsection (1) above may—
(a) make different provision in relation to companies
of different classes;
(b) enable any requirements of the regulations to
be dispensed with or modified in particular cases
by any specified person or by any person authorised
in that behalf by a specified authority;
(c) contain such transitional provisions as the Secretary
of State thinks necessary or expedient in connection with any provision made by the
regulations.
86 C. 37 Health and Safety at Work etc. Act 1974
PART IV (6) The power to make regulations under the said paragraph (g) shall be exercisable by statutory instrument which
shall be subject to annulment in pursuance of a resolution
of either House of Parliament.
(7) Any expression used in the said paragraph (g) and
in Part I of the Health and Safety at Work etc. Act 1974
shall have the same meaning in that paragraph as it has in
that Part of that Act and section 1(3) of that Act shall
apply for interpreting that paragraph as it applies for
interpreting that Part of that Act; and in subsection (5)
above “specilied” means specified in regulations made
under that paragraph.”.
General 80.—(l) Regulations made under this subsection may repeal
or modify any provision to which this subsection applies if it
Acts appears to the authority making the regulations that the repeal
and or, as the case may be, the modification of that provision is
instruments, expedient in consequence of or in connection with any provision
made by or under Part 1.
(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 regulations, order or other instrument of a
legislative character which is made under an Act but
does not fall within paragraph (b) above.
(3) Without prejudice to the generality of subsection (I) 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—
(a) in relation to provisions not relating exclusively to
agricultural operations, by the Secretary of State;
(b) in relation to provisions relating exclusively to the
relevant agricultural purposes, by the appropriate
agriculture authority;
but before making regulations under that subsection the Sec.
retary of State or the appropriate agriculture authority shall
Health and Safety at Work etc. Act 1974 c. 37 87
consult such bodies as appear to the Secretary of State or, as the PART IV
case may be, that authority to be appropriate.
(5) Regulations under subsection (1) above in relation to
provisions falling within subsection (4)(b) above may be either
regulations applying to Great Britain and made by the Minister
of Agriculture, Fisheries and Food and the Secretary of State
acting jointly, or regulations applying to England and Wales
only and made by the said Minister, or regulations applying to
Scotland only and made by the Secretary of State; and in
subsection (4)(b) above “the appropriate agriculture authority”
shall be construed accordingly.
(6) In this section “the relevant statutory provisions,” “the
relevant agricultural purposes” and “agricultural operation”
have the same meaning as in Part I.
81. There shall be paid out of money provided by Expensesand
Parliament— receipts.
(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.

82.—(1) In this Act—

General provisions as to

–

(a) “Act” includes a provisional order confirmed by an interpretation
Act; and
regtilations.
(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
reference 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.
88 C. 37 Health and Safety at Work etc. Act 1974

PART 1V

(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 shall
be subject to annulment in pursuance of a resolution
of either House of Parliament.
Minor and 83.—U) The enactments mentioned in Schedule 9 shall have
consequential effect subject to the amendments specified in that Schedule
amendments, (being minor amendments or amendments consequential upon
the provisions of this Act).
(2) The enactments mentioned in Schedule 10 are hereby
repealed to the extent specified in the third column of that
Schedule.

Extent, and application of Act.	84.—(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 2 and 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 meaning 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
Health and Safety at Work etc. Act 1974 c. 37 89
subsection, as applied by such an Order to apply to PART IV
irdividuals 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 off ences 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 1878 c. 73.
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.
85.—(1) This Act may be cited as the Health and Safety Short title and

at Work etc. Act 1974.

commence ment.

(2) This Act shall come into operation on such day as the
Secretary of State may by order made by statutory instrument
appoint, and different days may be appointed under this subsection for different purposes.
(3) An order under this section may contain such transitional provisions and savings as appear to the Secretary of
State to be necessary or expedient in connection with the
provisions thereby brought into force, including such adaptations of those provisions or any provision of this Act then in
force as appear to him to be necessary or expedient in
consequence of the partial operation of this Act (whether
before or after the day appointed by the order).
90 c.37 Health and Safety at Work etc. Act 1974
SCHEDULES
1882 c. 22.
1890c. 35.
1906 c. 14.
1909 c. 43.
1919 c. 23.
1920 c. 65.
1922 c. 35.
1923 c. 17.
1926 c. 43.
1928 c. 32.
1936 c. 22.
1951 c. 58.
1952 c. 60.
The Explosives Act 1875.
The Boiler Explosions Act
1882.
The Boiler Explosions Act
1890.
The Alkali, &c. Works
Regulation Act 1906.
The Revenue Act 1909.
The Anthrax Prevention
Act 1919.
The Employment of
Women, Young Persons
and Children Act 1920.
The Celluloid and Cinematograph Film Act
1922.
The Explosives Act 1923.
The Public Health (Smoke
Abatement) Act 1926.
The Petroleum (Consolidation) Act 1928.
The Hours of Employment (Conventions)
Act 1936.
The Petroleum (Transfer
of Licences) Act 1936.
The Hydrogen Cyanide
(Fumigation) Act 1937.
The Ministry of Fuel and
Power Act 1945.
The Coal Industry
Nationalisation Act
1946.
The Radioactive Substances Act 1948.
The Alkali, &c. Works
Regulation (Scotland)
Act 1951.
The Fireworks Act 1951.
The Agriculture (Poisonous Substances) Act
1952.
The whole Act except sections
30 to 32, 80 and 116 to 121.
The whole Act.
The whole Act.
The whole Act.
Section 11.
The whole Act.
The whole Act.
The whole Act.
The whole Act.
The whole Act.
The whole Act except section 5.
The whole Act.
The whole Act.
Section 1(1) so far as it relates
to maintaining and improving
the safety, health and welfare
of persons employed in or
about mines and quarries in
Great Britain.
Section 42(1) and (2).
Section 5(lXa).
The whole Act.
Sections 4 and 7.
The whole Act.
Sections 1 and
53.
SCHEDULE I
ExIsTING ENACTMENTS WHICH ARE RELEVANT
STATUTORY PRovisioNs
3875 c. 17.
Chapter Short title
Provisions which are
relevant statutory provisions
The whole Act.
1936 c. 27.
1937 c. 45.
1945 c. 19.
1946 c. 59.
1948 c. 37.
1951 c. 21.
Health and Safety at Work etc. Act 1974 c.37 91
Chapter Short title
Provisions which are
relevant statutory provisions
1953 c. 47. The Emergency Laws
(Miscellaneous Provisions) Act 1953.
Section 3.
1954 c. 70. The Mines and Quarries
Act 1954.
The whole Act except section
151.
1956 c. 49. The Agriculture (Safety,
Health and Welfare
Provisions) Act 1956.
The whole Act.
1961 c. 34. The Factories Act 1961. The whole Act except section
. 135.
1961 c. 64. ‘The Public Health Act
1961.
Section 73.
1962 c. 58. The Pipe-lines Act 1962. Sections 20 to 26, 33, 34 and 42,
Schedule 5.
1963 c. 41. The Offices, Shops and
Railway Premises Act
1963.
The whole Act.
1965 c. 57. The Nuclear Installations
Act 1965.
Sections 1, 3 to 6, 22 and 24,
Schedule 2.
1969 c. 10. The Mines and Quarries Sections 1 to 10.
1971 c. 20.
(Tips) Act 1969.
The Mines Management
Act 1971.
The whole Act.
1972 c. 28. The Employment Medical
Advisory Service Act
1972.
The whole Act except sections
I and 6 and Schedule 1.
SCH. I
SCHEDULE 2
ADDITIONAL PRovIsIoNs RELATING TO CONSTITUTION ETC. OF
THE COMMISSION AND EXECUTIVE
Tenure of office
1. Subject to paragraphs 2 to 4 below, a person shall hold and
vacate office as a member or as chairman or deputy chairman in
accordance with the terms of the instrument appointing him to
that office.
2. A person may at any time resign his office as a member or as
chairman or deputy chairman by giving, the Secretary of State a
notice in writing signed by that person and stating that he resigns
that office.
3.—(l) If a member becomes or ceases to be the chairman or
deputy chairman, the Secretary of State may vary the terms of the
instrument appointing him to be a member so as to alter the date
on which he is to vacate office as a member.
(2) If the chairman or deputy chairman ceases to be a member
he shall cease to be chairman or deputy chairman, as the case
may be.
Section 10.
92 c. 37 Health and Saftty at Work etc. Act 1974
SCH. 2 4.—(l) If the Secretary of State is satisfied that a member—.
(a) has been absent from meetings of the Commission for a
period longer than six consecutive months without the
permission of the Commission; or
(b) has become bankrupt or made an arrangement with his
creditors; or
(c) is incapacitated by physical or mental illness; or
(d) is otherwise unable or unfit to discharge the functions of a
member,
the Secretary of State may declare his office as a member to be
vacant and shall notify the declaration in such manner as the
Secretary of State thinks fit; and thereupon the office shall become
vacant.
(2) In the application of the preceding sub-paragraph to Scotland
for the references in paragraph (b) to a member’s having become
bankrupt and to a member’s having made an arrangement with his
creditors there shall be substituted respectively references to
sequestration of a member’s estate having been awarded and to a
member’s having made a trust deed for behoof of his creditors or a
composition contract.
Remuneration etc. of members
5. The Commission may pay to each member such remuneration
and allowances as the Secretary of State may determine.
6. The Commission may pay or make provision for paying, to or in
respect of any member, such sums by way of pension, superannuation
allowances and gratuities as the Secretary of State may determine.
7. Where a person ceases to be a member otherwise than on the
expiry of his term of office and it appears to the Secretary of State
that there are special circumstances which make it right for him to
receive compensation, the Commission may make to him a payment
of such amount as the Secretary of State may determine.
Proceedings
8. The quorum of the Commission and the arrangements relating
to meetings of the Commission shall be such as the Commission may
determine.
9. The validity of any proceedings of the Commission shall not be
affected by any vacancy among the members or by any defect in the
appointment of a member.
Staff
10. It shall be the duty of the Executive to provide for the
Commission such officers and servants as are requisite for the proper
discharge of the Commission’s functions; and any reference in this
Act to an officer or servant of the Commission is a reference to an
officer or servant provided for the Commission in pursuance of this
paragraph.
Health and Safety at Work etc. Act 1974 c. 37 93
11. The Executive may appoint such officers and servants as SCH. 2
it may determine with the consent of the Secretary of State as to
numbers and terms and conditions of service.
12. The Commission shall pay to the Minister for the Civil
Service, at such times in each accounting year as may be determined
by that Minister subject to any directions of the Treasury, sums of
such amounts as he may so determine for the purposes of this paragraph as being equivalent to the increase during that year of such
liabilities of his as are attributable to the provision of pensions,
allowances or gratuities to or in respect of persons who are or have
been in the service of the Executive in so far as that increase results
from the service of those persons during that accounting year and
to the expense to be incurred in administering those pensions,
allowances or gratuities.
Performance of functions
13. The Commission may authorise any member of the Commission or any officer or servant of the Commission or of the
Executive to perform on behalf of the Commission such of the
Commission’s functions (including the function conferred on the
Commission by this paragraph) as are specified in the authorisation..
Accounts and reports
14.—(1) It shall be the duty of the Commission—
(a) to keep proper accounts and proper records in relation to
the accounts;
(b) to prepare in respect of each accounting year a statement
of accounts 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 this
Schedule and shall lay copies of each statement and of his report
before each House of Parliament.
15. It shall be the duty of the Commission to make to the Secretary of State, as soon as possible after the end of each accounting
year, a report on the performance of its functions 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 paragraph.
Supplemental
16. The Secretary of State shall not make a determination or give
his consent in pursuance of paragraph 5, 6, 7 or 11 of this Schedule
except with the approval of the Minister for the Civil Service.
D
94 C. 37 Health and Safety at Work etc. Act 1974
SCM. 2 17. The fixing of the common seal of the Commission shall be
authenticated by the signature of the secretary of the Commission
or some other person authorised by the Commission to act for that
purpose.
18. A document purporting to be duly executed under the seal
of the Commission shall be received in evidence and shall, unless
the contrary is proved, be deemed to be so executed.
19. In the preceding provisions of this Schedule—
(a) “accounting year” means the period of twelve months ending with 31st March in any year except that the first
accounting year of the Commission shall, if the Secretary
of State so directs, be such period shorter or longer than
twelve months (but not longer than two years) as is specified
in the direction; and
(b) “the chairman “, “a deputy chairman” and “a member”
mean respectively the chairman, a deputy chairman and a
member of the Commission.
20.—(1) The preceding provisions of this Schedule (except paragraphs 10 to 12 and 15) shall have effect in relation to the Executive
as if—
(a) for any reference to the Commission there were substituted
a reference to the Executive;
(b) for any reference to the Secretary of State in paragraphs 2
to 4 and 19 and the first such reference in paragraph 7
there were substituted a reference to the Commission;
(c) for any reference to the Secretary of State in paragraphs 5
to 7 (except the first such reference in paragraph 7) there
were substituted a reference to the Commission acting with
the consent of the Secretary of State;
(d) for any reference to the chairman there were substituted a
reference to the director, and any reference to the deputy
chairman were omitted;
(e) in paragraph 14(lXc) for the words from “Secretary” to
“following” there were substituted the words “Commission
by such date as the Commission may direct after the end
of”.
(2) It shall be the duty of the Commission to include in or send
with the copies of the statement sent by it as required by paragraph
14(IXc) of this Schedule copies of the statement sent to it by the
Executive in pursuance of the said paragraph 14(lXc) as adapted
by the preceding sub-paragraph.
(3) The terms of an instrument appointing a person to be a
member of the Executive shall be such as the Commission may
determine with the approval of the Secretary of State and the
Minister for the Civil Service.
Health and Safety at Work etc. Act 1974 c. 37 95

SCHEDULE 3 SUBJ ECT-MATrER oi HEALTh AND SAFETY REGULATIONS

Section 15.

1.—(1) Regulating or prohibiting—
(a) the manufacture, supply or use of any plant;
(b) the manufacture, supply, keeping or use of any substance;
(c) the carrying on of any process or the carrying out of any
operation.
(2) Imposing requirements with respect to the design, construction, guarding, siting, installation, commissioning, examination,
repair, maintenance, alteration, adjustment, dismantling, testing or
inspection of any plant.
3) Imposing requirements with respect to the marking of any
plant or of any articles used or designed for use as components in
any plant, and in that connection regulating or restricting the use
of specified markings.
(4) Imposing requirements with respect to the testing, labelling or
examination of any substance.
(5) Imposing requirements with respect to the carrying out of
research in connection with any activity mentioned in subparagraphs (1) to (4) above.
2.—(1) Pzohibiting the importation into the United Kingdom or
the landing or unloading there of articles or substances of any
sped (led description, whether absolutely or unless conditions
imposed by or under the regulations are complied with.
(2) Specifying, in a case where an act or omission in relation to such
an importation, landing or unloading as is mentioned in the preceding
sub-paragraph constitutes an offence under a provision of this Act
and of the Customs and Excise Act 1952, the Act under which the 1952 c. 44.
offence is to be punished.
3.—( I) Prohibiting or regulating the transport of articles or
substances of any specified description.
(2) Imposing requirements with respect to the manner and means
of transporting articles or substances of any specified description.
including requirements with respect to the construction, testing and
marking of containers and means of transport and the packaging
and labelling of articles or substances In connection with their
transport.
4.—(I) Prohibiting the carrying on of any specified activity or
the doing of any specified thing except under the authority and
in accordance with the terms and conditions of a licence, or except
with the consent or approval of a specified authority.
(2) Providing for the grant, renewal, variation, transfer and
revocation of licences (including the variation and revocation of
conditions attached to licences).
96 c. 37 Health and Safety at Work etc. Act 1974
SCM. 3 5. Requiring any person, premises or thing to be registered in
any specified circumstances or as a condition of the carrying on of
any specified activity or the doing of any specified thing.
6.—(1) Requiring, in specified circumstances, the appointment
(whether in a specified capacity or not) of persms (or persons with
specified qualifications or experience, or both) to perform specified
functions, and imposing duties or conferring powers on persons
appointed (whether in pursuance of the regulations or not) tc perform
specified functions.
(2) Restricting the performance of specified functions to persons
possessing specified qualifications or experience.
7. Regulating or prohibiting the employment in specified circumstances of all persons or any class of persons.
8.—(l) Requiring the making of arrangements for securing the
health of persons at work or other persons, including arrangements
for medical examinations and health surveys.
(2) Requiring the making of arrangements for monitoring the
atmospheric or other conditions in which persons work.
9. Imposing requirements with respect to any matter affecting
the conditions in which persons work, including in particular such
matters as the structural condition and stability of premises, the
means of access to and egress from premises, cleanliness, temperature, lighting, ventilation, overcrowding, noise, vibrations, ionising
and other radiations, dust and fumes.
10. Securing the provision of specified welfare facilities for persons
at work, including in particular such things as an adequate water
supply, sanitary conveniences, washing and bathing facilities,
ambulance and first-aid arrangements, cloakroom accommodation,
sitting facilities and refreshment facilities.
11. Imposing requirements with respect to the provision and use
in specified circumstances of protective clothing or equipment, including clothing affording protection against the weather.
12. Requiring in specified circumstances the taking of specified
precautions in connection with the risk of fire.
13.—(l) Prohibiting or imposing requirements in connection with
the emission into the atmosphere of any specified gas, smoke or dust
or any other specified substance whatsoever.
(2) Prohibiting or imposing requirements in connection with the
emission of noise, vibrations or any ionising or other radiations.
(3) Imposing requirements with respect to the monitoring of any
sich emission as is mentioned in the preceding sub-paragraphs.
Health and Safety at Work etc. Act 1974 c. 37 97
14. Imposing requirements with respect to the instruction, training SCH. 3
and supervision of persons at work.
15.—(1) Requiring, in specified circumstances, specified matters to
be notified in a specified manner to specified persons.
(2) Empowering inspectors in specified circumstances to require
persons to submit written particulars of measures proposed to be
taken to achieve compliance with any of the relevant statutory
provisions.
16. Imposing requirements with respect to the keeping and
prtservation of records and other documents, including plans and
maps.
17. Imposing requirements with respect to the management of
animals.
18. The following purposes as regards premises of any specified
description where persons work, namely—
(a) requiring precautions to be taken against dangers to which
the premises or persons therein are or may be exposed by
reason of conditions (including natural conditions) existing
in the vicinity;
(b) securing that persons in the premises leave them in specified
crcumstances.
19. Conferring, in specified circumstances involving a risk of fire
or explosion, power to search a person or any article which a
person has with him for the purpose of ascertaining whether he has
in his possession any article of a specified kind likely in those
circumstances to cause a fire or explosion, and power to seize and
dispose of any article of that kind found on such a search.
20. Restricting, prohibiting or requiring the doing of any specified
thing where any accident or other occurrence of a specified kind
has occurred.
21. As regards cases of any specified class, being a class such that
the variety in the circumstances of particular cases within it calls
for the making of special provision for particular cases, any of the
following purposes, namely—
(a) conferring on employers or other persons power to make
rules or give directions with respect to matters affecting
health or safety;
(b) requiring employers or other persons to make rules with
respect to any such matters;
(c) empowering specified persons to require employers or other
persons either to make rules with respect to any such matters
or to modify any such rules previously made by virtue of
this paragraph; and
98 c. 37 Health and Safety at Work etc. Act 1974
Scii. 3 (d) making admissible in evidence without further proof, in
such circumstances and subject to such conditions as may
be specified, documents which purport to be copies of rules
or rules of any specified class made under this paragraph.
22. Conferring on any local or public authority power to make
byelaws with respect to any specified matter, specifying the authority
or person by whom any byelaws made in the exercise of that power
need to be confirmed, and generally providing for the procedure
to be followed in connection with the making of any such byelaws.
interpretation
23.—(1) In this Schedule “specified” means specified in health
and safety regulations.
(2) It is hereby declared that the mention in this Schedule of a
purpose that falls within any more general purpose mentioned
therein is without prejudice to the generality of the more general
purpose.
Section 32. SCHEDULE 4
MODIFICATIONS o PART I IN CONNECTION
wim AGRICULTURE

Provisions applied	Mod j/i cations
1. Section 13(1) (various (a) Paragraph (b) shall be omitted;
powers).	(b) references to the Commission or the

Secretary of State shall be read as
references to the appropriate Agriculture
Minister, so however that references to
the Commission’s functions shall be read
as references to the functions of that
Minister under the relevant statutory
provisions in relation to matters relating
exclusively to the relevant agricultural
purposes.
2. Section 14 (power to (a) References to the Commission shall be
direct investigations read as references to the appropriate
and inquiries). Agriculture Minister;
(b) in subsection (1), the reference to the
general purposes of Part I shall be read
as a reference to the relevant agricultural
purposes;
(c) in subsection (2), for the words from
“direct” to “other” in paragraph (a)
there shall be substituted the words
“authorise any “, the words “with the
consent of the Secretary of State” shall
be omitted, and for the words from
“only matters” to the end of the subsection there shall be substituted the
words “matters relating exclusively to
the relevant agricultural purposes”;
Health and Safety at Work etc. Act 1974 c. 37 99
Provisions applied Modqflcaiions Scii. 4
(d) in subsection (6), references to the
Secretary of State shall be read as
references to the appropriate Agriculture
Minister.
3. Section 16 (approval (a) In subsection (1), the reference to

of codes of practice).

health and safety regulations shall be read as a reference to agricultural health

and safety regulations and the words
from “and except” to “agricultural
operations” shall be omitted, but so that
the section shall confer power to approve
or issue codes of practice for any provision mentioned in section 16(1) only
for the purposes of the application of
that provision to matters relating exclusively to the relevant agricultural
purposes;
(b) a code of practice may either be
approved for Great Britain and be so
approved by the Minister of Agriculture,
Fisheries and Food and the Secretary of
State acting jointly, or be approved for
England and Wales only and be so
approved by that Minister or be approved
for Scotland only and be so approved by
the Secretary of State, and Jie references
to the Commission shall accordingly be
read as references to the Agriculture
Ministers or the said Minister or the
Secretary of State as the case may
require;
(c) for subsection (2) there shall be substitutéd—.
“(2) Before approving a code of
practice under subsection (I) above
the Minister or Ministers proposing to
do so shall consult the Commission
and any other body that appears to
him or them to be appropriate.”;
(d) for subsection (5) there shall be substituted—
“(5) The authority by whom a code
of practice has been approved under
this section may at any time withdraw
approval from that code, but before
doing so shall consult the same bodies
as the authority Would be required to
consult under subsection (2) above if
the authority were proposing to
approve the code.”.
100 C. 37 Health and Safety at Work etc. Act 1974
SCH. 4 Pro iisions applied
4. Section 17(3) (use of
approved codes in
criminal proceedings).
5. Section 27 (obtaining
of information).
Mod y’lcaiions
The reference to the Commission shall be
read as a reference to the Agriculture
Ministers or either of them.
(a) References to the Commission or the
Executive thai! be read as references to
the appropriate Agriculture Minister, so
however that references to the Commission’s functions shall be read as
references to the functions of that
Minister under the relevant statutory
provisions in relation to matters relating
exclusively to the relevant agricultural
purposes;
(b) references to an enforcing authority’s
functions shall be read as references to
an enforcing authority’s functions under
the relevant statutory provisions in
relation to matters relating exclusively to
the relevant agricultural purposes;
(c) in subsection (I), the words “with the
consent of the Secretary of State” shall
be omitted;
(d) in subsection (2Xb), the reference to the
Secretary of State shall be read as a
reference to the appropriate Agriculture
Minister, and the words “and the
recipient of the information” shall be
omitted.
Section 61. SCHEDULE 5
SUBJECT-MATTER OF BUILDING REGULATIONS
1. Preparation of sites.
2. Suitability, durability and use of materials and components
(including surface finishes).
3. Structural strength and stability, including—
(a) precautions against overloading, impact and explosion:
(b) measures to safeguard adjacent buildings and services;
(c) underpinning.
4. Fire precautions, including—
(a) structural measures to resist the outbreak and spread of
fire and to mitigate its effects;
(b) services, fittings and equipment designed to mitigate the
effects of fire or to facilitate fire-fighting;
(c) means of escape in case of fire and means for securing
that such means of escape can be safely and effectively
used at all material times.
Health and Safety at Work etc. Act 1974 C. 37 101
5. Resistance to moisture and decay. SCK. 5
6. Measures affecting the transmission of heat.
7. Measures affecting the transmission of sound.
8. Measures to prevent infestation.
9. Measures affecting the emission of smoke, gases, fumes, grit or
dust or other noxious or offensive substances.
10. Drainage (including waste disposal units).
11. Cesspools and other means for the reception, treatment or disposal of foul matter.
12. Storage, treatment and removal of waste.
13. Installations utilising solid fuel, oil, gas, electricity or any
other fuel or power (including appliances, storage tanks, heat
exchangers, ducts, fans and other equipment).
14. Water services (including wells and bore-holes for the supply
of water) and fittings and fixed equipment associated therewith.
15. Telecommunications services (including telephones and radio
and television wiring installations).
16. Lifts, escalators, hoists, conveyors and moving footways.
17. Plant providing air under pressure.
18. Standards of heating, artificial lighting, mechanical ventilation
and air-conditioning and provision of power outlets.
19. Open space about buildings and the natural lighting and
ventilation of buildings.
20. Accommodation for specific purposes in or in connection with
buildings, and the dimensions of rooms and other spaces within
buildings.
21. Means of access to and egress from buildings and parts of
buildings.
22. Prevention of danger and obstruction to persons in and about
buildings (including passers-by).
23. Matters connected with or ancillary to any of the matters
mentioned in the preceding provisions of this Schedule.

SCHEDULE 6 AMENDMENTS OF ENACTMENTS RELATING TO BUILDING

Section 61.

REGULATIONS
PART I
AMENDMENTS
Amendments of Public Health Act 1936 J936 C. 49.
1. In section 64 of the 1936 Act (passing or rejection of plans)—
(a) for subsection (3) substitute—
“(3) Where plans of any proposed work deposited with
a local authority are rejected in pursuance of the preceding provisions of this section, the person by whom or
102 c. 37 Health and Safety at Work etc. Act 1974
SCH. 6 on whose behalf they were deposited may appeal against
the rejection to the Secretary of State within the prescribed time and in the prescribed manner; and where
the rejection results wholly or partly from the fact that a
person or body whose approval or satisfaction in any
respect is required by the regulations has withheld
approval or not been satisfied, an appeal under this subsection may be brought on (or on grounds which include)
the ground that the person or body in question ought in
the circumstances to have approved or been satisfied in
that respect.” ; and
(b) subsection (4) shall cease to have effect.
2. In section 65 of the 1936 Act (power to require removal or
alteration of work not in conformity with building regulations etc.)—
(a) in subsection (1), after “therein” insert “and additions
thereto and to execute such additional work in connection
therewith”;
(b) after subsection (2) insert as subsection (2A)—
“(2A) Where a local authority have power to serve a
notice under subsection (1) or (2) above on the owner
of any work, they may in addition or instead serve such
a notice on one or more of the following persons, namely
the occupier and any builder or other person appearing
to the authority to have control over the work.”;
(c) in subsection (3), after “therein” insert “and additions
thereto and execute such additional work in connection
therewith “, and at the end add as a proviso—
“Provided that where a notice under subsection (I)
or (2) above is given to two or more persons in pursuance of subsection (2A) above, then—
(a) if they are given the notices on different dates,
the said period of twenty-eight days shall for
each of them run from the later or latest of
those dates; and
(b) if the notice is not complied with before the
expiration of the said period or such longer
period as a court of summary jurisdiction may
on the application of any of them allow, any
expenses recoverable as aforesaid may be
recovered from any of them.”; and
(d) in subsection (4), for “or subsection (2)” substitute “, (2)
or (2A) “, and at the end add as a proviso—
“Provided that, in a case where plans were deposited
nothing in this subsection shall be taken to prevent such
a notice from being given (before the expiration of twelve
months from the completion of the work in question) in
respect of anything of which particulars were not
required to be shown in the plans.”.
Health and Safety at Work elc, Act 1974 c. 37 103

3. in section 90 of the 1936 Act (interpretation of Part IL of that Act)—

Scu. 6

(a) in subsection (2) (extended meaning, in that Part and building regulations, of references to the erection of a building),
for the words from “and, so far” to “those regulations”
substitute “except sections 61 to 71 and any other enactment to which section 74(1) of the Health and Safety at
Work etc. Act 1974 applies”; and
(b) for subsection (3) (meaning of references to deposited plans)
substitute—
“(3) In this Part of this Act, unless the context otherwise requires,—
(a) any reference to the deposit of plans in accordance with building regulations shall be construed as a reference to the deposit of plans in
accordance with those regulations for the purposes of section 64 of this Act; and
(b) “plans” includes drawings of any other description and also specifications or other
information in any form, and any reference to
the deposit of plans shall be construed
accordingly.”

Amendments of Public Health Act 1961 4. In section 4 of the 1961 Act (power to make building regula

1961 C. 64.

tions)—
(a) in subsection (2) (power to make different provision for different areas) at the end add “and generally different provision for different circumstances or cases”; and
(b) in subsection (6) (penalties for contravening building regulations) after “building regulations” insert “other than a
provision designated in the regulations as one to which this
subsection does not apply,”, and for “one hundred pounds”
and “ten pounds” substitute respectively “£400” and
5. In section 6 of the 1961 Act (power to dispense with or relax
requirements of building regulations)—
(a) in subsection (1), add at the end the words “either unconditionally or subject to compliance with any conditions specified in the direction, being conditions with respect to matters
directly connected with the dispensation or relaxation.”;
(b) in the proviso to subsection (2), for the words from “shall”
onwards substitute “may except applications of any description”;
(c) for subsection (6) substitute—
“(6) An application by a local authority in connection
with a building or proposed building in the area of that
authority shall be made to the Secretary of State except
where the power of giving the direction is exercisable
by that authority.”;
104 c. 37 Health and Safety at Work etc. Act 1974
Sat. 6 (d) after subsection (7). there shall be inserted as subsections
(7A) and (7B)—
“(lA) If, on an application to the Secretary of State
for a direction under this section, the Secretary of State
considers that any requirement of building regulations to
which the application relates is not applicable or is not
or would not be contravened in the case of the work or
proposed work to which the application relates, he may
so determine and may give any directions that he considers necessary in the circumstances.
(7B) A person who contravenes any condition specified
in a direction given under this section or permits any
such condition to be contravened shall be liable to a fine
not exceeding and to a further fine not exceeding
for each day on which the offence continues after he
is convicted.”; and
(e) subsection (8) shall be omitted.
6. In section 7 of the 1961 Act (appeal against local authority’s
refusal to dispense with or relax requfrements of building regulations)—
(a) in subsection (1), after second “relax” insert “or grant such
an application subject to conditions “. for “by notice in
writing” substitute “in the prescribed mnner “. for “one
month” substitute “the prescribed period” and for
“zejusal” substitute “decision on the application”;
(b) inaubsection(2),forthe words from”a,eriod” to”and the
local authority” substitute “the prescribed period”;
(c) subsections (3) to (6) shall be omitted; and
(d) at the end there shall be added the following subsection:—
“(7) Section 6(7A) of this Act shall apply in relation
to an appeal to the Secretary of State under this section
as it applies in relation to an application to him for a
direction under section 6.”.
7. For section 8 of the 1961 Act (advertisement of proposal to
relax building regulations) substitute—

“PPcr- to	8.—(1) Before the Secretary of State or a local autho rity give a direction under section 6 of this Act the prescribed steps shall be taken for affording to persons likely to be affected by the direction an opportunity to
,out

 

pioposal

make representations about it; and before giving the direction the Secretary of State or, as the case may be,

the local authOrity shall consider any representations
duly made in accordance with the regulations.
(2) Building regulations—
(a) may make provision as to the time to be allowed
for ming representations under the preceding
subsection;
Health and Safety at Work etc. Act 1974 c. 37 105
(b) may require an applicant for such a direction, as SCH. 6
a condition that his application shall be entertamed, to pay or undertake to pay the cost of
publishing any notice which is required by the
regulations to be published in connection with
the application; and
(c) may exclude the requirements of the preceding
subsection in prescribed cases.”.
8. In section 9(3) of the 1961 Act (consultation with Building
Regulations Advisory Coinnuttec and other bodies before making
building regulations), at the end add “(including in particular, as
regards regulations relevant to any of their functions, the National
Water Council).”.
PTli

PUBLIC HE4U.Th Acr 1936 SECTION 65 AND PUBLIC HEALTh Acr 1961 SECTIONS 4,6 AND 7 AS AMENDED

1936 c. 49. 1961 c. 64.

The Public Health Act 1936
65.—(1) If any work to which building regulations are applicable
contravenes any of those regulations, the authority, without prejudice
to their right to take proceedings for a fine in respect of the contraventioñ, may by notice require the owner either to pull down or
remove the work or, if he so elects, to effect such alterations therein
and additions thereto and to execute such additional work in connection therewith as may be necessary to make it comply with the
regulations.
(2) If, in a case where the local authority are by any section of this
Act other than the last preceding section expressly required or
authorised to reject plans, any work to which building regulations
are applicable is executed either without plans having been deposited,
or notwithstanding the rejection of the plans, or otherwise than in
accordance with any requirements subject to which the authority
passed the plans, the authority may by notice to the owner either
require him to pull down or remove the work, or require him either
to pull down or remove the work or, if he so elects, to comply with
any other requirements specified in the notice, being requirements
which they might have made under the section in question as a
condition of passing plans.
(2A) Where a local authority have power to serve a notice under
subseclion (I) or (2) above on the owner of any work, they may in
addition or instead serve such a notice on one or more of the following persons, namely the occupier and any builder or other person
appearing to the authority to have control over the work.
(3) If a person to whom a notice has been given under the foregoing provisions of this section fails to comply with the notice before
the expiration of twenty-eight days, or such longer period as a court
106 c. 37 Health and Safety at Work etc. Act 1974
Scii. 6 of summary jurisdiction may on his application allow, the local
authority may pull down or remove the work in question, or effect
such alterations therein and additions thereto and execute such
additional work in connection therewith as they deem necessary, and
may recover from him the expenses reasonably incurred by them in
so doing:
Provided that where a notice under subsection (1) or (2) above is
given to two or more persons in pursuance of subsection (2A) above,
then—
(a) if they are given the notices on different dates, the said period
of twenty-eight days shall for each of them run from the
later or latest of those dates; and
(b) if the notice is not complied with before the expiration of the
said period or such longer period as a court of summary
jurisdiction may on the application of any of them allow.
any expenses recoverable as aforesaid may be recovered
from any of them.
(4) No such notice as is mentioned in subsection (1), (2) or (2A)
of this section shall be given after the expiration of twelve months
from the date of the completion of the work in question, and, in any
case where plans were deposited, it shall not be open to the authority
to give such a notice on the ground that the work contravenes any
building regulation or, as the case may be, does not comply with their
requirements under any such section of this Act as aforesaid, if either
the plans were passed by the authority, or notice of their rejection
was not given within the prescribed period from the deposit thereof,
and if the work has been executed in accordance with the plans and
of any requirement made by the local authority as a condition of
passing the plans:
Provided that, in a case where plans were deposited, nothing in
this subsection shall be taken to prevent such a notice from being
given (before the expiration of twelve months from the completion of
the work in question) in respect of anything of which particulars were
not required to be shown in the plans.
(5) Nothing in this section shall affect the right of a local authority,
or of the Attorney General, or any other person, to apply for an
injunction for the removal or alteration of any work on the ground
that it contravenes any regulation or any enactment in this Act, but
if the work is one in respect of which plans were deposited and the
plans were passed by the local authority, or notice of their rejection
was not given within the prescribed period after the deposit thereof,
and if the work has been executed in accordance with the plans, the
court on granting an injunction shall have power to order the local
authority to pay to the owner of the work such compensation as the
court thinks just, but before making any such order the court shall
in accordance with rules of court cause the local authority, if not a
party to the proceedings, to be joined as a party thereto.
1961 c. 64. The Public Health Act 1961
4. (1)
Health and Saftty at Work etc. Act 1974 c. 37 107

(2) Any provision contained in building regulations may be made so as to apply generally, or in an area specified in the regulations,

Sci. 6

and the regulations may make different provision for different areas
and generally different provision for different circumstances or cases.
(3) It shall be the function of every local authority to enforce
building regulations in their district.
(4) Local authorities shall, in relation to building regulations,
have all such functions under sections 64 and 65 of the Public Health 1936 c. 49.
Act 1936 (which confer power to pass plans, and to enforce building
byelaws) as they have in relation to building byelaws.
(5) Building regulations may include such supplemental and
incidental provisions as appear to the Secretary of State to be
expedient.
(6) If a person contravenes or fails to comply with any provision
contained in building regulations, other than a provision designated in
the regulations as one to which this subsection does not apply, he

shall be liable to a fine not exceeding	and to a further fine
not exceeding he is convicted.	for each day on which the default continues after

(7) The power of making building regulations shall be exercisable
by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6.—(1) Subject to the provisions of this section, if the Secretary
of State, on an application made in accordance with the provisions
of this Act, considers that the operation of any requirement in
building regulations would be unreasonable in relation to th panicular case to which the application relates, he may after consultation
with the local authority, give a direction dispensing with or relaxing
that requirement either unconditionally or subject to compliance
with any conditions specified in the direction, being conditions with
respect to matters directly connected with the dispensation or
relaxation.
(2) If building regulations so provide as regards any requirement
contained in the regulations, the power to dispense with or relax
that requirement under subsection (I) of this section shall be exercisable by the local authority (instead of by the Secretary of State after
consultation with the local authority):
Provided than any building regulations made by virtue of this subsection may except applications of any description.
(3) Building regulations may provide as regards any requirement
contained in the regulations that the foregoing subsections of this
section shall not apply.
(4) An application under this section shall be in such form
and shall contain such particulars as may be
prescribed.
(5) The application shall be made to the local authority and,
except where the power of giving the direction is exercisable by the
local authority, the local authority shall at once transmit the application to the Secretary of State and give notice to the applicant that
• it has been so transmitted.
2
108 c. 37 Health and Safe!)’ at Work etc. Act 1974
SCM. 6 (6) An application by a local authority in connection with a building or proposed building in the area of that authority shall be made
to the Secretary of State except where the power of giving the direction is exercisable by that authority.
(7) The provisions of Part I of the First Schedule to this Act shall
have effect as regards any application made under this section for a
direction which will affect the application of building regulations to
work which has been carried out before the making of the application.
(7A) If, on an application to the Secretary of State for a direction
under this section, the Secretary of State considers that any requirement of building regulations to which the application relates is not
applicable or is not or would not be contravened in the case of the
work or proposed work to which the application relates he may so
determine and may give any directions that he considers necessary in
the circumstances.
(7B) A person who contravenes any condition specified in a direction given under this section or permits any such condition to be

contravened shall be liable to a fine not exceeding	and to a
further fine not exceeding continues after he is convicted.	for each day on which the offence
–

7.—(1) If a local authority refuse an application to dispense with
or relax any requirement in building regulations which they have
power to dispense with or relax, or grant such an application subject
to conditions, the applicant may in the prescribed mfinner appeal to
the Secretary of State within the prescribed period from the date on
which the local authority notify the applicant of their decision on the
application.
(2) If within the prescribed period the local authority do not notify
the applicant of their decision on the application, subsection (1) of
this section shall apply in relation to the application as if the local
authority had refused the application and notified the applicant of
their decision at the end of the said period.
(7) Section 6(7A) of this Act shall apply in relation to an appeal
to the Secretary of State under this Section as it applies in relation to
an application to him for a direction under section 6.
Section 75. SCHEDULE 7
1959 c. 24. AMENDMENTs OF BUILDING (ScOTLA) AcT 1959
1. In Section 3 (building standards regulations)—
(a) in subsection (2), after the words “health, safety” there
shall be inserted the word “welfare “. and at the end there
shall be added the words “and for furthering the conservation of fuel and power”;
Health and Safety at Work etc. Act 1974 c. 37 109
(b) in subsection (3), there shall be added the words— SCH. 7
“(d) be framed to any extent by reference to a document published by or on behalf of the Secretary of
State or any other person.”;
(c) at the end of the section there shall be added the following
ubsection—
“(7) The Secretary of State may by order made by
statutory instrument repeal or modify any enactment
to which this subsection applies if it appears to him that
the enactment is incQnsistent with, or is unnecessary or
requires alteration in consequence of, any provision
contained in the building standards regulations.
This subsection applies to any enactment contained in
any Act passed before or in the same Session as the
Health and Safety at Work etc. Act 1974 other than an
enactment contained in the Building (Scotland) Act 1959.”
2. In section 4 (relaxation of building standards regulations)—-
(a) for subsection (5) there shall be substituted the followtng
subsections—
“(5) A direction under subsection (IXb) above—
(a) shall, if it so provides, cease to have effect at
the end of such period as may be specified .in
the direction;
(b) may be varied or revokcd by a subsequert
direction of the Secretary of State.
(5A) If at any time a direction under subsection (lXb)
above ceases to have effect by virtue of subsection (5)(a)
above or is varied or revoked under subsection (5Xb)
above, that fact shall not affect the continued operation
of the direction (with any conditions specified therein)
in any case in which before that time an application for
a warrant in connection with the construction or change
of use of a building, part or all of which is of the class
to which the direction relates, was, in accordance with
regulations made under section 2 of this Act, lodged with
a building authority.”;
(b) in subsections (6) and (7), after the words “subsectiàn
(iXb)” there shall be inserted the words “or (5Xb)”;
(c) after subsection (7) there shall be inserted the following subsection:—
“(7A) A person making an application under subsection (lXb) above shall pay to the Secretary of State
such fee as may be prescribed; and regulations made by
virtue of this subsection may prescribe different fees for
different cases:
Provided that the Secretary of State may in any
particular case remit the whole or part of any fee payable
by virtue of this subsection.”.
110 c. 37 Health and Safety at Work etc. Act 1974
SCH. 7 3. After section 4A, there shall be inserted the following settion- –
“Power of 4B.—(1) The following provisions of this section shall
have effect with a view to enabling the Secretary of
approve f State, either on an application made to him in that behalf or of his own accord, to approve any particular type of
building, etc. building as conforming, either generally or in any class
of case, to particular provisions of the building standards
regulations.
(2) An application for the approval under thi3 section
of a type of building shall be made in the prescribed
manner.
(3) Where under subsection (1) above the Secretary of
State approves a type of building as conforming to particular provisions of the building standards regulations
either generally or in any class of case, he may issue a
certificate to that effect specifying—
(a) the type of building to which the certificate
relates;
(b) the provisions of the building standards regulations to which the certificate relates; and
(c) where applicable, the class or classes of case to
which the certificate applies.
(4) A certificate under this section shall, if it so provides, cease to have effect at the end of such period as
may be specified in the certificate.
(5) If, while a certificate under this section is in force.
it is found, in any particular case involving a building of
the type to which the certificate relates, that the building
in question is of that type and the case is one to which
the certificate applies, that building shall in that particular case be deemed to conform to the provisions of the
building standards regulations to which the certificate
relates.
(6) The Secretary of State may from time to time vary
a certificate under this section either on an application
made to him in that behalf or of his own accord: but
in the case of a certificate issued on an application made
by a person under subsection (1) above, the Secretary of
State, except where he varies it on the application of that
person, shall before varying it give that person reasonable
notice that he proposes to do so.
(7) A person mpking an application under subsection
(1) or (6) above shall pay to the Secretary of State such
fee as may be prescribed; and regulations made by
virtue of this subsection may prescribe different fees for
different cases:
Provided that the Secretary of State may in any
particular case remit the whole or part of any fee payable
by virtue of this subsection.
Health and Safety at Work etc. Act 1974 c. 37 111
(8) The Secretary of State may at any time revoke a Scn. 7
certificate issued under this section, but before doing so
shall give the person, if any, on whose application the
certificate was issued reasonable notice that he proposes
to do so.
(9) Where the Secretary of State issues a certificate
under this section or varies or revokes a certificate so
issued, he shall publish notice of that fact in such manner
as he thinks fit.
(10) If at any time a certificate under this section
ceases to have effect by virtue of subsection (4) above
or is varied or revoked under the preceding provisions
of this section, that fact shall not affect the continued
operation of subsection (5) above by virtue of that certificate in any case in which before that time an application for a warrant in connection with the construction of a
type of building to which the certificate relates was, in
accordance with regulations made under section 2 of this
Act, lodged with a buildings authority.
(11) For the purposes of subsection (3) above or any
variation of a certificate under subsection (6) above, a
class of case may be framed in any way that the Secretary of State thinks fit.”
4. In section 6 (application of building standards regulations and
building operations regulations to construction or demolition, and to
change of use, of buildings)—
(a) after subsection (3) there shall be inserted the following
subsection—
“(3A) Notwithstanding that a buildings authority are not
satisfied that the information submitted to them with an application for a warrant for the construction of a building is sufficient
in respect of such stage in the construction as may be prescribed
to show that the building when constructed will not fail to
conform to the building standards regulations, they may grant
a warrant for the construction of the building but subject to
the condition that work on such prescribed stage shall not be
proceeded with until such further information relating to that
stage as they may require is submitted to them and until they
have made an amendment to the terms of the warrant authorising
such work to proceed:
Provided that they shall, subject to subsection (8) of this
section, make such an amendment on application being made
therefor in the prescribed manner only if they are satisfied
that nothing in the information submitted to them in respect
of the prescribed stage shows that that stage when constructed will fail to conform to the building standards
regulations.”;
(b) in subsection (10), after the words “any such” there shall
be inserted the words “prescribed stage as is mentioned in
subsection (3A) of this section and any such “.
112 C. 37 Health and Safety at Work etc. Act 1974
Scw 7 5. In section 9 (certificates of completion)—
(a) in subsection (2), for the words “but only if, they are
satisfied that” there shall be substituted the words “, so
far as they are able to ascertain after taking all reasonable
steps in that behalf,”;
(b) in subsection (3), for the words, “be satisfied is mentioned
in the last foregoing subsection” there shall be substituted
the words “grant a certificate of completion”;
(c) after subsection (3) there shall be inserted the following
subsection— –
“(3A) In respect of so much of a building as consists
of such an installation as may be prescribed, not being an
electrical installation, a buildings authority shall not grant
a certificate of completion unless there is produced to
them a certificate granted by a person of such class as
may be prescribed certifying that the installation complies
with such of the said conditions as relate to it:
Provided that this subsection shall not apply in a case
where it is shown to the satisfaction of the buildings
authority that for some reasonable cause such a
certificate cannot be produced.”;
(d) in subsection (4) for the words “the last foregoing subsection” there shall be substituted the words “subsection (3)
or (3A) above “.
6. In section 1 l(lXb) (power of local authorities to require buildings to conform to building standards regulations), after the words
“health, safety” there shall be inserted the word “welfare”, and
after the word “generally” there shall be inserted the words “and
for furthering the conservation of fuel and power “.
7. In section 19 (penalties), for the words “ten pounds” and “one
hundred pounds “, wherever they occur, there shall be substituted
respectively the words “5O” and “4OO “.
8. After section 19 there shall be inserted the following section—

“Civil liability,

19A.—(1) Subject to the provisions of this section, a breach to which this section applies shall, so far as it causes damage, be actionable except in so far as may be otherwise prescribed; and in any action brought by virtue

of this subsection such defence as may be prescribed
shall be available.
(2) This section applies to the following breaches—
(a) failure to comply with the terms or conditions of
a warrant for the construction, demolition or
change of use of a building or with any order
under this. Act relating to the construction of a
building;
(b) contravention of any provision of the building
operations regulations;
Health and Safety at Work etc. Act 1974 c. 37 113
(c) constructing a building without a warrant other- Sai. 7
wise than in accordance with the building standards regulations;
(d) changing the use of a building without a warrant
where after the change of use the building does
not conform to so much of the building standards regulations as become applicable, or apply
more onerously, to the building by reason of
the change of use.
(3) Subsection (1) above and any defence provided for
in regulations made by virtue thereof shall not apply in
the case of a breach to which this section applies in connection with a building erected before the date on which
that subsection comes into force unless the breach arises
in relation to the change of use, extension, alteration,
demolition, repair, maintenance or fitting of such a
building.
(4) Nothing in this section shall be construed as affecting the extent (if any) to which a breach to which this
section applies is actionable in a case to which subsection
(1) above does not apply, or as prejudicing any right of
action which exists apart from the provisions of this
section.
(5) In this section “damage” includes the death of,
or injury to, any person (including any disease and any
impairment of a person’s physical or mental condition).”
9. In section 26 (Crown rights)—
(a) in subsection (1) after the words “Crown and” there shall
be inserted the words “subject to the provisions of this
section”;
(b) after subsection (2) there shall be inserted the following
subsections—
“(2A) The building standards regulations shall, except
in so far as they otherwise prescribe, apply to a Crown
building as they would apply if the building were not a
Crown building.
(2B) A Crown building to which the building standards
regulations apply shall be constructed in accordance with
those regulations.
(2C) Any extension to or alteration of a Crown building to which the building standards regulations apply or
would apply on the extension or alteration of the building
shall not cause the building as extended or altered, as a
direct result of the extension or, as the case may be, the
Iteration—
(a) if it conformed to the building standards regulations immediately before the date of commencement of the operations, to fail to conform to
them; or
114 c. 37 Health and Safely at Work etc. Act 1974
SCH. 7 (b) if it failed to conform to the building standards
regulations immediately before that date, to fail
to conform to them to a greater degree than
that to which it failed to conform immediately
before that date;
and any change of use of a Crown building shall not
cause the building after the change of use to fail to conform to so much of the building standards regulations as
will become applicable, or will apply more onerously,
to the building by reason of the change of use.
(2D) Section 19A of this Act shall apply to a Crown
building as it applies to a building other than a Crown
building, but as if for subsection (2) there were substituted
the following subsection :—
“(2) A breach to which this section applies is a
failure to comply with subsection (2B) or (2C) of
section 26 of this Act or a contravention of any
provision of the building operations regulations “.
(2E) Without prejudice to any case to which proviso
(a) to subsection (1) above is applicable, the Secretary of
State shall have the like powers of dispensing with or
relaxing the provisions of the building standards regulations in relation to a Crown building as he has under
section 4(1) of this Act in relation to a building other than
a Crown building; and subsections (3), (4), (5), (5A) and
(9) of the said section 4 shall apply for the purposes
of this section as if—
(a) in subsection (4), the words “or, as the case may
be, the buildings authority” were omitted;
(b) in subsection (5A), for the words from “an application” to the end there were substituted the
words “the construction or change of use of a
building, part or all of which is of the class to
which the direction relates, was begun”;
(c) in subsection (9), the words “or section 4A(3)
of this Act” were omitted.
(2F) Without prejudice to any case to which the said
proviso is applicable, in the application of section 4B of
this Act to a Crown building, subsection (10) shall have
effect as if for the words from “an application” to the
end there were substituted the words “the construction
of a building, part or all of which is Qf the type to which
the certificate relates, was begun “.”
Section 78. SCHEDULE $
TRANSITIONAL PROVISiONS WITH RESPECT TO FIRE CERTIFICATES
1961 c. 34. UNDER FACTORIES ACT 1961 OR OFFICES, SHOPS AND RAILWAY
1963 c. 41. PREMISES Acr 1963
1. In this Schedule—
1971 C. 40. “the 1971 Act” means the Fire Precautions Act 1971
“1971 Act certificate” means a fire certificate within the
meaning of the 1971 Act;

Health and Safety at Work etc. Act 1974 c. 37 “Factories Act certificate” means a certificate under section 40 Scu. 8 of the Factories Act 1961 (means of escape in case of fire- 1961 ..

115

certification by fire authority);
“Offices Act certificate” means a fire certificate under
section 29 of the Offices, Shops and Railway Premises Act 1963C. 41.
1963.
2.—(1) Where by virtue of an order under section 1 of the 1971
Act a 1971 Act certificate becomes required in respect of any
premises at a time when there is in force in respect of those
premises a Factories Act certificate or an Offices Act certificate
(44 the existing certificate “), the following provisions of this paragraph shall apply.
(2) The existing certificate shall continue in force (irrespective
of whether the section under which it was issued remains in force)
and—
(a) shall as from the said time be deemed to be a 1971 Act
certificate validly issued with respect to the premises with
respect to which it was issued and to cover the use or uses
to which those premises were being put at that time; and
(b) may (in particular) be amended, replaced or revoked in
accordance with the 1971 Act accordingly.
(3) Without prejudice to sub-paragraph (2Xb) above, the existing
certificate, as it has effect by virtue of sub-paragraph (2)
above, shall as from the said time be treated as imposing in relation
to the premises the like requirements as were previously imposed
in relation thereto by the following provisions, that is to say—
(a) if the existing certificate is a Factories Act certificate, the
following provisions of the Factories Act 1961, namely
sections 41(1), 48 (except subsections (5), (8) and (9)), 49(1),
51(1) and 52(1) and (4) and, so far as it relates to a
proposed increase in the number of persons employed in
any premises, section 41(3);
(b) if the existing certificate is an Offices Act certificate the
following provisions of the Offices, Shops and Railway
Premises Act 1963, namely sections 30(1). 33, 34(1) and (2),
36(1) and 38(1) and, so far as it relates to a proposed
increase in the number of persons employed to work in any
premises at any one time, section 30(3).
3. Any application for a Factories Act certificate or an Offices
Act certificate with respect to any premises which is pending at the
time when by virtue of an order under section 1 of the 1971 Act
a 1971 Act certificate becomes required in respect of those premises
shall be deemed to be an application for a 1971 Act certificate
in respect of them duly made in accordance with the 1971 Act
and may be proceeded with accordingly; but (without prejudice to
section 5(2) of the 1971 Act) the fire authority may, as a condition
of proceeding with such an application, require the applicant to
specify any matter or give them any information which would
ordinarily have been required by section 5(1) of that Act.
116 c. 37 Heal/h and Safely at Work etc. Act 1974
Section 83.
1926 c. 59.
1957 c. 20.
1967c. 13.
Section 83.
SCHEDULE 9
MINOR AND CONSEQUENTIAL AMENDMENTS
The Coroners (Amendment) Act 1926
1. In section 13(2Xc) of the Coroners (Amendment) Act 1926
(by virtue of which an inquest must be held with a jury in cases
of death from certain causes of which notice is required to be given
to any inspector or other officer of a government department), after
the words “of a government department” there shall be inserted
the words “or to an inspector appointed under section 19 of the
Health and Safety at Work etc. Act 1974,”.
The House of Commons Disqualification Act 1957
2. In Part II of Schedule 1 to the House of Commons Disqualification Act 1957 (which specifies bodies of which all members are
disqualified under that Act), as it applies to the House of Commons
of the Parliament of the United Kingdom, there shall be inserted at
the appropriate place in alphabetical order the words “The Health
and Safety Commission “.
The Parliamentary Commissioner Act i967
3. In Schedule 2 to the Parliamentary Commissioner Act 1967
(which lists the authorities subject to investigation under that Act)
there shall be inserted in the apj,ropriate places in alphabetical order
the words “Health and Safety Commission” and “Health and
Safety Executive “.
SCHEDULE 10
REPEALS
Chapter Short Title Extent of repeal
26Geo.S&
1 Edw. 8. c.
49.
7&8Geo.6.
c. 31.
10&IlGeo.6.
c. 51.
2&3Eliz.2.
c. 32.
4 & 5 Eliz. 2.
c. 52.
The Public Health Act
1936.
The Education Act 1944.
The Town and Country
Planning Act 1947.
The Atomic Energy
Authority Act 1954.
The Clean Air Act 1956.
Section 53.
Section 64(4) and (5).
In section 67, the words from
“and the Secretary of State’s
decision” to the end of the
sectioi.
Section 71.
In section 343(1), the de6nition
of ”
building regulations “.
Section 63(1).
In Schedule 8, the amendment
of section 53 of the Public
Health Act 1936.
Section 5(5).
Section 24.
Health and Safely at Work etc. Act 1974 c. 37 117
The Fire Precautions Act
1971.
The Employment Medical
Advisory Service Act
1972.
The National Health
Service (Scotland) Act
1972.
The Local Government
Act 1972.
The National Health Service Reorganisation Act
1973.
The Employment and
Training Act 1973.
The Maplin Development
Act 1973.
In section 4, subsection (1) and,
in subsection (4), the words
from “and building” to the
end of the subsection.
In section 6, in subsection (4),
the words “as may be prescribed by building regulations” and the word “so “,
and subsection (8).
Section 7(3) to (6).
Section 10(1) and (2).
In Schedule 1, in Part III, the
amendments of sections 53,61,
62 and 71 of the Public Health
Act 1936 and, in the amendments of the Clean Air Act
1956, the amendment of
section 24 and the word
“twenty-four” in the last
paragraph.
In section 19(3), the words
from “and section 71” to
“regulations) ” and the words
“and the proviso to the said
section 71 “.
In section 2, paragraphs (a) to
(c).
Section 11.
In section 17(1)0), the word
“and” where last occurring.
In section 43(1), the definition
of “building regulations “.
In Schedule 5, in paragraph
2(1), the words from “and
section 71 “to” regulations)”
and the words “and the proviso to the said section 71 “.
Sections 1 and 6.
Schedule 1.
In Schedule 6, paragraph 157.
In Schedule 14, paragraph 43.
In Schedule 4, paragraph 137.
In Schedule 3, paragraph 14.
In Schedule 2, in paragraph
2(1). the words from “and
section 71″ to “regulations)”.
Chapter Short Title Extent of Repeal
Scii. 10
9 & 10 Eliz. 2. The Public Health Act
c. 64. 1961.
The Airports Authority
Act 1965.
The Civil
1971.
1965 c. 16.
1971 C. 40.
1971 C. 75.
1972 C. 28.
1972 c. 58.
1972 c. 70.
1973 c. 32.
1973 c. 50.
1973 c.64.
Aviation Act
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