Health and Safety at Work etc. Act 1974

(5) A direction under subsection (1)(b) 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. (5A) If at any time a direction under subsection (1)(b) above ceases to have effect by virtue of subsection (5)(b) above, that fact shall not affect the continued operation of the direction (with any directions specified therein) in any case in which that time an application for a warrant in connection with the construction or change of the use of a building, part or all of which is of the class to which the direction relates, was, in accordance with the regulations made under section 2 of this Act, lodged with a buildings authority.

;

• (b) in subsections (6) and (7), after the words “subsection (1)(b)” there shall be inserted the words “or (5)(b)”;

• (c) after subsection (7) there shall be inserted the following subsection—

(7A) A person making an application under subsection (1)(b) 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 susbection.

.

3

After subsection 4A, there shall be inserted the following section—

(4B) (1) The following provisions of this section shall have effect with a view to enabling the Secretary of State, either on an application made to him in that behalf or of his own accord, to approve any particular type of building as conforming, either generally or in any class of case, to particular provisions of the building standards regulations. (2) An applicaction for the approval under this 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 specifiying— (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 certficate 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 the building 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 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 making 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 susbection . (8) The Secretary of State may at any time revoke a certificate issued under this section, but before doing so shall give the person, if any, on whose application the certificate the 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 building 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”.

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 as 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 hte 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 11(1)(b) (power of local authorities to require buildings to conform to building standards regulations), after the words “health, safety” there shall be inserted the words “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 “£50” and “£400”.

8

After section 19 there shall be inserted the following section—

(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 realting to the construction of a building ; (b) contravention of any provision of the building operations regulations ; (c) construction a building without a warrant otherwise 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 be reason of 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 construes as affecting the extent (if any) to which breach to which this subsection 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 subsection—

(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 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 biulding as extended or altered, as a direct result of the extension or, as the case may be, the alteration— (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 (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 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 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 of the type to which the certificate relates, was begun”.

SCHEDULE 8

1

In this Schedule—

• “the 1971 Act” means the Fire Precautions Act 1971;

• “1971 Act certificate” means a fire certificate within the meaning of the 1971 Act;

• “Factories Act certificate” means a certificate under section 40 of the Factories Act 1961 (means of escape in case of fire-certification by fire authority);

• “Offices Act certificate” means a fire certificate under section 29 of the Offices, Shops and Railway Premises Act 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 (“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 (2)(b) 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 provision 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 section 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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9

The Coroners (Amendment) Act 1926

1

In section 1392)(c) of the Coroners (Amendment) Act 1926 (by virtue of which an inquest must be held with a jury in case 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

The Parliamentary Commissioner Act 1967

3

SCHEDULE 10

General duties of employers to their employees.

Power to deal with cause of imminent danger.

25A

• (1) A customs officer may, for the purpose of facilitating the exercise or performance by any enforcing authority or inspector of any of the powers or duties of the authority or inspector under any of the relevant statutory provisions, seize any imported article or imported substance and detain it for not more than two working days.

• (2) Anything seized and detained under this section shall be dealt with during the period of its detention in such manner as the Commissioners of Customs and Excise may direct.

• (3) In subsection (1) above the reference to two working days is a reference to a period of forty-eight hours calculated from the time when the goods in question are seized but disregarding so much of any period as falls on a Saturday or Sunday or on Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of Great Britain where the goods are seized.

27A

• (1) If they think it appropriate to do so for the purpose of facilitating the exercise or performance by any person to whom sub-section (2) below applies of any of that person’s powers or duties under any of the relevant statutory provisions, the Commissioners for Her Majesty’s Revenue and Customs may authorise the disclosure to that person of any information obtained or held for the purposes of the exercise by Her Majesty’s Revenue and Customs of their functions in relation to imports.

• (2) This subsection applies to an enforcing authority and to an inspector , other than the Office for Nuclear Regulation or an inspector appointed by the Office for Nuclear Regulation.

• (3) A disclosure of information made to any person under subsection (1) above shall be made in such manner as may be directed by the Commissioners for Her Majesty’s Revenue and Customsand may be made through such persons acting on behalf of that person as may be so directed.

• (4) Information may be disclosed to a person under subsection (1) above whether or not the disclosure of the information has beenrequested by or on behalf of that person.

Power to deal with cause of imminent danger.

43A

• (1) The Secretary of State may make regulations requiring persons who provide railway services to pay railway safety levy.

• (2) Railway safety levy shall be applied only for the purpose of meeting expenses incurred—

• (a) in respect of activities undertaken by the Office of Rail and Road under or by virtue of this Act or Schedule 3 to the Railways Act 2005; or

• (b) in respect of activities in relation to a transport system falling within paragraph 1(3) of that Schedule that are undertaken by that Office under or by virtue of any other enactment.

• (3) The railway safety levy shall not be used to meet—

• (a) an expense in respect of which a fee is payable under regulations made under section 43, or

• (b) an expense in respect of a matter specified by the regulations for the purpose of this paragraph.

• (4) Where an expense is incurred partly in respect of activity within subsection (2)(a) or (b) and partly in respect of other activity, the railway safety levy may be used to meet a part of that expense which is reasonably referable to activity within subsection (2)(a) or (b).

• (5) Regulations under subsection (1) may, in particular, determine or enable the Office of Rail and Road to determine—

• (a) the total amount of the railway safety levy to be imposed in respect of a specified period;

• (b) the persons by whom the levy is to be paid;

• (c) the criteria for assessing the proportion of the levy to be paid by a particular person (which may, in particular, refer to the size of a person’s income or provide for an amount to be reduced or waived in specified circumstances);

• (d) the periods in respect of which the levy is to be paid;

• (e) the manner in which the levy is to be paid;

• (f) the person to whom the levy is to be paid;

• (g) when the levy is to be paid.

• (6) Regulations under subsection (1) may, in particular, enable the Office of Rail and Road—

• (a) to require a person who provides railway services to supply information for the purposes of the consideration of a matter specified in subsection (5);

• (b) where information requested is not supplied, to make assumptions;

• (c) to revise a determination of a matter specified in subsection (5)(whether before, during or after the period to which it relates);

• (d) to make refunds.

• (7) Regulations by virtue of subsection (6)(a) may, in particular, make provision—

• (a) about the manner and timing of the supply of information;

• (b) about certification of the accuracy of information supplied;

• (c) creating a criminal offence in connection with the supply of inaccurate or misleading information (but not an offence punishable with imprisonment).

• (8) Regulations under subsection (1) may enable payment to be enforced by civil proceeding.

• (9) For the purposes of this section a person provides railway services if he manages or controls, or participates in managing or controlling, a transport system falling within paragraph 1(3) of Schedule 3 to the Railways Act 2005 .

Offences due to fault of other person.

51A

• (1) For the purposes of this Part, a person who, otherwise than under a contract of employment, holds the office of constable or an appointment as police cadet shall be treated as an employee of the relevant officer.

• (2) In this section “ the relevant officer ”—

• (a) in relation to a member of a police force or a special constable or police cadet appointed for a police area, means—,

• (i) the chief officer of police of that force, or

• (ii) in the case of a member of the force or a special constable who is, by virtue of a collaboration agreement under section 22A of the Police Act 1996, under the direction and control of a chief officer (within the meaning given by section 23I of that Act), that chief officer,

• (b) in relation to a member of a police force seconded to the National Crime Agency to serve as a National Crime Agency officer , means that Agency, and

• (c) in relation to any other person holding the office of constable or an appointment as police cadet, means—

• (i) the person who has the direction and control of the body of constables or cadets in question, or

• (ii) in the case of a constable who is, by virtue of a collaboration agreement under section 22A of the Police Act 1996, under the direction and control of a chief officer (within the meaning given by section 23I of that Act), that chief officer.

.

• (2A) For the purposes of this Part the relevant officer, as defined by subsection (2)(a) or (c) above, shall , if not a corporation sole, be treated as a corporation sole.

• (2B) Where, in a case in which the relevant officer, as so defined, is guilty of an offence by virtue of this section, it is proved—

• (a) that the officer-holder personally consented to the commission of the offence,

• (b) that he personally connived in its commission, or

• (c) that the commission of the offence was attributable to personal neglect on his part,

the office-holder (as well as the corporation sole) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

• (2C) In subsection (2B) above “ the office-holder ”, in relation to the relevant officer, means an individual who, at the time of the consent, connivance or neglect—

• (a) held the office or other position mentioned in subsection (2) above as the office or position of that officer; or

• (b) was for the time being responsible for exercising and performing the powers and duties of that office or position.

• (2D) The provisions mentioned in subsection (2E) below (which impose the same liability for unlawful conduct of constables on persons having their direction or control as would arise if the constables were employees of those persons) do not apply to any liability by virtue of this Part.

• (2E) Those provisions are—

• (a) section 24 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) ;

• (b) section 88(1) of the Police Act 1996;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001;

• (f) paragraph 2 of Schedule 4 to the Crime and Courts Act 2013;

• (g) paragraph 20 of Schedule 1 to the Police and Justice Act 2006;

• (2F) In the application of this section to Scotland—

• (a) subsection (2A) shall have effect as if for the words “corporation sole” there were substituted distinct juristic person (that is to say, as a juristic person distinct from the individual who for the time being is the office-holder);

• (b) subsection (2B) shall have effect as if for the words “corporation sole” there were substituted juristic person; and

• (c) subsection (2C) shall have effect as if for the words “subsection (2B)” there were substituted subsections (2A) and (2B).

• (3) For the purposes of regulations under section 2(4) above—

• (a) the Police Federation for England and Wales shall be treated as a recognised trade union recognised by each chief officer of police in England and Wales,

• (b) the Police Federation for Scotland shall be treated as a recognised trade union recognised by the chief constable of the Police Service of Scotland, and

• (c) any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996 shall be treated as a recognised trade union recognised by each chief officer of police in England, Wales and Scotland.

• (4) Regulations under section 2(4) above may provide, in relation to persons falling within subsection (2)(b) or (c) above, that a body specified in the regulations is to be treated as a recognised trade union recognised by such person as may be specified.

Functions of, and responsibility for maintaining, employment medical advisory service.

Functions of, and responsibility for maintaining, employment medical advisory service.

General power to repeal or modify Acts and instruments.

SCHEDULE 3A

1

The mode of trial and maximum penalty applicable to each offence listed in the first column of the following table are as set out opposite that offence in the subsequent columns of the table.

2

• (1) This paragraph makes transitional modifications of the table as it applies to England and Wales.

• (2) In relation to an offence committed before 2 May 2022, a reference to imprisonment for a term not exceeding 12 months the general limit in a magistrates’ court is to be read as a reference to imprisonment for a term not exceeding six months.

• (3) In relation to an offence committed before the commencement of section 281(5) of that Act (alteration of penalties for summary offences), a reference to imprisonment for a term not exceeding 51 weeks is to be read as a reference to imprisonment for a term not exceeding six months.

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Editorial notes