UK free legal information and UK free legal articles
 

UK free legal information and UK free legal articles

Home Free legal articles County courts Magistrate courts Crown courts UK parliament Acts
 
 
Free legal articles
Bulk Center
County court list
Combined court list
Magistrate court list
County and Magistrate court list
Crown court list
UK legal Acts
Sources of legal information
UK Acts Categories
Agriculture
Company and partnership
Data Protection
Environment
Finance and Tax
Health and safety
Land and Property
Trade and commerce
Wills and probate
 
Health and Safety at Work etc. Act 1974 List of acts
 Selected UK Acts and Regulations
    Wills and probate
 
Crown Copyright Acknowledged
CONTENTS

Health and Safety at Work etc. Act 1974

1974 CHAPTER 37

Part I

Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere

Preliminary

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. General 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 (E+W+S)

11. General functions of the Commission and the Executive (N.I.)

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 (E+W+S)

14. Power of the Commission to direct investigations and inquiries (N.I.)

Health and safety regulations and approved codes of practice

15. Health and safety regulations

16. Approval of codes of practice by the Commission (E+W+S)

16. Approval of codes of practice by the Commission (N.I.)

17. Use of approved codes of practice in criminal proceedings

Enforcement

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 (E+W)

23. Provisions supplementary to ss. 21 and 22 (S)

23. Provisions supplementary to ss. 21 and 22 (N.I.)

24. Appeal against improvement or prohibition notice

25. Power to deal with cause of imminent danger

25A. Power of customs officer to detain articles and substances

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

27A.Information communicated by Commissioners for Revenue and Customs

28. Restrictions on disclosure of information (E+W)

28. Restrictions on disclosure of information (S)

28. Restrictions on disclosure of information (N.I.)

Special provisions relating to agriculture

29.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30. Agricultural health and safety regulations

31, 32... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions as to offences

33. Offences (E+W+S)

33. Offences (N.I.)

34. Extension of time for bringing summary proceedings

35. Venue

36. Offences due to fault of other person

37. Offences by bodies corporate

38. Restrictions 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

43A.Railway safety levy (E+W+S)

43A.Railway safety levy (N.I.)

Miscellaneous and supplementary

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 the relevant statutory provisions

51. Exclusion of application to domestic employment

51A. Application of Part to police (E+W)

51A. Application of Part to police (S)

52. Meaning of work and at work

53. General interpretation of Part I

54. Application of Part I 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, 62... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

63. Miscellaneous provisions as to the approval of plans

64—69... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70. Power to make building regulations for Inner London

71—74... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75. Amendment of Building (Scotland) Act 1959

76.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV

Miscellaneous and General

77. Amendment of Radiological Protection Act 1970

78. Amendment of Fire Precautions Act 1971

79.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80. General power to repeal or modify Acts and instruments

81. Expenses and receipts

82. General provisions as to interpretation and regulations

83.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84. Extent, and application of Act

85. Short title and commencement

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

SCHEDULE 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

SCHEDULE 8: Transitional Provisions with respect to Fire Certificates under Factories Act 1961 or Offices, Shops and Railway Premises Act 1963

SCHEDULE 9

SCHEDULE 10

 

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]

Annotations:

Modifications etc. (not altering text)

C1Act applied (15.12.1999) by 1996 c. 18, Pt. VIII, s. 72(4) (as substituted (15.12.1999) by 1999 c. 26, ss. 7, 8, 9, Sch. 4 Pt. I; S.I. 1999/2830, art. 2(2))

Act extended (11.10.1999) by S.I. 1999/2550, reg. 3

C2Act applied by S.I. 1988/778, reg. 11(1)

C3Act applied by S.I. 1990/13, reg. 11(5)

Act applied in part (1.9.1993) by S.I. 1993/1746, reg. 18(1)(a).

Act extended (1.1.1994) by S.I. 1993/2379, reg. 9(a).

Act extended (1.12.1993) by S.I. 1993/2714, reg. 9(4)(a).

Act applied (31.1.1994) by S.I. 1993/3050, art. 21(1)(a) (with art. 3).

Act applied (with modifications) (29.7.1994) by S.I. 1994/1806, regs. 3(1), 12

Act applied in part (15.3.1995) by S.I. 1995/263, arts. 3-8, 10

Act applied (with modifications) (18.7.1995) by S.I. 1995/1629, art. 30(3)(b)(5)

C4Certain provisions of this Act applied (with modifications) (29.11.1992) by S.I. 1992/2415, reg. 4(1)

C5Certain provisions of this Act applied (1.1.1993) by S.I. 1992/2997, reg.6

C6Certain provisions of this Act applied (with modifications) (E.W.S.) (1.1.1993) by S.I. 1992/3060, reg. 15(1)

C7Certain provisions of this Act applied (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 21(1)

C8Act excluded (E.W.) (1.4.2006) by S.I. 2005/1541, art. 47, (with art. 49)

C9Act modified (30.5.2007) by The National Assembly for Wales Commission (Crown Status) (No. 2) Order 2007 (S.I. 2007/1353), art. 2

Extent Information

E1For the application of this Act to Northern Ireland see s. 84(1); Pt. III of this Act (except s. 75 and Sch. 7) does not extend to Scotland see s. 84(2).

Part I

Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere

Annotations:

Modifications etc. (not altering text)

C1Pt. I (ss. 1–54) extended by S.I. 1981/1011, reg. 9, 1983/1919, reg. 3

Pt. I (ss. 1-54) modified (E.W.S.) (1.2.1996) by 1995 c. 25, s. 5(5)(b) (with ss. 115, 117); S.I. 1996/186, art. 2

Pt. I (ss. 1-54) modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 33(5)(c) (with s. 7(6), 115, 117); S.I. 1996/186, art. 3

Pt. I (ss. 1-54) amended (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Pt. I (ss. 1-54) amended (E.W.S.) (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 10(1)(a)(3); S.I. 1996/218, art. 2

C2Pt. I (ss. 1–54) extended by Gas Act 1986 (c. 44, SIF 44:2), ss. 18, 48(3)(4)

C3Pt. I (ss. 1–54) applied by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 para. 6(2)

C4Pt. I (ss. 1–54) amended by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36

C5Pt. I (ss. 1–54) amended by S.I. 1988/1222, regs. 3, 4

C6Pt. I (ss. 1–54) extended by S.I. 1989/1671, reg. 4

C7Pt. I (ss. 1–54) amended by S.I. 1989/1810, reg. 3 (which S.I. was revoked (1.2.1993) by S.I. 1992/3217, reg. 25).

C8Pt. I (ss. 1–54) amended by S.I. 1990/1380, reg. 3

Pt. I (ss. 1-54) saved by Highland Regional Council (Harbours) Order Confirmation Act (c. xii), s. 1, Sch. s. 61(1)(f)

Pt. I (ss. 1-54) definition applied (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 206(3)(g), 223(2)

Pt. I (ss. 1-54) saved by London Underground (Safety Measures) Act 1991 (c. xviii), s. 11(2)

Pt. I (ss. 1-54) saved by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. 1 Pt. XII para. 67(2)

C9Pt. I extended by S.I. 1978/752, reg. 3

Pt. I (ss. 1-54): transfer of functions (E.W.) (1.4.1996) by 1995 c. 25, s. 2(1)(g)(2)(c) (with ss. 115, 117); S.I. 1996/186, art. 3

Pt. I (ss. 1-54): transfer of functions (S.) (12.10.1995) by 1995 c. 25, s. 21(1)(g) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

Pt. I (ss. 1-54): transfer of functions (E.W.S.) (12.10.1995) by 1995 c. 25, s. 21(2)(a) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

C10Pt. I (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), S. 1(1)

C11Pt. I (ss. 1-54) amended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 1(1)

Pt. I (ss. 1-54) amended (E.W.S.) (2.2.1994) by 1993 c. 43, s. 117(1)(6), 150(1)(e); S.I. 1994/202, art. 2

C12Pt. I (ss. 1-54) extended (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 4

C13Pt. I (ss. 1-54) modified (E.W.S.) (1.1.1993) by S.I. 1992/2051, reg. 16(2)

C14Pt. I (ss. 1-54) extended (E.W.S.) (6.3.1992) by offshore Safety Act 1992 (c. 15), s. 2(1)

Pt. 1 (ss. 1-54) extended (E.W.S.) (2.2.1994) by 1993 c. 43, ss. 117(2)(6), 150(1)(e); S.I. 1994/202, art. 2

C15Pt. I (ss. 1-54) applied (with modifications) (14.4.1999) by S.I. 1999/860, reg. 2

C16Pt. I (ss. 1-54) applied (1.7.1999) by S.I. 1999/1517, reg. 12(3), Sch. 4 para. 12(3)(c)

Pt. I: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table C

C17Pt. I restricted (S.) (1.10.2006) by 2005 asp 5, ss. 70, 90; S.I. 2006/458, art. 2 (subject to art. 3)

Extent Information

E1For the application of Pt. I to Northern Ireland see s. 84(1).

Preliminary

1 Preliminary

(1)The provisions of this Part shall have effect with a 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;

(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; F1. . .

F1(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The provisions of this Part relating to the making of health and safety regulations . . . F2 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.
Annotations:

Amendments (Textual)

F1S. 1(1)(d) and the word “and” preceding it repealed (16.12.1996) by 1990 c. 43, s. 162(2), Sch. 16 Pt. I; S.I. 1996/3056, art. 2

F2Words repealed by Employment Protection Act 1975 (c. 71), Sch. 18

Modifications etc. (not altering text)

C1Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C2Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)

C3S. 1(1)(c) extended (E.W.S.) (8.8.1996) by S.I. 1996/2075, reg. 2(1) (which was revoked (11.3.2002) by S.I. 2002/282, art. 4)

S. 1(1)(C) modified (E.W.S.) (11.3.2002) by S.I. 2002/282, art. 3

C4S. 1(2) modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 Pt. I para. 6(3)

C5S. 1(3) applied by Companies Act 1985 (c. 6, SIF 27), s. 235(5), Sch. 7 Pt. IV para. 10(4)
 
See more for Health and Safety at Work etc. Act 1974
 
Crown Copyright Acknowledged
 
 

Web Developers
Copyright © 2017 Agreement Desk. All right reserved