Part IV Miscellaneous and General
Amendment of Radiological Protection
Act 1970
77. (1) Section 1 of the Radiological Protection Act
1970 {1970 c. 46.} (establishment and functions of the National Radiological
Protection Board) shall be amended in accordance with the following provisions
of this subsection
(A) after subsection (6) there shall be inserted
as subsection (6A)
"(6A) In carrying out such of their functions as relate to matters
to which the functions of the Health and Safety Commission relate, the
Board shall (without prejudice to subsection (7) below) act in consultation
with the Commission and have regard to the Commission's policies with
respect to such matters.";
(B) after subsection (7) there shall be inserted
as subsections (7A) and (7B)
"(7A) Without prejudice to subsection (6) or (7) above, it shall
be the duty of the Board, if so directed by the Health Ministers, to
enter into an agreement with the Health and Safety Commission for the
Board to carry out on behalf of the Commission such of the Commission's
functions relating to ionising or other radiations (including those
which are not 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 Board,
sections 1 to 51 of the Offices, Shops and Railway Premises Act 1963 {1963
c. 41.} 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 Fire Precautions
Act 1971
78. (1) The Fire Precautions Act 1971 {1971 c. 40.}
shall be amended in accordance with the following provisions of this section.
(2) In section 1(2) (power to designate uses of premises
for which fire certificate is compulsory) at the end there shall be inserted
as paragraph (F)
"(F) use as a place of work."
(3) In section 2 (premises exempt from section 1),
paragraphs (A) to (C) (which exempt certain premises covered by the Offices,
Shops and Railway Premises Act 1963, {1963 c. 41.} the Factories Act 1961
{1961 c. 34.} or the Mines and Quarries Act 1954) {1954 c. 70.} shall
cease to have effect.
"Duty to provide certain premises with means of escape in case of
fire.
(4) After section 9 there shall be inserted as section
9A
9A. (1) 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 may reasonably be required in the circumstances
of the 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 any 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 £400."
(5) In section 12(1) (power to make regulations about
fire precautions as regards certain premises), at the end there shall
be added the words "and nothing in this section shall confer on the
Secretary of State power to make provision with respect to the taking
or observance of special precautions in connection with the carrying on
of any manufacturing process.
(6) In section 17 (duty of fire authorities to consult
other authorities before requiring alterations to buildings)
(A) in subsection (1), the word "and"
shall be omitted where last occurring in paragraph (i) and shall be
added at the end of paragraph (ii), and after paragraph (ii) there shall
be added as paragraph (iii)
"(iii) if the premises are used as a place of work and are within
the field of responsibility of one or more enforcing authorities within
the meaning of Part I of the Health and Safety at Work etc. Act 1974,
consult that authority or each of those authorities.";
(B) in subsection (2) (clarification of references
in section 9 to persons aggrieved), for the words "or buildings
authority" there shall be substituted the words "buildings
authority or other authority";
(C) after subsection (2) there shall be added as
subsection (3)
"(3) Section 18(7) of the Health and Safety at Work etc. Act 1974
(meaning in Part I of that Act of `enforcing authority' and of such
an authority's `field of 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 (1)(B) (provisions which apply
to premises owned, but not occupied by, the Crown), after the word "8"
there shall be inserted the word "9A";
(C) in subsection (10) (application of Act to hospital
premises in Scotland), for the words from "Regional" to "hospitals"
there shall be substituted the words "Health Board";
(D) after subsection (10) there shall be inserted
the following subsection
"(10A) 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 {1961 c. 34.} or the
Offices, Shops and Railway Premises Act 1963) {1963 c. 41.} shall have
effect.
Amendment of Companies Acts as
to directors' reports
79. (1) The Companies Act 1967 {1967 c. 81.} shall
be amended in accordance with the following provisions of this section.
(2) In section 16 (additional general matters to be
dealt with in directors' reports) in subsection (1) there shall be added
after paragraph (F)
"(G) 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.
(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 "specified" means specified in regulations made under
that paragraph.".
General power to repeal or modify
Acts and instruments
80. (1) Regulations made under this subsection may
repeal or modify any provision to which this subsection applies if it
appears to the authority making the regulations that the repeal or, as
the case may be, the modification of that provision is expedient in consequence
of or in connection with any provision made by or under Part I.
(2) Subsection (1) above applies to any provision,
not being among the relevant statutory provisions, which
(A) is contained in this Act or in any other Act
passed before or in the same Session as this Act; or
(B) is contained in any regulations, order or other
instrument of a legislative character which was made under an Act before
the passing of this Act; or
(C) applies, excludes or for any other purpose refers
to any of the relevant statutory provisions and is contained in any
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
(1) above, the modifications which may be made by regulations thereunder
include modifications relating to the enforcement of provisions to which
this section applies (including the appointment of persons for the purpose
of such enforcement, and the powers of persons so appointed).
(4) The power to make regulations under subsection
(1) above shall be exercisable
(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 Secretary of
State or the appropriate agriculture authority shall consult such bodies
as appear to the Secretary of State or, as the 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.
Expenses and receipts
81. There shall be paid out of money provided by Parliament
(A) any expenses incurred by a Minister of the Crown
or government department for the purposes of this Act; and
(B) any increase attributable to the provisions
of this Act in the sums payable under any other Act out of money so
provided;
and any sums received by a Minister of the Crown or government department
by virtue of this Act shall be paid into the Consolidated Fund.
General provisions as to interpretation
and regulations
82. (1) In this Act
(A) "Act" includes a provisional order
confirmed by an Act;
(B) "contravention" includes failure to
comply, and "contravene" has a corresponding meaning;
(C) "modifications" includes additions,
omissions and amendments, and related expressions shall be construed
accordingly;
(D) any reference to a Part, section or Schedule
not otherwise identified is a reference to that Part or section of,
or Schedule to, this Act.
(2) Except in so far as the context otherwise requires,
any 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.
(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 consequential amendments,
and repeals
83. (1) The enactments mentioned in Schedule 9 shall
have effect subject to the amendments specified in that Schedule (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 subsection, as applied by such an Order,
to apply to individuals whether or not they are British subjects and
to bodies corporate whether or not they are incorporated under the law
of any part of the United Kingdom;
(C) may make provision for conferring jurisdiction
on any court or class of courts specified in the Order with respect
to offences under Part I committed outside Great Britain or with respect
to causes of action arising by virtue of section 47(2) in respect of
acts or omissions taking place outside Great Britain, and for the determination,
in accordance with the law in force in such part of Great Britain as
may be specified in the Order, of questions arising out of such acts
or omissions;
(D) may exclude from the operation of section 3
of the Territorial Waters Jurisdiction Act 1878 {1878 c. 73.} (consents
required for prosecutions) proceedings for offences under any provision
of Part I committed outside Great Britain;
(E) may be varied or revoked by a subsequent Order
in Council under this section;
and any such Order shall be subject to annulment in pursuance of a resolution
of either House of Parliament.
(5) In relation to proceedings for an offence under
Part I committed outside Great Britain by virtue of an Order in Council
under subsection (3) above, section 38 shall have effect as if the words
"by an inspector, or" were omitted.
(6) Any jurisdiction conferred on any court under
this section shall be without prejudice to any jurisdiction exercisable
apart from this section by that or any other court.
Short title and commencement
85. (1) This Act may be cited as the Health and Safety
at Work etc. Act 1974.
(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).
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