Health and Safety (Enforcing Authority) Regulations 1998
1998 No. 494
HEALTH AND SAFETY
The Health and Safety (Enforcing Authority) Regulations 1998
Made 2nd March 1998
Laid before Parliament 6th March 1998
Coming into force 1st April 1998
The Secretary of State, in exercise of the powers conferred on him by sections 15(1) and (3)(a) and (c), 18(2) and 82(3)(a) of the Health and Safety at Work etc. Act 19741(“the 1974 Act”) and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Health and Safety (Enforcing Authority) Regulations 1998 and shall come into force on 1st April 1998.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“agricultural activities”—
(a) includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, including the management of livestock up to the point of slaughter or export from Great Britain, forestry, the use of land as grazing land, market gardens and nursery grounds and the preparation of land for agricultural use;
(b) does not include such activities at a garden centre or other shop,
and for this purpose “livestock breeding and keeping” does not include activities the main purpose of which is entertainment;
“the Commission” means the Health and Safety Commission;
“common parts” means those parts of premises used in common by, or for providing common services to or common facilities for, the occupiers of the premises;
“construction work” and “contractor” have the meanings assigned to them by regulation 2(1) of the Construction (Design and Management) Regulations 19942;
“dock premises” has the meaning assigned to it by regulation 2(1) of the Docks Regulations 19883;
“electricity system” does not include the consumer’s installation within the meaning of regulation 3(1) of the Electricity Supply Regulations 19884;
“the Executive” means the Health and Safety Executive;
“fairground” means such part of premises as is for the time being used wholly or mainly for the operation of any fairground equipment, other than a coin-operated ride, non-powered children’s playground equipment, swimming pool slide, go-kart, or plant designed to be used by members of the public for entertainment purposes for bouncing upon;
“gas” has the meaning assigned to it by section 48 of the Gas Act 19865;
“gas fitting” has the meaning assigned to it by section 48 of the Gas Act 1986;
“gas system” does not include a portable or mobile appliance supplied with gas from a cylinder, or the cylinder, pipes and other fittings used for supplying gas to that appliance;
“ionising radiation” has the meaning assigned to it by regulation 2(1) of the Ionising Radiations Regulations 19856;
“livestock” means any creature kept for the production of food, wool, skins or fur or for the purpose of any agricultural activity;
“local authority” means—
(a) in relation to England, a county council so far as they are the council for an area for which there are no district councils, a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under-Treasurer of the Middle Temple or the Council of the Isles of Scilly;
(b) in relation to Scotland, the council for a local government area; and
(c) in relation to Wales, a county council or a county borough council;
“mine” has the meaning assigned to it by section 180 of the Mines and Quarries Act 19547;
“office activities” includes any activity for the purposes of administration, clerical work, handling money, telephone and telegraph operating and the production of computer software by the use of computers; and for this purpose “clerical work” includes writing, book-keeping, sorting papers, filing, typing, duplicating, machine calculating, drawing and the editorial preparation of matter for publication except where that preparation is on the premises where newspapers, magazines, periodicals or books are printed;
“pleasure craft” has the meaning assigned to it by regulation 2(1) of the Docks Regulations 1988;
“preparation dangerous for supply” has the meaning assigned to it by regulation 2(1) of the Chemicals (Hazard Information and Packaging for Supply) Regulations 19948;
“prescribed system of guided transport” means a system using a mode of guided transport prescribed by regulation 3 of the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 19949;
“quarry” has the meaning assigned to it by section 180 of the Mines and Quarries Act 1954;
“railway” means a railway or tramway with (in either case) a gauge of 350 millimetres or more or a prescribed system of guided transport;
“substance dangerous for supply” has the meaning assigned to it by regulation 2(1) of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994;
“veterinary surgery” has the meaning assigned to it by section 27 of the Veterinary Surgeons Act 196610;
“work” in relation to a gas fitting has the meaning assigned to it by regulation 2(1) of the Gas Safety (Installation and Use) Regulations 199411;
“zoo” has the meaning assigned to it by section 1(2) of the Zoo Licensing Act 198112.
(2) In these Regulations (except regulation 4(7)), unless the context otherwise requires, any reference to the enforcing authority for premises or parts of premises is a reference to the enforcing authority for the relevant statutory provisions in relation to those premises or parts, as the case may be, and to any activity carried on in them.
(3) In these Regulations, unless the context otherwise requires, any reference to—
(a)
(a) a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations so numbered; and
(b)
(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.
Local authorities to be enforcing authorities in certain cases
3.—(1) Where the main activity carried on in non-domestic premises is specified in Schedule 1, the local authority for the area in which those premises are situated shall be the enforcing authority for them, and the Executive shall be the enforcing authority in any other case including the common parts of domestic premises.
(2) Where such premises are occupied by more than one occupier each part separately occupied shall be regarded as being separate premises for the purposes of paragraph (1).
(3) While a vehicle is parked in connection with the sale from it of food, drink or other articles the vehicle together with its pitch shall be regarded as separate premises for the purposes of paragraph (1).
(4) Where paragraph (2) applies, the local authority shall be the enforcing authority for the common parts, except that—
(a)
(a) if the Executive is the enforcing authority for—
(i) all other parts of the premises, the Executive shall be the enforcing authority for the common parts;
(ii) any other part of the premises and the occupier of that part has any obligations under the relevant statutory provisions for any matters appertaining to the common parts, the Executive shall be the enforcing authority for those provisions in respect of such matters;
(b)
(b) in the case of land within the perimeter of an airport the Executive shall be the enforcing authority for the common parts—
(i) which are not within a building; or
(ii) to which passengers are admitted but other members of the public are not admitted.
(5) Paragraph (2) shall not apply to—
(a)
(a) the tunnel system within the meaning it would have in section 1(7) of the Channel Tunnel Act 198713if the words “to be” did not appear;
(b)
(b) an offshore installation within the meaning of regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulation 199514;
(c)
(c) a building or construction site, that is to say, premises where the only activities being undertaken are construction work and activities for the purposes of or in connection with such work;
(d)
(d) the campus of a university, polytechnic, college, school or similar educational establishment;
(e)
(e) a hospital;
and the Executive shall be the enforcing authority for the whole of any such premises.
(6) Notwithstanding paragraph (4), the Executive shall be the enforcing authority for the common parts in a railway station or terminal or in a goods yard which is served by a railway.
(7) This regulation shall have effect subject to regulations 4, 5 and 6.
Exceptions
4.—(1) The Executive shall be the enforcing authority for—
(a)
(a) the enforcement of any of the relevant statutory provisions against a body specified in paragraph (3) or the officers or servants of such a body;
(b)
(b) any part of premises occupied by such a body.
(2) Where premises are mainly occupied by a body specified in paragraph (3) and are partly occupied by another person for the purpose of providing services at the premises for that body, the Executive shall be the enforcing authority for the part of the premises occupied by that other person.
(3) The bodies referred to in paragraphs (1) and (2) are—
(a)
(a) a county council;
(b)
(b) any other local authority as defined in regulation 2;
(c)
(c) a parish council in England or a community council in Wales or Scotland;
(d)
(d) a police authority or the Receiver for the Metropolitan Police District;
(e)
(e) a fire authority within the meaning of section 43(1) of the Fire Precautions Act 197115;
(f)
(f) a headquarters or an...
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