Environment and Safety Information Act 1988
| Year | 1988 |
Environment and SafetyInformation Act 1988
1988 CHAPTER 30
An Act to establish public registers of certain notices served concerning health, safety and environmental protection; and for related purposes.
[29th July 1988]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Maintaining of and access to registers.
(1) An authority to which this Act applies shall—
(a) maintain a register of such notices relevant for the purposes of this Act as are served after the coming into force of this Act by the authority or by a person authorised by the authority or for whom the authority is the responsible authority;
(b) ensure that the register is adequately indexed so as to enable entries relating to any particular premises (or, where the notice does not relate to any particular premises, to any particular person) to be located;
(c) ensure that the register and the index are open to inspection by the public free of charge at all reasonable hours;
(d) on request, and upon payment of any such reasonable fee as the authority may require, supply copies of entries in the register to any person inspecting the register.
(2) Each entry in the register shall state sufficient particulars to convey the substance of the notice to which it relates.
(3) Any authority which is required to maintain a register under this section may discharge that duty by maintaining different registers containing entries relating to different areas.
(4) Any register under this section may be kept by means of a computer.
2 Interpretation.
(1) The authorities to which this Act applies are those specified in the third column of the Schedule to this Act.
(2) The ‘responsible authorities’ for the purposes of this Act are any bodies corporate authorised pursuant to section 19(1) of the Food and Environment Protection Act 1985 and, where an individual is so authorised, the responsible authority in relation to any notices served by him shall be—
(a) the Minister of Agriculture, Fisheries and Food, if the individual is employed in his Ministry and was authorised by that Minister;
(b) the Health and Safety Executive, if the individual was authorised by that Executive on behalf of that Minister or the Secretary of State;
(c) any public or local authority by whom the individual is employed, if he was authorised by that Minister or the Secretary of State; or
(d) in any other case, the Secretary of State.
(3) The notices relevant for the purposes of this Act are those served under any of the provisions specified in the fourth column of the Schedule to this Act, other than notices which impose requirements or prohibitions solely for the protection of persons at work.
(4) In this section ‘persons at work’ has the same meaning as it has in Part I of the Health and Safety at Work etc. Act 1974 .
3 Entries in registers.
(1) Where a notice is served which is relevant for the purposes of this Act, then, subject to the following provisions of this Act, the entry required to be made in the register shall be made at any time during whichever of the following periods is applicable, that is to say—
(a) where there is no right of appeal against the notice, the period of 14 days following the day on which the notice is served;
(b) where there is a right of appeal but no...
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