The Health and Safety (Enforcing Authority) Regulations 1998 (Version in vigour from 2021-05-10 to )

CurrencyNo known outstanding effects
Coming into Force10 May 2021
  • These Regulations may be cited as the Health and Safety (Enforcing Authority) Regulations 1998 and shall come into force on 1st April 1998.
  • Nothing in these Regulations applies to the enforcement of the relevant statutory provisions as they apply in relation a GB nuclear site (within the meaning given in section 68 of the Energy Act 2013) .
  • (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;
    • F26authorised defence site” means a site in England and Wales or Scotland—
      • (a) that is used for any purpose which, if section 1 of the Nuclear Installations Act 1965 applied to the Crown, would require the authority of a nuclear site licence in respect of that site; and
      • (b) for which there is in force an authorisation granted by or on behalf of the Secretary of State having responsibility for defence authorising it to be used for that purpose;
    • F5 “bus” means a motor vehicle which is designed or adapted to travel along roads and to carry more than eight passengers but which is not a tramcar;
    • F39“the CLP Regulation” means Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No. 1907/2006, of which Articles 6(5) , 11(3) , 12, 14, 18(3) (b) , 23, 25 to 29, 35(2) second and third sub-paragraphs and Annexes I to VII are to be read as amended from time to time;
    • ...
    • “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 F362015;
    • “dock premises” has the meaning assigned to it by regulation 2(1) of the Docks Regulations 1988
    • ;
    • “electricity system” does not include the consumer’s installation within the meaning of regulation 3(1) of the Electricity Supply Regulations 1988
    • ;
    • 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 1986
    • ;
    • “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;
    • F6“guided bus system” means a system of transport, used wholly or mainly for the carriage of passengers, that employs buses which for some or all of the time when they are in operation—
      • (a) travel along roads; and
      • (b) are guided (whether while on the road or at other times) by means of—
        • (i) apparatus, a structure or other device which is fixed and not part of the bus; or
        • (ii) a guidance system which is automatic;
    • “guided transport” means a system of transport, used wholly or mainly for the carriage of passengers, employing vehicles which for some or all of the time when they are in operation are guided by means of—
      • (a) rails, beams, slots, guides or other apparatus, structures or devices which are fixed and not part of the vehicle; or
      • (b) a guidance system which is automatic;
      and for this purpose “vehicle” includes a mobile traction unit;
    • F40“hazardous substance or mixture” means a substance or mixture which meets the criteria for classification within any health hazard or physical hazard class F49as provided for in the CLP Regulation;
    • “ionising radiation” has the meaning assigned to it by regulation 2(1) of F43the Ionising Radiations Regulations 2017 [SI 2017/1075];
    • “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...

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