UKPGA-2008-20 — Health and Safety (Offences) Act 2008

preamble

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:—

s. 1 — Health and safety offences: mode of trial and maximum penalty

s. 1(1)

In section 33 of the Health and Safety at Work etc. Act 1974 (c. 37) (offences), for subsections (1A) to (4) there is substituted—

s. 1(2)

After Schedule 3 to that Act there is inserted the Schedule 3A set out in Schedule 1 to this Act.

s. 1(3)

In Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9)) (offences), for paragraphs (1A) to (5) there is substituted—

s. 1(4)

After Schedule 3 to that Order there is inserted the Schedule 3A set out in Schedule 2 to this Act.

s. 2 — Consequential amendments and repeals

s. 2(1)

Schedules 3 (consequential amendments) and 4 (repeals) have effect.

s. 2(2)

The Secretary of State may make any amendments to existing regulations that he or she considers necessary or expedient in consequence of the amendments made by section 1(1) and (2).

s. 2(3)

The power conferred by subsection (2) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

s. 2(4)

The Department concerned (within the meaning given in Article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))) may make any amendments to existing regulations that it considers necessary or expedient in consequence of the amendments made by section 1(3) and (4).

s. 2(5)

The power conferred by subsection (4) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). Such a rule is subject to negative resolution within the meaning of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).

s. 2(6)

In this section “existing regulations” means regulations made before the passing of this Act.

s. 3 — Short title, commencement and extent

s. 3(1)

This Act may be cited as the Health and Safety (Offences) Act 2008.

s. 3(2)

This Act comes into force at the end of the period of three months beginning with the day on which it is passed.

s. 3(3)

This Act does not apply to offences committed before it comes into force.

s. 3(4)

This Act extends to England and Wales, Scotland and Northern Ireland (except that an amendment or repeal made by this Act has the same extent as the provision to which it relates).

Sch 1

New Schedule 3A to the Health and Safety at Work etc. Act 1974

Sch 2

New Schedule 3A to the Health and Safety at Work (Northern Ireland) Order 1978

Sch 3

Consequential amendments

Explosives Act 1875 (c. 17)

Sch 3 para 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health and Safety at Work etc. Act 1974 (c. 37)

Sch 3 para 2

Sch 3 para 2(1)

In section 15 (health and safety regulations), subsection (6)(e) is omitted.

Sch 3 para 2(2)

In section 42 (remedy and forfeiture), after subsection (3) there is inserted—

Sch 3 para 2(3)

In subsection (4) of that section, for the words from “a person” to “there mentioned” there is substituted “ the person is convicted of the offence ”

Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))

Sch 3 para 3

Sch 3 para 3(1)

In Article 17 (health and safety regulations), paragraph (6)(e) is omitted.

Sch 3 para 3(2)

In Article 39 (remedy and forfeiture), after paragraph (3) there is inserted—

Sch 3 para 3(3)

In paragraph (4) of that Article, for the words from “a person” to “there mentioned” there is substituted “ the person is convicted of the offence ”.

Activity Centres (Young Persons' Safety) Act 1995 (c. 15)

Sch 3 para 4

In section 2 (offences), in subsection (4)(f), for “, and (2) to (4)” there is substituted “ and (2) (and the related provisions of Schedule 3A) ”.

Activity Centres (Young Persons' Safety) (Northern Ireland) Order 1998 (S.I. 1998/1069 (N.I. 5))

Sch 3 para 5

In Article 4 (offences), in paragraph (4)(f), for “, (2), (2A), (4) and (5)” there is substituted “ and (2) (and the related provisions of Schedule 3A) ”.

Sch 4

Repeals