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Health and^ Safety^ at Work
etc. Act^1974
CHAPTER 37
ARRANGEMENT OF SECTIONS
PART I
HEALTH, SAFETY AND WELFARE IN CONNECTION WITH WORK, AND CONTROL OF DANGEROUS SUBSTANCES AND CERTAIN EMISSIONS INTO THE ATMOSPHERE
Section
- Preliminary.
Preliminary
General duties
2. General duties ofemployers to theiremployees.
3. General duties of employers and self-employed to persons
other than their-employees.
4. General duties of persons concerned with premises to
persons other than their employees.
5. General duty of persons in^ control^ of certain^ premises in
relationtoharmful emissions intoatmosphere.
6. General duties of manufacturers^ etc.^ as^ regards^ articles
and substancesfor use atwork.
7. Generaldutiesofemployees atwork.
8. Duty not to interfere with^ or^ misuse^ things^ provided
pursuant tocertain provisions.
9. Duty not to charge employees^ for^ things^ done^ or^ provided
pursuantto certain specific^ requirements.
The Health andSafety Commission^ and the Health andSafety^ Executive
10. Establishment ofthe^ Commissionand^ theExecutive.
11. General functions^ ofthe^ Commissionand^ theExecutive.
12. Control ofthe Commission bythe Secretary ofState.
13. Otherpowers oftheCommission.
14. Power of the Commission to direct investigations and
inquiries.
Health andsafety regulations andapprovedcodes
ofpractice
15. Healthand^ safetyregulations.
16. Approval ofcodes^ ofpractice^ by^ the^ Commission.
17. Use ofapproved codes^ ofpractice incriminal proceedings.
A
ii c. (^37) Health andSafety at Work (^) etc. Act 1974
Section
Enforcement
18. Authorities responsible for enforcement of the relevant
statutory provisions.
19. Appointmentofinspectors.
20. Powers ofinspectors.
- Improvement (^) notices.
- Prohibitionnotices.
23. Provisions supplementary to ss. 21 and22.
24. Appeal against improvementorprohibitionnotice.
25. Power to deal withcause ofimminent danger.
26. Powerofenforcingauthoritiestoindemnifytheirinspectors.
Obtaining anddisclosure ofinformation
27. ObtainingofinformationbytheCommission,theExecutive,
enforcing authorities etc.
28. Restrictions on disclosure ofinformation.
Specialprovisions^ relating^ to^ agriculture
29. General functions of Ministers^ responsible^ for^ agriculture
in relation to therelevant agricultural purposes.
30. Agricultural healthand safetyregulations.
31. Enforcement of the relevant statutory provisions in con-
nectionwith agriculture.
32. Application ofprovisions of this Part in connection with
agriculture.
Provisions as to offences
- Offences.
34. Extension oftime for bringing summary proceedings.
- Venue.
36. Offences due to fault ofother person.
- Offences by bodies corporate.
38. Restriction on institution of proceedings in England and
Wales.
- Prosecutions by inspectors.
40. Onus ofproving limits ofwhat is practicable etc.
- Evidence.
42. Powerofcourt toorder cause ofoffence toberemedied^ or,
in certain cases, forfeiture.
Financialprovisions
- Financialprovisions,
iv c.^37 Health^ andSafety^ at^ Worketc.^ Act^1974
Section
69. Provisions^ relating^ to^ appeals^ etc.^ to^ the^ Secretary^ ofState
undercertain^ provisions.
70. Power to^ make^ building^ regulations^ for^ Inner^ London.
- Civil liability.
- Applicationto Crown.
- Applicationto^ United^ KingdomAtomic^ EnergyAuthority.
- Meaning of^ "building"^ etc.^ in^ connection^ with,^ and
construction ofreferences to, building regulations.
75. Amendment ofBuilding^ (Scotland)^ Act^ 1959.
- Construction and interpretation^ ofPart^ IIIand^ other^ pro- visions relating to building regulations.
PART IV
M1scELLANEous Arm^ GENERAL
77. Amendment ofRadiological ProtectionAct^ 1970.
78. Amendment ofFire Precautions^ Act^ 1971.
79. AmendmentofCompanies Acts^ as^ to^ directors'^ reports.
- General power^ to^ repeal^ or^ modify^ Acts^ and^ instruments.
- Expenses and^ receipts.
- General provisions^ as^ to^ interpretationand^ regulations.
83. Minorand^ consequential^ amendments,and^ repeals.
84. Extent, and^ application^ ofAct.
- Short title^ and^ commencement.
SCHEDULES:
Schedule 1-Existing enactments which are relevant
statutory provisions.
Schedule 2-Additional^ provisions^ relating^ to^ con-
stitution etc. of the Commission and
Executive.
Schedule 3-Subject-matter of^ health and^ safety
regulations. Schedule 4-ModificationsofPart Iin connection with agriculture.
Schedule 5-Subject-matterofbuildingregulations.
Schedule 6-Amendments of enactments relating to
buildingregulations.
Schedule 7-Amendments of Building (Scotland) Act
Schedule 8-Transitional^ provisions withrespect^ tofire
certificates under Factories Act^1961 or Offices, Shopsand Railway Premises Act
Schedule 9-Minorand consequentialamendments.
Schedule 10-Repeals.
ELIZABETH (^) II
c.37 (^) I
Health and Safety at Work
etc. Act 1974
1974 CHAPTER 37
AnActtomake further provision forsecuring thehealth,
safety (^) and welfare ofpersons at work, for protecting
others against risks to health or safety in connection
withtheactivities ofpersonsatwork, forcontrollingthe
keepinganduseandpreventingtheunlawfulacquisition, possession (^) and use of dangerous substances, and for
controlling certain emissions into the atmosphere; to
makefurtherprovision withrespecttothe employment
medicaladvisory service; to amend the law relating to
building regulations, and the Building (Scotland) Act
1959; and for connectedpurposes. [31stJuly 1974]
BE IT ENACTED by the Queen's mostExcellentMajesty, by and
with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present, Parliament
assembled, andby theauthority ofthesame, as follows:
PART I
HEALTH, (^) SAFETY AND WELFARE IN CONNECTION WITH WORK, AND (^) CONTROL OF DANGEROUS SUBSTANCES AND CERTAIN EMISSIONS INTO THE^ ATMOSPHERE
Preliminary
1.=(l) The provisions of this Part shall have effect with a Preliminary.
view (^) to-
(a) securing the health, safety and welfare^ of^ persons^ at
work;
(b) protecting persons other than persons at^ work^ against
risks to health or safety^ arising^ out^ of^ or^ in^ con-
nection with the activities^ of^ persons^ at^ work;
A
Health and (^) Safety at Work etc. Act 1974 c. 37
(d) so far as is reasonably practicable as regards any place
of work under the employer's control, the maintenance
of it in a condition that is safe and without risks to
health (^) and the provision and maintenance of means
of access^ to and egress from it that are safe and with-
out (^) such risks; (e) the provision and maintenance of a working (^) environ-
ment for his employees that is, so far as is reasonably
practicable, (^) safe, without (^) risks to health, (^) and adequate
as regards facilities and arrangementsfor their welfare
at work.
(3) Except in such cases as may be prescribed, it shall be the
duty of every employer to prepare and as often as may be
appropriate revise a written statement of his general policy with
respect to the health and safety at work of his employees and
the organisation and arrangements for the time being in force
for carryingout that policy, and to bring the statement and any
revision of it to the notice of all of his employees.
(4) Regulations made by the Secretary of State may provide
for the appointment in prescribed cases by recognised trade
unions (within the meaning of the regulations) of safety repre-
sentatives from amongsttheemployees, andthose representatives
shall represent theemployees in consultationswiththe employers
under subsection (6) below and shall have^ such other functions
as may be prescribed.
(5) Regulations made by the Secretary (^) of State may provide for the election in prescribed cases by employees of safety
representatives from amongst the employees, and those repre-
sentativesshall represent the employees in consultations with the
employers under subsection (6) below and may have such other
functions as may be prescribed.
(6) It shall^ be^ theduty^ of^ every^ employer^ to^ consult^ any^ such
representatives with^ a^ view^ to^ the^ making^ and^ maintenance^ of
arrangements which^ will^ enable^ him^ and^ his^ employees^ to^ co-
operate effectively in^ promoting^ and^ developing^ measures^ to
ensure the health and^ safety^ at^ work^ of^ the^ employees,^ and^ in
checking the effectiveness of^ such^ measures.
(7) In such cases as^ may^ be^ prescribed^ it^ shall^ be^ the^ duty^ of
every employer, ifrequested todo^ so^ bythe^ safetyrepresentatives
mentioned in subsections (4)^ and^ (5)^ above,^ to^ establish,^ in
accordance with regulations^ made^ by^ the^ Secretary^ of^ State,
a safety committee having^ the^ function^ of^ keeping^ underreview
the measurestaken^ toensure^ the^ health^ andsafety^ at^ work^ of^ his
employees and such other functions as^ may^ beprescribed.
PART I
3
A
4 c. 37 Health^ andSafety^ at^ Work^ etc.^ Act^1974
PART I 3.-(1) It shall be the duty of every employer to conduct his
Generalduties undertaking in such a way as to ensure,^ so^ far^ as^ is^ reasonably ofemployers (^) practicable, (^) that persons not in his employment who may be and self- (^) affected thereby are not thereby exposed to (^) risks to their health employed to persons other or^ safety. thantheir (^) (2) (^) Itshallbethe duty ofeveryself-employed persontoconduct employees. his undertakingin^ such^ away^ as^ to^ ensure,^ so^ faras^ is^ reasonably practicable, that^ he^ and^ other^ persons^ (not^ being^ his^ employees) who may^ be^ affected^ thereby^ are^ not^ thereby^ exposed^ to^ risks to their health^ or^ safety.
(3) In^ such^ cases^ as^ may^ be^ prescribed,^ it^ shall^ be^ the^ duty
of every employer and every self-employed person, in the prescribed circumstances^ and^ in^ the^ prescribed^ manner,^ to give to^ persons^ (not^ being^ his^ employees)^ who^ may^ be^ affected by the way in^ which he^ conducts^ his^ undertaking^ the^ prescribed information about such^ aspects^ of^ the^ way^ in^ which he conducts his undertaking as might^ affect their^ health or safety.
General 4.---(1) This section has effect for imposing on persons duties
duties of (^) in relation tothose who- persons (^) (a) (^) are nottheir emptoyees ; but concerned with premises (^) (b) use non-domestic premises made available (^) to them as a topersons (^) place of work or as a place where (^) they may use plant otherthan (^) or (^) substances provided their for^ theiruse^ there, employees. (^) and applies to (^) premises so made available and other non- domestic premises^ used^ in^ connection withthem. (2) Itshall be the duty of each person who (^) has, to any extent, control ofpremises to which this section (^) applies or of the means of access thereto or egress therefrom or of any plantor (^) substance
in such premises to take such measures as itis reasonable for a
person in his position to take to ensure, so far (^) as is (^) reasonably practicable, that the premises, (^) all means of access thereto or
egress therefrom availablefor use by persons using the premises,
and any plant or substance in the (^) premises or, as the case (^) may be, provided for use there, (^) is or are safe and without (^) risks to health. (3) (^) Where a person has, by virtue ofany contract (^) or tenancy, an obligation (^) ofany (^) extent in relationto- (a) (^) the maintenance (^) or repair of any premises (^) to which this section (^) applies or any means of access (^) thereto or, egress therefrom (^) ; or (b) :the safety (^) of or the absence (^) of risks to health (^) arising from plant (^) or substances in (^) any such premises ;
that person shall be treated, for the purposes of subsection (2)
above, as being (^) a person who (^) has control of the matters (^) to whichhis (^) obligationextends.
6 c.^37 Health^ andSafety^ at^ Work^ etc.^ Act^1974
PART I or arrange for the carrying out of any necessary research^ with^ a
view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to^ health^ or^ safety to which the design or article maygive rise.
(3) It shall be the duty of any person who erects^ or^ installs
any article for use at work in any premises where^ that article
is tobeused by persons at worktoensure, so far as is reasonably
practicable, that nothing about the way in which itis erected^ or
installed makes itunsafe or a risk to health when^ properly^ used.
(4) It^ shall^ be^ the^ duty of any person^ who^ manufactures, imports (^) or supplies any substance for use at work- (a) to (^) ensure, so far as is reasonably practicable, that the substance is safe (^) and without risks to (^) health when properly used ;
(b) to carry out or arrange for the carrying out of such
testing and examination as may be necessary for the performance of the duty imposed on him by the pre- ceding paragraph; (c) to take (^) such steps as are necessary (^) to secure that there
will be available in connection with the use of the
substance at work adequate information about the results of any relevant tests which have (^) been carried out on or in connection with the (^) substance and about
any conditions necessary to ensure that it will be
safe and without risks to health (^) when properly used.
(5) It shall be the duty of any person who undertakes the
manufacture of any substance for use at work to carry out or
arrange for the carrying out of any necessary research with a
view to the discovery and, so far as is reasonably (^) practicable,
the elimination or minimisation of any risks to health or safety
to which the substance may^ give rise. (6) Nothing in (^) the preceding provisions of this (^) section shall be taken to require a person to repeat any testing, examination or research^ which has been carried out otherwise (^) than by him
or at his instance, in so far as it is reasonable for him to rely
on the results thereof for the purposes of those provisions.
(7) Any duty imposed on any person by any (^) of the preceding provisions of this section shall extend only to things (^) done in the course of a trade, business or other undertaking (^) carried (^) on
by him (whether for^ profit^ or^ not)^ and^ to matters within his
control.
(8) Where a person designs, manufactures, imports (^) or supplies
an article for or to another on the basis of a writtenundertaking
by that other to take specified steps sufficient to ensure, (^) so far
as is reasonably practicable, that the article will be safe and
Health andSafety at Work etc. Act 1974 c. 37 7
without risks to health when properly used, the undertaking PART I
shall have the effect of relieving the first-mentioned (^) person
from the duty imposed by subsection (1)(a) above to such
extent as is reasonable having regard to the terms of (^) the under- taking.
(9) Where a person ("the ostensible supplier") supplies any
article for use at work or substance for use at work to another
("the customer") under a hire-purchase agreement, conditional
sale agreement or credit-sale agreement, and the ostensible
supplier-
(a) carries on (^) the business of financing the acquisition of
goods by others by means of such agreements ; and
(b) in the course of that business acquired his interest in
the article (^) or substance supplied to the customer as a meansof financingits acquisitionby the customerfrom
a thirdperson (" theeffective supplier"),
the effective supplier and not the ostensible supplier shall be
treated for the purposes of this section as supplying the article or substance to the^ customer, and any duty imposed by the precedingprovisionsof thissection (^) on suppliersshall accordingly
fall on the effective supplier and not on the ostensible supplier.
(10) For the purposes of this section an article or substance
is not to be regarded as properly used where it is used without
regard to any relevant information or advice relating to its use
which has been made available by a person by whom it was
designed, manufactured, imported or supplied.
- It shall (^) be the duty of every employee while at work-General duties
(a) to take reasonable care for the health and safety of
ofwork
yees
himself and of other persons who may be affected by
hisacts or omissions at work; and
(b) as regards any duty or requirement imposed on his
employer or any other person by or under any of the
relevant statutoryprovisions, toco-operate withhim so
far as is necessary to enable that duty or requirement
to be performed or complied with.
- No person shall intentionally or recklessly interfere withPuty (^) or or misuse anything provided in the interests^ of^ health,^ safetyna-punu4nt
or welfare in pursuance of any of^ the^ relevant^ statutory^ to^ certain
provisions.
provisions.
9. No employer shall levy or^ permit^ to^ be^ levied^ on^ anyDu employeesy for
employee of his any charge in respect^ of^ anything^ done^ orprosdoneponuant
provided inpursuance of anyspecificrequirementof^ the^ relevantwrequirements.certain^ specific
statutory provisions.
Health and Safety at Work etc. (^) Act 1974 c. 37 9
(2) It shall (^) be the duty of the Commission, except as PARTI
aforesaid-
(a) to assist and encourage (^) persons concerned with matters relevant to (^) any of the general purposes of this Part to further those (^) purposes ;
(b) to make such arrangements as it considers appropriate
for the carrying out ofresearch, the publication of the
results (^) of research and the (^) provision of training and information in connection with those purposes, (^) and to encourage research (^) and the provision of (^) training and information inthat connection by others
(c) to make such arrangements as it considers appropriate
for securing that government (^) departments, employers. employees, organisations representing (^) employers and employees respectively, and other persons (^) concerned with matters (^) relevant to any of those purposes are provided with (^) an information and advisory service and (^) are kept (^) informed of, and adequately advised on, such matters (^) ; (d) to submit from (^) time to time to the authority having power to make (^) regulations under any of the relevant statutory (^) provisions such proposals as the Com- mission considers appropriate for the making of regulations under thatpower.
(3) Itshall (^) be the duty (^) ofthe Commission-
(a) to submit to the Secretary of State from time to time
particulars of what it proposes to do for the purpose
of performing its functions; and (b) subject to the following paragraph, to ensure that its activities (^) are in accordance with proposals approved
by the Secretary ofState; and
(c) to give effect to any directions given to it by the
Secretary of State.
(4) Inaddition toany other functions conferred on the Execu-
tive byvirtue of this Part, itshallbe the duty of the Executive-
(a) to exercise on behalf of the Commission such^ of^ the
Commission's functions as the Commission directs^ it
toexercise; and
(b) to give effect^ to any^ directions^ given^ to^ it^ by^ the^ Com-
mission otherwise than in pursuance of^ paragraph^ (a)
above ;
but, except for the purpose^ of^ giving^ effect^ to^ directions^ given
to the (^) Commission by the Secretary of^ State,^ the^ Commission shall not (^) give to the Executive any^ directions^ as^ to^ the^ enforce- ment of any of the relevant statutory^ provisions^ in^ a^ particular case.
10 c.^37 Health^ andSafety^ at^ Work^ etc.^ Act^1974
PART I (5) Without prejudice to subsection (2) above, it^ shall^ be^ the
duty of the Executive, if so requested by a^ Minister^ of^ the
Crown-
(a) (^) to provide him with information about the activities of the Executivein connection withany matterwith which he is concerned ; and (b) to provide him with advice on any matter^ with^ which he is concerned on which relevant expert advice^ is obtainable from any of the officers or servants of^ the Executive but which is not relevant to any of the general purposes (^) of this Part. (6) The Commission and the Executive shall, subject to any
directions given to it in pursuance of this Part, have power to
do anything (except borrow money) which is calculated to facilitate, or is conducive or incidental to, the performance of
any function of the Commission or, as the case may be, the
Executive (including a function conferred on it by virtue of this
subsection).
Control ofthe Commission bythe Secretary ofState.
Otherpowers ofthe Commission.
- The Secretary of State may- (a) approve, with or without modifications, any proposals submitted to (^) him in pursuance (^) of section 11(3)(a) ;
(b) give^ to^ the^ Commission^ at^ any^ time^ such^ directions
as he thinks fit with respect to its functions (including
directions modifying its functions, (^) but not directions
conferring on it functions other than any of which it
was deprived by previous directions (^) given by virtue of
this paragraph), and any directions which it appears
to him requisite or expedient to give in (^) the interests of the safety ofthe State.
13.-(1) The Commission shall have power-
(a) to make agreements with any (^) government department or other person for that (^) department or person (^) to per- form on behalf of the Commission (^) or the Executive (with or without payment) (^) any of the functions (^) of the Commission or, as the case may (^) be, of the (^) Executive; (b) subject to subsection (2) below, to (^) make agreements with any Minister of the Crown, government (^) depart- ment or other public authority for the (^) Commission (^) to perform on behalf of that Minister, (^) department or authority (with or without payment) (^) functions exercis- able by the Minister, department (^) or authority (includ- ing, in the case ofa Minister, (^) functions notconferred (^) by an enactment),^ being functions which in the (^) opinion of the Secretary of State can appropriately (^) be per- formed by the Commission in connection with (^) any of the Commission's functions ;
(^12) c. (^37) Health andSafety at Work etc. Act 1974
PART I (b) with the consent of the Secretary of State direct an
inquiry to be held into any such matter^ ; but (^) shall not do so in any particular case that appears to the Commission (^) to involve only matters relating exclusively to agricultural operations.
(3) Any inquiry held by virtue of subsection (2)(b)^ above shall
be held in accordance with regulations made for the purposes
of this subsection by (^) the Secretary of State, and shall be held in public except where or to the extent that the regulations provideotherwise.
(4) Regulations made^ for^ the^ purposes^ of^ subsection^ (3)^ above
may in particularinclude provision-
(a) conferring on the person holding any such inquiry, and any personassisting^ himinthe^ inquiry,powers^ of^ entry and inspection ; (b) conferring on any such person powers of (^) summoning witnesses to give evidence or produce documents and power to take evidence on oath and administer oaths orrequire the (^) making of (^) declarations; (c) requiring any such inquiry to be held otherwise than in public where or to the extent that a Minister of the Crown so directs.
(5) Inthe case ofa special reportmade byvirtue ofsubsection
(2)(a) above or a report made by the person holding (^) an inquiry held by virtue of subsection (2)(b) above, the (^) Commission may
cause the report, or so much of it as the Commission thinks fit,
to be made public at such time and in such manner (^) as the Commission thinks fit.
(6) The^ Commission-
(a) in the case of an investigation^ and special report made by virtue of subsection (2)(a) above (otherwise than by an officer or servant of^ the Executive),^ may pay (^) to
the person making^ it^ such^ remuneration^ and expenses
as the Secretary of^ State^ may,^ with^ the approval (^) of the Minister for the Civil^ Service,^ determine ; (b) in the case of^ an^ inquiry^ held^ by^ virtue of subsection
(2)(b) above, may^ pay^ to^ the^ person^ holding it and to
any assessor appointed to assist him such remuneration and expenses, and to persons attending the inquiry (^) as witnesses such^ expenses,^ as^ the^ Secretary^ of^ State may, with the like approval, determine ; and (c) may,^ to^ such^ extent^ as^ the^ Secretary^ of^ State^ may^ deter-
mine, defray the other costs, if any, of any such
investigation and special reportor inquiry.
Health and Safety at Worketc. Act 1974 c. 37 13
(7) Where an inquiry is directed to be held by virtue of PARTI
subsection (2)(b)^ above into any matter to which this section
applies arising in Scotland, being a matter which causes (^) the
death of any person, no inquiry with regard to that death shall,
unless the Lord Advocate otherwise directs, be held in pur-
suance ofthe FatalAccidentsInquiry (Scotland) Act 1895. 1895 c.
Health and safety regulations andapprovedcodes of practice
15.-(1) Subject to the provisions of section 50, the Secretary Healthand
of State shall have powerto make regulations under this section safety (in this part referred to as "health and safety regulations ") forregulations. any of the general purposes of this Part except as regards matters relating exclusively to agricultural operations.
(2) Without prejudice to the generality of the preceding sub-
section, health and safety regulations may for any of the general
purposes of this Part make provision for any of the purposes
mentioned in Schedule 3.
(3) Health and safety regulations-
(a) may^ repeal^ or modify^ any^ of^ the existing statutory provisions;
(b) (^) may exclude or modify inrelation to any (^) specified class of case any of the provisions of sections (^2) to 9 or any of the existing^ statutory^ provisions^ ; (c) may make a specified authority or class of authorities
responsible, to^ such extent^ as^ may be specified, for
the enforcement of any of the relevant statutory provisions.
(4) Healthand safety regulations-
(a) may impose requirements by reference to^ the approval of the Commission or any other specified^ body^ or person ;
(b) may provide for references in^ the^ regulations^ to^ any
specified document to operate as^ references^ to^ that document as^ revised^ or^ re-issued^ from^ time^ to^ time.
(5) Health and safetyregulations-
(a) may provide (either unconditionally^ or^ subject^ to^ con-
ditions, and with or^ without^ limit^ of^ time)^ for
exemptions from any^ requirement^ or^ prohibition imposed by^ or^ under^ any^ of^ the^ relevant^ statutory provisions ;
(b) may enable exemptions^ from^ any^ requirement^ or^ pro- hibition imposed^ by^ or^ under^ any^ of^ the^ relevant
Health andSafety at Work (^) etc. Act1974 c.37 15
16.-(1) For the purpose of providing practical guidance with PART I
respect to the requirements of any provision ofsections 2 to 7 or (^) Approval
ofhealth andsafety regulations orofany oftheexisting statutoryofcodes of
provisions, the Commission may, subject to the following sub-practice section and except as regards matters relating exclusively to (^) Commission.
agricultural operations-
(a) approve and issue such codes of practice (whether pre-
pared by itor not) as in its opinion are suitablefor that
purpose ; (b) approve such codes of practice issued or proposed tobe issued (^) otherwise than (^) by the Commission as in its
opinion are suitable forthatpurpose.
(2) The Commission shall not approve a code of practice
under subsection (1) above without the consent of the (^) Secretary
ofState, and shall, before seekinghis consent, consult-
(a) any government department or other body that (^) appears to the Commission to be appropriate (and, in par- ticular, in the case of a code relating to electro- magnetic radiations, the National Radiological Protection Board); and
(b) such government departments^ and other bodies, if any,
as in relation (^) to any matter dealt with in (^) the code, the Commission is required (^) to consult under this (^) section
by virtue of directions given to it by the Secretary of
State.
(3) Where^ a^ code^ of^ practice^ is^ approved^ by^ the^ Commission under subsection (1) above, the Commission shall issue a notice
in writing-
(a) identifying the code in question and stating the date on
which its approval by theCommission is to take effect ; and
(b) specifying for which of the provisions mentioned in
subsection (1) above the code is^ approved.
(4) The Commissionmay- (a) from time to time revise the whole or any part of any
code of practice prepared by it in pursuance of^ this
section ; (b) approve any revision or^ proposed^ revision^ of^ the^ whole
or any part of any^ code of practice^ forthe,^ time^ being
approved under this^ section;
and the provisions of^ subsections^ (2)^ and^ (3)^ above^ shall,^ with
the necessary modifications,^ apply^ in^ relation^ to^ the^ approval of any revision under this^ subsection^ as^ they^ apply^ in^ relation to the approval ofa code of practiceunder^ subsection^ (1)^ above.
16 c.^37 Health^ andSafety^ at^ Work^ etc.^ Act^1974
PART I (5) The Commission^ may^ at^ any^ time^ withthe^ consent^ of^ the
Secretary of State withdraw^ its^ approval^ from^ any^ code^ of^ prac- tice approved under^ this^ section,^ but^ before^ seeking^ his^ consent shall consult the^ same^ government^ departments^ and^ other
bodies as it would be^ required^ to^ consult^ under^ subsection^ (2)
above if it were proposing to^ approve^ the^ code.
(6) (^) Where under the preceding subsection^ the^ Commission withdraws its^ approval^ from^ a^ code^ of^ practice^ approved^ under this section, the^ Commission^ shall^ issue^ a^ notice^ in^ writing identifying the^ code^ in^ question^ and^ stating^ the^ date^ on^ which
its approval ofitistocease^ tohave^ effect.
(7) References in this Part^ to^ an^ approved^ code^ ofpractice^ are
references to that code as it has effect for^ the^ time^ being^ by
virtue of any revision of the whole or^ any^ part^ of^ it^ approved
under this section. (8) The^ power^ of^ the^ Commission^ under^ subsection^ (1)(b) above to^ approve^ a^ code^ of^ practice^ issued^ or^ proposed^ to^ be issued otherwise than^ by^ the^ Commission^ shall^ include^ power^ to approve a part of such a code of practice ; and accordingly in this Part "code of practice" may be read as including a part of such a code of practice.
Use of approved codes of practice in criminal proceedings.
17.-(1) A failure on the part of any person to observe any
provision of an approved code of practice shall not (^) of itself render him liabletoany civilor criminal proceedings (^) ; but where in any criminal proceedings^ a^ party^ is^ alleged tohave committed an (^) offence by reason of a contravention (^) of any requirement or prohibition imposed by or under any (^) such provision as (^) is
mentioned in section 16(1) being a provision for which there
was an approved code of practice (^) at the time of the (^) alleged contravention, the^ following subsection shall have (^) effect with respect to that code in relation to those proceedings.
(2) Any^ provision^ of^ the^ code of practice (^) which appears to the courtto be relevant to the requirement or prohibitionalleged to have been contravened shall be admissible (^) in evidence (^) in the proceedings ; and if^ it is proved that there (^) was at any (^) material time a failure^ to observe any provision (^) of the code (^) which
appears to the court to be relevant to any matter which it is
necessary for the prosecution to prove in order to establish a
contravention of that requirement (^) or prohibition, (^) that matter shall be taken as proved unless (^) the court is satisfied (^) that (^) the requirement or prohibition was (^) in respect of (^) that (^) matter complied with otherwise than (^) by way of observance (^) of (^) that provision of the code.
(3) In any criminal proceedings-
(a) (^) a document purporting to (^) be a notice issued (^) by the Commission under section (^16) shallbe taken (^) tobe such a notice unless (^) the contrary is proved (^) ; and
