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Health and Safety at Work (Offences) Bill


Health and Safety at Work (Offences) Bill

    1

 

A

Bill

To

Make provision about the prosecution and punishment of offences which are,

or are treated as being, offences under the Health and Safety at Work etc. Act

1974 or the Employers’ Liability (Compulsory Insurance) Act 1969. 

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     Health and safety offences

     (1)    In section 33 of the Health and Safety at Work etc. Act 1974 (c. 37) (offences) the

following shall be substituted for subsections (1A) to (4)—

           “(2)              Schedule 6A (which specifies the mode of trial and maximum penalty

for the offences specified) shall have effect.

5

           (3)              Schedule 6A is subject to any provision made by virtue of section

15(6)(c) or (d).

           (4)              If regulations under section 2(2) of the European Communities Act 1972

(c. 68) apply this section (whether expressly or by implication)

paragraph 1(1)(d) of Schedule 2 to that Act (maximum penalty) shall

10

not apply.”

     (2)    Before Schedule 7 there shall be inserted the new Schedule 6A which is set out

in Schedule 1 to this Act.

 2     Employers’ insurance offences

     (1)    Section 5 of the Employers’ Liability (Compulsory Insurance) Act 1969 (c. 57)

15

(offence of failure to insure) shall be amended as follows.

     (2)    The words “on any day” shall cease to have effect.

     (3)    For “level 4 on the standard scale” substitute “£20,000”.

     (4)    At the end of the section (which becomes subsection (1)) insert—

 
Bill 3853/2
 
 

Health and Safety at Work (Offences) Bill

    2

 

           “(2)              The Secretary of State may by order substitute an increased amount for

the amount for the time being specified in subsection (1).

           (3)              An order under subsection (2)—

                  (a)                 shall be made by statutory instrument,

                  (b)                 shall be subject to annulment in pursuance of a resolution of

5

either House of Parliament, and

                  (c)                 shall not apply to an offence committed before the order comes

into force.

           (4)              Notwithstanding section 127(1) of the Magistrates’ Courts Act 1980 (c.

43) (time limit for summary proceedings) an information relating to an

10

offence under this section which is triable by a magistrates’ court in

England and Wales may be tried if laid—

                  (a)                 within the period of five years beginning with the date on which

the offence is alleged to have been committed, and

                  (b)                 within the period of six months beginning with the date on

15

which evidence sufficient in the opinion of the prosecutor to

justify the proceedings comes to his knowledge.

           (5)              Notwithstanding section 136(1) of the Criminal Procedure (Scotland)

Act 1995 (c. 46) (time limit for commencement of statutory summary

offences) proceedings for an offence under this section may be

20

commenced in Scotland—

                  (a)                 within the period of five years beginning with the date on which

the offence is alleged to have been committed, and

                  (b)                 within the period of six months beginning with the date on

which evidence sufficient in the opinion of the prosecutor to

25

justify the proceedings comes to his knowledge.

           (6)              For the purposes of subsections (4) and (5)—

                  (a)                 a certificate of the prosecutor stating the date mentioned in

subsection (4)(b) or (5)(b) shall be conclusive evidence of it, and

                  (b)                 a document purporting to be a certificate under paragraph (a)

30

shall be treated as such unless the contrary is proved.”

 3     Amendments and repeals

     (1)    Schedule 2 (consequential amendments) shall have effect.

     (2)    The enactments listed in Schedule 3 are hereby repealed to the extent specified.

 4     Commencement

35

     (1)    This Act shall have effect in relation to an offence committed or alleged to have

been committed after the end of the period of two months beginning with the

day on which this Act is passed.

     (2)    Section 33(4) of the Health and Safety at Work etc. Act 1974 (c. 37) (as inserted

by section 1 above) shall have effect in relation to regulations whenever made.

40

 5     Extent

This Act does not extend to Northern Ireland.

 

 

Health and Safety at Work (Offences) Bill

    3

 

 6     Short title

This Act may be cited as the Health and Safety at Work (Offences) Act 2003.

 

 

4

Health and Safety at Work (Offences) Bill
Schedule 1 — New Schedule 6A to the Health and Safety at Work etc. Act 1974 - Prosecution and Punishment

 

Schedules

Schedule 1

Section 1

 

New Schedule 6A to the Health and Safety at Work etc. Act 1974 - Prosecution

and Punishment

SCHEDULE 6A

5

PROSECUTION AND PUNISHMENT

 

Item

Offence

Mode of trial

Penalty on summary

Penalty on

 
    

conviction

conviction on

 
     

indictment

 
 

1

An offence under section

Either way.

Imprisonment for a term

Imprisonment

 

10

  

33(1)(a) consisting of the

 

not exceeding six months,

for a term not

 
  

failure of a person to

 

a fine not exceeding

exceeding two

 
  

discharge a duty to which

 

£20,000, or both.

years, a fine, or

 
  

he is subject by virtue of

  

both.

 
  

sections 2 to 6.

    

15

 

2

An offence under section

Either way.

Imprisonment for a term

Imprisonment

 
  

33(1)(a) consisting of the

 

not exceeding six months,

for a term not

 
  

failure of a person to

 

a fine not exceeding the

exceeding two

 
  

discharge a duty to which

 

statutory maximum, or

years, a fine, or

 
  

he is subject by virtue of

 

both.

both.

 

20

  

section 7.

    
 

3

An offence under section

Either way.

Imprisonment for a term

Imprisonment

 
  

33(1)(b) consisting of a

 

not exceeding six months,

for a term not

 
  

contravention of section

 

a fine not exceeding

exceeding two

 
  

8.

 

£20,000, or both.

years, a fine, or

 

25

     

both.

 
 

4

An offence under section

Either way.

A fine not exceeding

A fine.

 
  

33(1)(b) consisting of a

 

£20,000.

  
  

contravention of section

    
  

9.

    

30

 

5

An offence under section

Either way.

Imprisonment for a term

Imprisonment

 
  

33(1)(c).

 

not exceeding six months,

for a term not

 
    

a fine not exceeding

exceeding two

 
    

£20,000, or both.

years, a fine, or

 
     

both.

 

35

 

6

An offence under section

Summary

A fine not exceeding level

/

 
  

33(1)(d).

only.

5 on the standard scale.

  
 

7

An offence under section

Either way.

Imprisonment for a term

Imprisonment

 
  

33(1)(e), (f) or (g).

 

not exceeding six months,

for a term not

 
    

a fine not exceeding

exceeding two

 

40

    

£20,000, or both.

years, a fine, or

 
     

both.

 
 

 

Health and Safety at Work (Offences) Bill
Schedule 2 — Consequential Amendments

    5

 
 

Item

Offence

Mode of trial

Penalty on summary

Penalty on

 
    

conviction

conviction on

 
     

indictment

 
 

8

An offence under section

Summary

Imprisonment for a term

/

 
  

33(1)(h).

only.

not exceeding six months,

  

5

    

a fine not exceeding level

  
    

5 on the standard scale, or

  
    

both.

  
 

9

An offence under section

Either way.

A fine not exceeding the

A fine.

 
  

33(1)(i).

 

statutory maximum.

  

10

 

10

An offence under section

Either way.

Imprisonment for a term

Imprisonment

 
  

33(1)(j).

 

not exceeding six months,

for a term not

 
    

a fine not exceeding the

exceeding two

 
    

statutory maximum, or

years, a fine, or

 
    

both.

both.

 

15

 

11

An offence under section

Either way.

Imprisonment for a term

Imprisonment

 
  

33(1)(k), (l) or (m).

 

not exceeding six months,

for a term not

 
    

a fine not exceeding

exceeding two

 
    

£20,000, or both.

years, a fine, or

 
     

both.

 

20

 

12

An offence under section

Summary

A fine not exceeding level

/

 
  

33(1)(n).

only.

5 on the standard scale.

  
 

13

An offence under section

Either way.

Imprisonment for a term

Imprisonment

 
  

33(1)(o).

 

not exceeding six months,

for a term not

 
    

a fine not exceeding

exceeding two

 

25

    

£20,000, or both.

years, a fine, or

 
     

both.

 
 

14

An offence under any of

Either way.

Imprisonment for a term

Imprisonment

 
  

the existing statutory

 

not exceeding six months,

for a term not

 
  

provisions, being an

 

a fine not exceeding

exceeding two

 

30

  

offence for which no

 

£20,000, or both.

years, a fine, or

 
  

other penalty is specified.

  

both.

 
 

Schedule 2

Section 3

 

Consequential Amendments

The Explosives Act 1875 (c. 17)

35

  1       (1)      The Explosives Act 1875 shall be amended as follows.

          (2)      In section 40(9)(d) (explosives other than gunpowder) (so far as that

paragraph continues to have effect) the reference to section 33(3) of the

Health and Safety at Work etc. Act 1974 (c. 37) (offences: penalties) shall be

treated as a reference to Item 14 of Schedule 6A to that Act.

40

          (3)      In section 43 (importation or sale of specially dangerous explosives) for

“section 33(3) of” substitute “Item 14 of Schedule 6A to”.

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

  2       (1)      The Health and Safety at Work etc. Act 1974 shall be amended as follows.

          (2)      Section 15(6)(e) (power to increase penalties for offences under regulations

45

made for offshore purposes) shall cease to have effect.

 

 

Health and Safety at Work (Offences) Bill
Schedule 3 — Schedule Title

    6

 

          (3)      In section 42 (remedy and forfeiture)—

              (a)             after subsection (3) insert—

                    “(3A)                      Subsection (4) below applies to an offence—

                           (a)                          which is an offence under section 33(1)(c) or under

any of the existing statutory provisions, and

5

                           (b)                          which consists of acquiring, attempting to acquire,

possessing or using an explosive article or substance

(within the meaning of any of the relevant statutory

provisions) in contravention of any of those

provisions.”, and

10

              (b)             in subsection (4) for “section 33(4)(c)” substitute “subsection (3A)

above”.

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

  3        In section 2(4)(f) of the Activity Centres (Young Persons’ Safety) Act 1995

(power to apply or replicate provisions of the Health and Safety at Work etc.

15

Act 1974) for “to (4)” there shall be substituted “(and the related provisions

of Schedule 6A)”.

Schedule 3

Section 3

 

Repeals

 

Short title and chapter

Extent of repeal

 

20

 

Employers’ Liability

In section 5, the words “on any day”.

 
 

(Compulsory Insurance) Act

  
 

1969 (c. 57)

  
 

Health and Safety at Work etc.

Section 15(6)(e).

 
 

Act 1974 (c. 37)

  

25

 

Employment Protection Act

In Schedule 15, in paragraph 11, the words from

 
 

1975 (c. 71)

“and in subsection (4)(a)” to the end.

 
 

Offshore Safety Act 1992 (c. 15)

Section 4.

 
 

 

 
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