Memorandum by the
Department of the Environment, Transport and the Regions
1. The Committee has requested
a memorandum on the following point:
The amendment of
the principal Regulations of 1983 effected by paragraph 3(b) of
the Schedule substitutes for the existing power of the Executive
to revoke a licence to work with asbestos insulation, coating
or board on the grounds of breach of the licence or of the regulation
requiring a licence a new power to revoke if the Executive "considers
it appropriate to do so". Explain the sort of circumstances
(other than the existing grounds) in which it would be considered
"appropriate" to revoke such a licence.
2. The sorts of circumstances
in which the Executive might consider it "appropriate"
to revoke such a licence are set out in the guidance to the principal
Regulations (as amended) to be published shortly. These include
a failure to comply with other provisions of health and safety
law, including the general duties under sections 2 to 4 of the
Health and Safety at Work etc. Act 1974, and other health and
safety regulations. Such a failure could be demonstrated by a
successful prosecution, by other enforcement action under the
1974 Act, or by the evidence of a health and safety inspector.
3. As the guidance makes
clear, licence holders may appeal under section 44 of the 1974
Act against the revocation of a licence.
4. The Committee may wish
to note that both the existing power to grant a licence (in regulation
4(1) of the principal Regulations) and the existing power to vary
the terms of a licence (regulation 4(3) of the principal Regulations)
are powers to do so where the Executive considers it appropriate.
28th January 1999