Session 2013 - 14
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5

 

House of Commons

 
 

Thursday 27 February 2014

 

Public Bill Committee Proceedings

 

Deregulation Bill


 

[Third and Fourth SITTINGS]


 

Chi Onwurah

 

Toby Perkins

 

Thomas Docherty

 

Negatived on division  3

 

Clause  1,  page  1,  line  4,  leave out subsections (1) and (2) and insert—

 

‘(1)    

After section 52 of the Health and Safety at Work etc. Act 1974 (meaning of work

 

and at work) insert—

 

“52A  

Self-employed persons: list of low risk activities

 

The Executive shall, for the purpose of clarifying the duty set out in

 

section 3(2) of this Act—

 

(a)    

prepare and maintain a list of undertakings commonly carried

 

out by self-employed persons that, so far as can be reasonably

 

expected, will not expose any persons to risks to their health or

 

safety; and

 

(b)    

publicise this list in such ways as the Executive thinks

 

appropriate, including on their website.”.’.

 

Member’s explanatory statement

 

Creates a duty on the Health and Safety Executive to maintain a list of ‘low risk’ activities that are

 

not likely to fall within the duty under section 3(2) of the Health and Safety at Work Act etc. 1974.

 

Chi Onwurah

 

Toby Perkins

 

Thomas Docherty

 

Not called  4

 

Clause  1,  page  1,  line  10,  at end insert—

 

‘(2A)    

Regulations resulting from the amendments made by subsection (1)(2) of this Act

 

shall be made by statutory instrument.

 

(2B)    

A statutory instrument under subsection (2A) shall be made until—

 

(a)    

the Secretary of State has—

 

(i)    

consulted with relevant parties; and

 

(ii)    

conducted and published a full impact assessment; and

 

(b)    

the instrument has been laid in draft and approved by resolution of both

 

Houses of Parliament.

 

(2C)    

The Secretary of State shall—


 
 

Public Bill Committee Proceedings: 27 February 2014        

6

 

Deregulation Bill, continued

 
 

(a)    

review the definitions of prescribed undertakings specified in regulations

 

resulting from this section annually; and

 

(b)    

publicise widely the prescribed undertakings and any subsequent

 

changes made to those regulations.

 

Member’s explanatory statement

 

This would amend the procedure for the Secretary of State to make regulations on which under­

 

takings are covered by the Health and Safety at Work Act etc. 1974.

 

Tom Brake

 

Agreed to  2

 

Clause  1,  page  1,  line  11,  leave out from ‘Executive)’ to end of line 12 and insert

 

‘after subsection (4A) insert—

 

“(4AA)    

Subsection (4)(b)(i) does not apply in relation to the making of regulations under

 

section 3(2) for the railway safety purposes (and, accordingly, the Executive shall

 

submit under subsection (3) such proposals as the Executive considers

 

appropriate for the making of regulations under section 3(2) for those

 

purposes).”.’

 

Member’s explanatory statement

 

This amendment will enable the Health and Safety Executive to make proposals for the making of

 

regulations under section 3(2) of the Health and Safety at Work etc. Act 1974 for railway safety

 

purposes. Section 3(2) is amended by clause 1(2) to restrict the general duty imposed by it to self-

 

employed persons who conduct an undertaking prescribed in regulations.

 

Clause Agreed to on division.

 

Clause 2 Agreed to on division.

 

[Adjourned until Tuesday 4 March at 8.55 am


 
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