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| | Thursday 27 February 2014 |
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| | [Third and Fourth SITTINGS]
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| | Clause 1, page 1, line 4, leave out subsections (1) and (2) and insert— |
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| | | ‘(1) | After section 52 of the Health and Safety at Work etc. Act 1974 (meaning of work |
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| | | “52A | Self-employed persons: list of low risk activities |
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| | | The Executive shall, for the purpose of clarifying the duty set out in |
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| | | section 3(2) of this Act— |
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| | | (a) | prepare and maintain a list of undertakings commonly carried |
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| | | out by self-employed persons that, so far as can be reasonably |
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| | | expected, will not expose any persons to risks to their health or |
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| | | (b) | publicise this list in such ways as the Executive thinks |
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| | | appropriate, including on their website.”.’. |
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| | | Member’s explanatory statement
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| | | Creates a duty on the Health and Safety Executive to maintain a list of ‘low risk’ activities that are |
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| | | not likely to fall within the duty under section 3(2) of the Health and Safety at Work Act etc. 1974. |
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| | Clause 1, page 1, line 10, at end insert— |
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| | | ‘(2A) | Regulations resulting from the amendments made by subsection (1)(2) of this Act |
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| | | shall be made by statutory instrument. |
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| | | (2B) | A statutory instrument under subsection (2A) shall be made until— |
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| | | (a) | the Secretary of State has— |
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| | | (i) | consulted with relevant parties; and |
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| | | (ii) | conducted and published a full impact assessment; and |
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| | | (b) | the instrument has been laid in draft and approved by resolution of both |
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| | | (2C) | The Secretary of State shall— |
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| | | (a) | review the definitions of prescribed undertakings specified in regulations |
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| | | resulting from this section annually; and |
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| | | (b) | publicise widely the prescribed undertakings and any subsequent |
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| | | changes made to those regulations. |
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| | | Member’s explanatory statement
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| | | This would amend the procedure for the Secretary of State to make regulations on which under |
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| | | takings are covered by the Health and Safety at Work Act etc. 1974. |
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| | Clause 1, page 1, line 11, leave out from ‘Executive)’ to end of line 12 and insert |
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| | ‘after subsection (4A) insert— |
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| | | “(4AA) | Subsection (4)(b)(i) does not apply in relation to the making of regulations under |
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| | | section 3(2) for the railway safety purposes (and, accordingly, the Executive shall |
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| | | submit under subsection (3) such proposals as the Executive considers |
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| | | appropriate for the making of regulations under section 3(2) for those |
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| | | Member’s explanatory statement
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| | | This amendment will enable the Health and Safety Executive to make proposals for the making of |
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| | | regulations under section 3(2) of the Health and Safety at Work etc. Act 1974 for railway safety |
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| | | purposes. Section 3(2) is amended by clause 1(2) to restrict the general duty imposed by it to self- |
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| | | employed persons who conduct an undertaking prescribed in regulations. |
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| | | Clause Agreed to on division. |
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| | | Clause 2 Agreed to on division. |
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| | [Adjourned until Tuesday 4 March at 8.55 am |
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