Health and Safety at Work (Offences) Bill
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A
B I L L
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:-
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| Health and safety offences. |
1. - (1) The Health and Safety at Work etc. Act 1974 shall be amended as follows.
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(2) In section 33 (offences), for subsections (1A) to (4) substitute-
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"(2) Schedule 6A (which specifies the mode of trial and maximum penalty for the offences specified) shall have effect.
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(3) Schedule 6A is subject to any provision made by virtue of section 15(6)(c) or (d).
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(4) If regulations under section 2(2) of the European Communities Act 1972 apply this section (whether expressly or by implication) paragraph 1(1)(d) of Schedule 2 to that Act shall not apply."
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(3) Before Schedule 7 insert new Schedule 6A which is set out in Schedule 1 to this Act.
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| Employers' insurance offences. |
2. - (1) Section 5 of the Employers' Liability (Compulsory Insurance) Act 1969 (offence of failure to insure) shall be amended as follows.
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(2) The words "on any day" shall cease to have effect.
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(3) For "level 4 on the standard scale" substitute "£20,000".
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(4) At the end of the section (which becomes subsection (1)) insert-
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"(2) The Secretary of State may by order substitute an increased amount for the amount for the time being specified in subsection (1).
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(3) An order under subsection (2)-
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(a) shall be made by statutory instrument, |
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(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament, and |
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(c) shall not apply to an offence committed before the order comes into force. |
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(4) Notwithstanding section 127(1) of the Magistrates' Courts Act 1980 (time limit for summary proceedings) an information relating to an offence under this section which is triable by a magistrates' court in England and Wales may be tried if laid-
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(a) within five years after the date on which the offence was committed, and |
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(b) within six months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge. |
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(5) Notwithstanding section 136(1) of the Criminal Procedure (Scotland) Act 1995 (time limit for commencement of statutory summary offences) proceedings for an offence under this section may be commenced-
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(a) within five years after the date on which the offence was committed, and |
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(b) within six months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge. |
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(6) For the purposes of subsections (4) and (5)-
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(a) a certificate of the prosecutor stating the date mentioned in subsection (4)(b) or (5)(b) shall be conclusive evidence of it, and |
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(b) a document purporting to be a certificate under paragraph (a) shall be treated as such unless the contrary is proved." |
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| Amendments and repeals. |
3. - (1) Schedule 2 (consequential amendments) shall have effect.
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(2) The enactments mentioned in Schedule 3 are hereby repealed to the extent specified.
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| Commencement. |
4. - (1) This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.
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(2) In relation to an offence committed before this Act comes into force-
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(a) sections 1 to 3 shall not have effect, and |
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(b) in particular, regulations made by virtue of section 15(6)(e) of the Health and Safety at Work etc. Act 1974 shall continue to have effect. |
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(3) Section 33(4) of the Health and Safety at Work etc. Act 1974 (as inserted by section 1 of this Act) shall have effect in relation to regulations whether made before or after this Act comes into force.
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| Extent. |
5. This Act shall not extend to Northern Ireland.
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| Short title. |
6. This Act may be cited as the Health and Safety at Work (Offences) Act 2000.
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