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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— | |
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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). | |
(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. | |
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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. | | |
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| | 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. | | |
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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. | |
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(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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