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Company Directors\xd5 (Health and Safety) Bill


Company Directors\xd5 (Health and Safety) Bill

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A

Bill

To

Require companies to appoint a director as the health and safety director; and

to impose duties on this director and on other directors of companies in

relation to health and safety; and for connected purposes.                                                                            

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 Directors

     (1)    In section 282 of the Companies Act 1985 (c. 6) (directors) after subsection (3)

insert—

           “(4)                                                        Every company other than a private company shall appoint one of its

directors as the health and safety director for the purposes of section

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309A of this Act.”

     (2)           In section 364 of the Companies Act 1985 (contents of annual return:

general) after subsection (1)(d) insert

                  “(da)                    the name of the health and safety director of the company.”

 2     Directors’ duties regarding health and safety

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After section 309 of the Companies Act 1985 insert—

       “309A                                     Directors’ duties regarding health and safety

           (1)           It is the duty of the directors of a company to exercise their powers and

to discharge their duties in the interests of the health and safety of its

employees and others affected by its operations.

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           (2)           It is the duty of the directors of a company to take effective steps to

ensure that the company acts in accordance with the obligations

imposed on it by any applicable law relating to health and safety.

           (3)           The directors of a company are to be taken to meet the requirements of

subsection (2) if they—

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                  (a)                                     act reasonably and in good faith;

 
Bill 82 53/2
 
 

Company Directors\xd5 (Health and Safety) Bill

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                  (b)                 inform themselves about the company's health and safety

obligations in the particular circumstances of its operations; and

                  (c)                 consider any report of a health and safety director appointed

under section 282 (4) of the Act.

       309B             Duties of health and safety directors

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           (1)           It shall be the duty of the health and safety director appointed under

section 282(4) of this Act—

                  (a)                 to monitor on a regular basis the health and safety performance

of the company;

                  (b)                 to ensure the health and safety statement of the company

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reflects current board priorities on the matter;

                  (c)                                     to ensure that the company's management systems provide for

effective monitoring and reporting of its health and safety

performance;

                  (d)                                     to report to other directors immediately on any significant

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health and safety failure in the company and on

recommendations for changes; and

                  (e)                 to report to the board on the health and safety implications of its

decisions.”

           (2)           The duties of the health and safety director set out in subsection (1)

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shall not affect in any way—

                  (a)                 the duties which the board has given to other directors with

respect to health and safety matters; and

                  (b)                 the duties of directors regarding health and safety matters

imposed under this Act.”

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 3     Commencement and saving

     (1)    This Act comes into force at the end of the period of six months beginning with

the day on which it is passed.

     (2)           This Act does not apply in relation to anything done or omitted to be done

before it comes into force.

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 4     Short title and extent

     (1)    This Act may be cited as the Company Directors' (Health and Safety) Act 2003.

     (2)           This Act does not extend to companies registered and incorporated in

Northern Ireland.

 

 

 
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Revised 9 April 2003