Health and Safety at Work (Offences) Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Health and Safety at Work (Offences) Bill

Health and Safety at Work (Offences) Bill
1

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—
“(2)
The Secretary of State may by order substitute an increased amount for
20
the amount for the time being specified in subsection (1).

Bill 51 53/3

Health and Safety at Work (Offences) Bill
2

(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
either House of Parliament, and
(c)
shall not apply to an offence committed before the order comes
5
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
offence under this section which is triable by a magistrates’ court in
England and Wales may be tried if laid—
10
(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
justify the proceedings comes to his knowledge.
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(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
commenced in Scotland—
(a)
within the period of five years beginning with the date on which
20
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
justify the proceedings comes to his knowledge.
(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
(b)
a document purporting to be a certificate under paragraph (a)
shall be treated as such unless the contrary is proved.”
3
Amendments and repeals
30
(1)
Schedule 2 (consequential amendments) shall have effect.
(2)
The enactments listed in Schedule 3 are hereby repealed to the extent specified.
4
Commencement
(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
35
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.
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Extent
This Act does not extend to Northern Ireland.
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6
Short title
This Act may be cited as the Health and Safety at Work (Offences) Act 2003.

3
Health and Safety at Work (Offences) Bill
Schedule 1 — New Schedule 6A to the Health and Safety at Work etc. Act 1974 - Prosecution and Punishment

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
Penalty on summary
Penalty on

trial
conviction
conviction on

indictment

1
An offence under
Either
Imprisonment for a
Imprisonmen

10

section 33(1)(a)
way.
term not exceeding
t for a term

consisting of the

six months, a fine not
not exceeding

failure of a person to

exceeding £20,000, or
two years, a

discharge a duty to

both.
fine, or both.

which he is subject

15

by virtue of sections

2 to 6.

2
An offence under
Either
Imprisonment for a
Imprisonmen

section 33(1)(a)
way.
term not exceeding
t for a term

consisting of the

six months, a fine not
not exceeding

20

failure of a person to

exceeding the
two years, a

discharge a duty to

statutory maximum,
fine, or both.

which he is subject

or both.

by virtue of section 7.

3
An offence under
Either
Imprisonment for a
Imprisonmen

25

section 33(1)(b)
way.
term not exceeding
t for a term

consisting of a

six months, a fine not
not exceeding

contravention of

exceeding £20,000, or
two years, a

section 8.

both.
fine, or both.

4
An offence under
Either
A fine not exceeding
A fine.

30

section 33(1)(b)
way.
£20,000.

consisting of a

contravention of

section 9.

Health and Safety at Work (Offences) Bill
Schedule 1 — New Schedule 6A to the Health and Safety at Work etc. Act 1974 - Prosecution and Punishment
4

Item
Offence
Mode of
Penalty on summary
Penalty on

trial
conviction
conviction on

indictment

5
An offence under
Either
Imprisonment for a
Imprisonmen

section 33(1)(c).
way.
term not exceeding
t for a term

5

six months, a fine not
not exceeding

exceeding £20,000, or
two years, a

both.
fine, or both.

6
An offence under
Summary
A fine not exceeding
/

section 33(1)(d).
only.
level 5 on the

10

standard scale.

7
An offence under
Either
Imprisonment for a
Imprisonmen

section 33(1)(e), (f) or
way.
term not exceeding
t for a term

(g).

six months, a fine not
not exceeding

exceeding £20,000, or
two years, a

15

both.
fine, or both.

8
An offence under
Summary
Imprisonment for a
/

section 33(1)(h).
only.
term not exceeding

six months, a fine not

exceeding level 5 on

20

the standard scale, or

both.

9
An offence under
Either
A fine not exceeding
A fine.

section 33(1)(i).
way.
the statutory

maximum.

25

10
An offence under
Either
Imprisonment for a
Imprisonmen

section 33(1)(j).
way.
term not exceeding
t for a term

six months, a fine not
not exceeding

exceeding the
two years, a

statutory maximum,
fine, or both.

30

or both.

11
An offence under
Either
Imprisonment for a
Imprisonmen

section 33(1)(k), (l) or
way.
term not exceeding
t for a term

(m).

six months, a fine not
not exceeding

exceeding £20,000, or
two years, a

35

both.
fine, or both.

12
An offence under
Summary
A fine not exceeding
/

section 33(1)(n).
only.
level 5 on the

standard scale.

13
An offence under
Either
Imprisonment for a
Imprisonmen

40

section 33(1)(o).
way.
term not exceeding
t for a term

six months, a fine not
not exceeding

exceeding £20,000, or
two years, a

both.
fine, or both.

Health and Safety at Work (Offences) Bill
Schedule 2 — Consequential Amendments
5

Item
Offence
Mode of
Penalty on summary
Penalty on

trial
conviction
conviction on

indictment

14
An offence under
Either
Imprisonment for a
Imprisonmen

any of the existing
way.
term not exceeding
t for a term

5

statutory provisions,

six months, a fine not
not exceeding

being an offence for

exceeding £20,000, or
two years, a

which no other

both.
fine, or both.

penalty is specified.

Schedule 2
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Section 3

Consequential Amendments
The Explosives Act 1875 (c. 17)
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
15
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.
      (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)
20
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
made for offshore purposes) shall cease to have effect.
      (3)
In section 42 (remedy and forfeiture)—
(a)
after subsection (3) insert—
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“(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
(b)
which consists of acquiring, attempting to acquire,
possessing or using an explosive article or substance
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(within the meaning of any of the relevant statutory
provisions) in contravention of any of those
provisions.”, and
(b)
in subsection (4) for “section 33(4)(c)” substitute “subsection (3A)
above”.
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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.
Act 1974) for “to (4)” there shall be substituted “(and the related provisions
of Schedule 6A)”.
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