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impose duties upon company directors in relation to health and safety; to give |
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powers to the Health and Safety Commission to issue and approve codes of |
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practice in connection with the performance of those duties; to require large |
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companies to appoint a director as health and safety information director; and |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Health and safety information directors |
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(1) | The Companies Act 1985 (c. 6) is amended as follows. |
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(2) | In section 282 (directors), after subsection (3), insert— |
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“(4) | A company to which this requirement applies shall appoint one of its |
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directors as health and safety information director for the purposes of |
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(5) | The requirement in subsection (4) applies to every company which |
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does not qualify as a small or medium-sized company for the purposes |
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(3) | In section 364 (contents of annual return: general), after subsection (1)(d), |
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“(da) | the name of the health and safety information director of the |
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(1) | The Companies Act 1985 is amended as follows. |
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(2) | After section 309C (which is inserted by section 19 of the Companies (Audit, |
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Investigations and Community Enterprise Act 2004 (c. 27)) insert— |
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“309D | Directors’ duties regarding health and safety |
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(1) | It is the duty of the directors of a company to take all reasonable steps |
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to ensure that the company acts in accordance with the obligations |
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(a) | the relevant statutory provisions, |
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(b) | any statutory provision that is specified in the first column of |
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(c) | any regulations, orders or other instruments of a legislative |
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character made or having effect under any provision so |
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specified that relates to health and safety, or |
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(d) | any Order in Council or regulations made under section 2 of the |
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European Communities Act 1972 (general implementation of |
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Treaties) that relates to health and safety. |
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(2) | The directors of a company to which section 282(4) applies shall, for the |
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purpose of complying with their duty under subsection (1), take |
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account of any information and advice provided to them by the health |
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and safety information director. |
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(3) | The directors of a company to which section 282(4) applies shall make |
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adequate arrangements to ensure that the health and safety |
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information director is provided with such information as he may |
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require to carry out his duties under section 309E. |
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(4) | In this section and section 309E, ‘the relevant statutory provisions’ |
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(a) | anything within the meaning given to that term by section 53(1) |
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of the Health and Safety at Work etc. Act 1974 (interpretation), |
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(b) | anything which, under the terms of any Act, has effect as if it |
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were an existing statutory provision within the meaning given |
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to that term in Part 1 of the Health and Safety at Work etc. Act |
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309E | Duties of health and safety information directors |
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It shall be the duty of the health and safety information director |
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appointed under section 282(4) to take all reasonable steps— |
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(a) | to inform the other directors, not less than four times a year, |
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(i) | how the company’s activities are affecting the health |
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and safety of its employees and of other persons not in |
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the company’s employment, |
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(ii) | the adequacy of the measures taken by the company to |
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ensure that it complies with the provisions referred to in |
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section 309D(1)(a) to (d), |
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(iii) | any further measures that may be necessary to ensure |
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that it complies with those provisions; |
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(b) | to inform other directors promptly of— |
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(i) | any significant health and safety failure by the company |
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and the steps that have been taken, or will be necessary, |
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(ii) | details of any deaths, injuries or other incidents that the |
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company has a duty to report under— |
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(a) | the relevant statutory provisions, |
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(b) | any statutory provision that is specified in the |
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first column of Schedule 12B, or |
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(c) | any regulations, orders or other instruments of a |
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legislative character made or having effect under |
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any provision so specified that relates to health |
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(iii) | details of any notice which has been served on the |
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company or on one of its employees under— |
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(a) | the relevant statutory provisions, |
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(b) | any statutory provision that is specified in the |
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first column of Schedule 12C, or |
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(c) | any regulations, orders or other instruments of a |
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legislative character made or having effect under |
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any provision so specified that relates to health |
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(iv) | details of any proceedings which have been brought |
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against the company for an offence under any law |
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relating to health and safety or for any offence arising |
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(c) | to inform the board of the health and safety implications of its |
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309F | All reasonable steps |
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In determining those steps that should be taken by directors to comply |
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with the requirements of sections 309D and 309E, consideration shall be |
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given to any code of practice issued or approved by the Health and |
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Safety Commission in exercise of its powers under section 16 of the |
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Health and Safety at Work etc. Act 1974 (approval and issue of codes of |
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practice by the Commission). |
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309G | Application of Part 1 of the Health and Safety at Work etc. Act 1974 |
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Part 1 of the Health and Safety at Work etc. Act 1974 shall have effect as |
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if the provisions of sections 309D and 309E of this Act were existing |
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statutory provisions within the meaning of Part 1 of that Act and were |
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specified in the third column of Schedule 1 to that Act.” |
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(3) | Before Schedule 13 insert— |
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Other statutory provisions relating to health and safety |
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| Title of Statutory Provision |
| | | 40 | | Part 2 of the Children and Young Persons Act 1933 |
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