Health and Safety (Offences) Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Health and Safety (Offences) Bill

Health and Safety (Offences) Bill
1

A
Bill
To
Revise the mode of trial and maximum penalties applicable to certain offences
relating to health and safety.
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: mode of trial and maximum penalty
(1)
In section 33 of the Health and Safety at Work etc. Act 1974 (offences), for
subsections (1A) to (4) there is substituted—
“(2)
Schedule 3A (which specifies the mode of trial and maximum penalty
applicable to offences under this section and the existing statutory
5
provisions) has effect.
(3)
Schedule 3A is subject to any provision made by virtue of section
15(6)(c) or (d).”
(2)
After Schedule 3 to that Act there is inserted the Schedule 3A set out in
Schedule 1 to this Act.
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2
Consequential amendments and repeals
(1)
Schedules 2 (consequential amendments) and 3 (repeals) have effect.
(2)
The Secretary of State may make any amendments to existing regulations that
he or she considers necessary or expedient in consequence of the amendments
made by section 1.
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(3)
The power conferred by subsection (2) is exercisable by statutory instrument
subject to annulment in pursuance of a resolution of either House of
Parliament.
(4)
In subsection (2) “existing regulations” means regulations made before the
passing of this Act.
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Bill 29
54/3

Health and Safety (Offences) Bill
2

3
Short title, commencement and extent
(1)
This Act may be cited as the Health and Safety (Offences) Act 2008.
(2)
This Act comes into force at the end of the period of three months beginning
with the day on which it is passed.
(3)
This Act does not apply to offences committed before it comes into force.
5
(4)
This Act extends to England and Wales and Scotland only.

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

Schedules
Schedule 1
Section 1

New Schedule 3A to the Health and Safety at Work etc. Act 1974
“SCHEDULE 3A
OFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY
5
1
The mode of trial and maximum penalty applicable to each offence listed in
the first column of the following table are as set out opposite that offence in
the subsequent columns of the table.

Offence
Mode of
Penalty on summary
Penalty on

trial
conviction
conviction on

10

indictment

An offence under section
Summarily
Imprisonment for a term
Imprisonment for a

33(1)(a) consisting of a
or on
not exceeding 12 months,
term not exceeding

failure to discharge a duty
indictment.
or a fine not exceeding
two years, or a fine,

to which a person is

£20,000, or both.
or both.

15

subject by virtue of

sections 2 to 6.

An offence under section
Summarily
Imprisonment for a term
Imprisonment for a

33(1)(a) consisting of a
or on
not exceeding 12 months,
term not exceeding

failure to discharge a duty
indictment.
or a fine not exceeding
two years, or a fine,

20

to which a person is

the statutory maximum,
or both.

subject by virtue of

or both.

section 7.

An offence under section
Summarily
Imprisonment for a term
Imprisonment for a

33(1)(b) consisting of a
or on
not exceeding 12 months,
term not exceeding

25

contravention of section 8.
indictment.
or a fine not exceeding
two years, or a fine,

£20,000, or both.
or both.

An offence under section
Summarily
A fine not exceeding
A fine.

33(1)(b) consisting of a
or on
£20,000.

contravention of section 9.
indictment.

30

An offence under section
Summarily
Imprisonment for a term
Imprisonment for a

33(1)(c).
or on
not exceeding 12 months,
term not exceeding

indictment.
or a fine not exceeding
two years, or a fine,

£20,000, or both.
or both.

An offence under section
Summarily
A fine not exceeding level

35

33(1)(d).
only.
5 on the standard scale.

An offence under section
Summarily
Imprisonment for a term
Imprisonment for a

33(1)(e), (f) or (g).
or on
not exceeding 12 months,
term not exceeding

indictment.
or a fine not exceeding
two years, or a fine,

£20,000, or both.
or both.

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Health and Safety (Offences) Bill
Schedule 2 — Consequential amendments
4

Offence
Mode of
Penalty on summary
Penalty on

trial
conviction
conviction on

indictment

An offence under section
Summarily
Imprisonment for a term

33(1)(h).
only.
not exceeding 51 weeks

5

(in England and Wales)

or 12 months (in

Scotland), or a fine not

exceeding level 5 on the

standard scale, or both.

10

An offence under section
Summarily
A fine not exceeding the
A fine.

33(1)(i).
or on
statutory maximum.

indictment.

An offence under section
Summarily
Imprisonment for a term
Imprisonment for a

33(1)(j).
or on
not exceeding 12 months,
term not exceeding

15

indictment.
or a fine not exceeding
two years, or a fine,

the statutory maximum,
or both.

or both.

An offence under section
Summarily
Imprisonment for a term
Imprisonment for a

33(1)(k), (l) or (m).
or on
not exceeding 12 months,
term not exceeding

20

indictment.
or a fine not exceeding
two years, or a fine,

£20,000, or both.
or both.

An offence under section
Summarily
A fine not exceeding level

33(1)(n).
only.
5 on the standard scale.

An offence under section
Summarily
Imprisonment for a term
Imprisonment for a

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33(1)(o).
or on
not exceeding 12 months,
term not exceeding

indictment.
or a fine not exceeding
two years, or a fine,

£20,000, or both.
or both.

An offence under the
Summarily
Imprisonment for a term
Imprisonment for a

existing statutory
or on
not exceeding 12 months,
term not exceeding

30

provisions for which no
indictment.
or a fine not exceeding
two years, or a fine,

other penalty is specified.

£20,000, or both.
or both.

2     (1)
This paragraph makes transitional modifications of the table as it applies to
England and Wales.
      (2)
In relation to an offence committed before the commencement of section
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154(1) of the Criminal Justice Act 2003 (general limit on magistrates’ court’s
powers to imprison), a reference to imprisonment for a term not exceeding
12 months is to be read as a reference to imprisonment for a term not
exceeding six months.
      (3)
In relation to an offence committed before the commencement of section
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281(5) of that Act (alteration of penalties for summary offences), a reference
to imprisonment for a term not exceeding 51 weeks is to be read as a
reference to imprisonment for a term not exceeding six months.”
Schedule 2
Section 2

Consequential amendments
45
Explosives Act 1875 (c. 17)
1     (1)
In section 40(9)(d) (importation of certain explosives) so far as that provision
continues to apply, despite its repeal, by virtue of regulation 27(17) of the

Health and Safety (Offences) Bill
Schedule 3 — Repeals
5

Manufacture and Storage of Explosives Regulations 2005 (S.I. 2005/1082),
the reference to penalties specified in section 33(3) of the Health and Safety
at Work etc. Act 1974 is to be read as a reference to penalties specified in the
final item of Schedule 3A to that Act (mode of trial and penalty for offence
under “existing statutory provisions” for which no other penalty is
5
specified).
      (2)
In section 43 (specially dangerous explosives)—
(a)
the words “and liable to the penalties specified in section 33(3) of the
Health and Safety at Work etc. Act 1974”, in both places, are omitted;
(b)
before the final sentence there is inserted—
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“A person guilty of an offence under this section shall be
liable as mentioned in the final item of Schedule 3A to the
Health and Safety at Work etc. Act 1974 (mode of trial and
penalty for offence under “existing statutory provisions” for
which no other penalty is specified).”
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Health and Safety at Work etc. Act 1974 (c. 37)
2     (1)
In section 15 (health and safety regulations), subsection (6)(e) is omitted.
      (2)
In section 42 (remedy and forfeiture), after subsection (3) there is inserted—
“(3A)
Subsection (4) applies where a person is convicted of an offence
consisting of acquiring or attempting to acquire, possessing or using
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an explosive article or substance (within the meaning of any of the
relevant statutory provisions) in contravention of any of the relevant
statutory provisions.”
      (3)
In subsection (4) of that section, for the words from “a person” to “there
mentioned” there is substituted “the person is convicted of the offence”.
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Activity Centres (Young Persons’ Safety) Act 1995 (c. 15)
3
In section 2 (offences), in subsection (4)(f), for “, and (2) to (4)” there is
substituted “and (2) (and the related provisions of Schedule 3A)”.
Schedule 3
Section 2

Repeals
30

Short title and chapter
Extent of repeal

Explosives Act 1875 (c. 17)
In section 43, the words “and liable to the

penalties specified in section 33(3) of the

Health and Safety at Work etc. Act 1974” in

both places.

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Health and Safety at Work etc.
Section 15(6)(e).

Act 1974

Offshore Safety Act 1992 (c. 15)
Section 4.