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3

 

House of Commons

 
 

Wednesday 26th March 2008

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Other Amendments not tabled within the required notice period are marked thus Parliamentary Star - white

 

Health and Safety (Offences) Bill


 

new clauses

 

Fines

 

Andrew Selous

 

NC1

 

To move the following Clause:—

 

‘After section 33 of the Health and Safety at Work etc Act 1974, there is

 

inserted—

 

“33A  

Fines

 

(1)    

The level of the fine imposed, subject to the maximum stipulated in

 

Schedule 3A, shall be determined by, amongst other relevant

 

considerations, the financial assets and income of the person or employer

 

concerned.

 

(2)    

The maximum fines in Schedule 3A shall, by order made by statutory

 

instrument, be increased, on 1st January, annually by the increase in the

 

general level of earnings for the year to the previous 31st March.”’.

 


 

Offences

 

Andrew Selous

 

NC2

 

To move the following Clause:—

 

‘After section 33 of the Health and Safety at Work etc Act 1974, there is

 

inserted—


 
 

Public Bill Committee: 26th March 2008                  

4

 

Health and Safety (Offences) Bill, continued

 
 

“33B  

Offences

 

(1)    

Crown bodies shall be subject to statutory enforcement of this Act

 

including prosecution.

 

(2)    

Imprisonment for offences listed in Schedule 3A shall be confined to

 

those health and safety cases where, in the opinion of the magistrates or

 

judges concerned, the case involves—

 

(a)    

recklessness about the possibility of serious harm,

 

(b)    

deception intended to undermine enforcement,

 

(c)    

the deliberate creation of serious risks with a view to profit, or

 

(d)    

serious neglect leading to major injury or death.”’.

 


 
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Revised 26 March 2008