Select Committee on Regulatory Reform Second Report


The draft Legislative Reform (Health and Safety Executive) Order 2008 was laid before the House by the Department for Work and Pensions (DWP) on 18 February 2008. Its purpose is essentially to amend the Health and Safety at Work etc. Act 1974 (the HSW Act) so as to consolidate the Health and Safety Commission and the Health and Safety Executive into one statutory body, the aim of the merger being to improve effectiveness.

The Order is the second draft Legislative Reform Order (LRO) to come before the Committee under the Legislative and Regulatory Reform Act (LRRA) 2006, which allows LROs to be made either (under section 1) to remove or reduce a legislative burden or (under section 2) to promote regulatory principles of transparency, accountability, proportionality, consistency and targeting. Within certain parameters, section 2 expressly covers transfer of regulatory functions between bodies in order to promote principles of better regulation. The DWP has proposed that the draft Order be made under section 2. The draft Order would be the first LRO to be made under that section.

The Department of Work and Pensions has recommended that the draft Order be proceeded with under the affirmative resolution procedure. We agree.

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Prepared 10 March 2008