Joint Committee on Statutory Instruments Eighth Report


Memorandum by the Department of the Environment, Transport and the Regions


1.  The Committee has requested a memorandum on the following point:

    The amendment of the principal Regulations of 1983 effected by paragraph 3(b) of the Schedule substitutes for the existing power of the Executive to revoke a licence to work with asbestos insulation, coating or board on the grounds of breach of the licence or of the regulation requiring a licence a new power to revoke if the Executive "considers it appropriate to do so". Explain the sort of circumstances (other than the existing grounds) in which it would be considered "appropriate" to revoke such a licence.

2.  The sorts of circumstances in which the Executive might consider it "appropriate" to revoke such a licence are set out in the guidance to the principal Regulations (as amended) to be published shortly. These include a failure to comply with other provisions of health and safety law, including the general duties under sections 2 to 4 of the Health and Safety at Work etc. Act 1974, and other health and safety regulations. Such a failure could be demonstrated by a successful prosecution, by other enforcement action under the 1974 Act, or by the evidence of a health and safety inspector.

3.  As the guidance makes clear, licence holders may appeal under section 44 of the 1974 Act against the revocation of a licence.

4.  The Committee may wish to note that both the existing power to grant a licence (in regulation 4(1) of the principal Regulations) and the existing power to vary the terms of a licence (regulation 4(3) of the principal Regulations) are powers to do so where the Executive considers it appropriate.

28th January 1999

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