APPENDIX 2: HEALTH AND SAFETY (OFFENCES)
BILL
Memorandum by the Department for Work and Pensions
1. This memorandum relates to the Health and
Safety (Offences) Bill. The Bill is a private member's Bill that
is supported by the government. The Member in charge of the Bill
[in the House of Commons] is the Rt. Hon. Keith Hill MP.
2. Clause 1 of the Bill increases the penalties
set out in section 33 of the Health and Safety at Work etc. Act
1974 ("the 1974 Act) and the penalties set out in Article
31 of the Health and Safety at Work (Northern Ireland) Order 1978
("the 1978 Order"). It does so by increasing the fines
that may be imposed on conviction of an offence under that section
and article, and introducing imprisonment as a penalty for certain
offences under that section and Article for which it is not currently
available.
3. Clause 2(2) of the Bill confers power on the
Secretary of State to make amendments to existing regulations
that he considers necessary or expedient in consequence of the
amendments made to the 1974 Act by clause 1 of the Bill.
4. Clause 2(4) of the Bill confers equivalent
powers on the appropriate Department in Northern Ireland to make
amendments to existing regulations that it considers necessary
or expedient in consequence of the amendments made to the 1978
Order by clause 1 of the Bill.
5. The inclusion of these delegated powers in
the Bill arises from the fact that existing regulations made under
the 1974 Act, the 1978 Order, or under section 2(2) of the European
Communities Act 1972, apply section 33 of the 1974 Act or Article
31 of the 1978 Order with modifications.
6. The effect of section 20(2) of the Interpretation
Act 1978 and section 11(1) of the Interpretation Act (Northern
Ireland) 1954 is that these existing regulations will be taken
to apply section 33 of the 1974 Act and Article 31 of the 1978
Order as amended by the Bill (and thus as applying the penalties
set out in the new Schedule 3A to the 1974 Act and 1978 Order
as inserted by the Bill). Notwithstanding this fact, for ease
of use the modifications of section 33 of the 1974 Act and Article
31 of the 1978 Order set out in the various existing regulations
will need to be revised to reflect the amendments made by the
Bill.
7. The necessary amendments to existing regulations
could be made by the Secretary of State in exercise of the powers
under which the regulations in question were made, i.e., in exercise
of the powers conferred on him by section 15 of the 1974 Act,
and in the case of Northern Ireland, the appropriate Department
i.e., in exercise of the powers conferred under Article 17 of
the 1978 Order, and/or by section 2(2) of the European Communities
Act 1972, as appropriate.
8. The powers at clauses 2(2) and 2(4) of the
Bill are, however, included in order that the necessary amendments
to existing regulations may be effected by way of one instrument
(as the case may be), made in exercise of the statutory powers
provided in the Bill, and implementing all of the necessary amendments
to the existing regulations.
9. The power at clause 2(2) of the Bill is to
be exercised by statutory instrument subject to the negative resolution
procedure. This procedure reflects the procedure applicable to
regulations made under section 15 of the 1974 Act (see section
82(3) of that Act).
10. The power at clause 2(4) of the Bill is to
be exercised by statutory rule for the purposes of the Statutory
Rules (Northern Ireland) Order 1979 subject to the negative resolution
procedure within the meaning of the Interpretation Act (Northern
Ireland) 1954.
11. These procedures also reflects the Department's
view that, were the necessary amendments to existing regulations
made under section 2(2) of the European Communities Act 1972,
the negative resolution procedure would be appropriate, given
that the making of the amendments would not substantially affect
provisions of Acts of Parliament, nor impose or increase financial
burdens on subjects, nor involve other considerations of special
importance.
Department for Work and Pensions
June 2008
| 
