Office of Public Sector Information
PART I continued
(7)Without prejudice to section 35, health and safety regulations may make provision for enabling offences under any of the relevant statutory provisions to be treated as having been committed at any specified place for the purpose of bringing any such offence within the field of responsibility of any enforcing authority or conferring jurisdiction on any court to entertain proceedings for any such offence.
(8)Health and safety regulations may take the form of regulations applying to particular circumstances only or to a particular case only (for example, regulations applying to particular premises only).
(9)If an Order in Council is made under section 84(3) providing that this section shall apply to or in relation to persons, premises or work outside Great Britain then, notwithstanding the Order, health and safety regulations shall not apply to or in relation to aircraft in flight, vessels, hovercraft or offshore installations outside Great Britain or persons at work outside Great Britain in connection with submarine cables or submarine pipelines except in so far as the regulations expressly so provide.
(10)In this section “specified” means specified in health and safety regulations.
F1S. 15(1) substituted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 6
F2Words in S. 15(1) repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2(with art. 6)
F3Words inserted by Criminal Law Act 1977 (c. 45), Sch. 12
F4S. 15(6)(e) inserted (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 4(1)(6).
C1Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10
C2S. 15 extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), ss. 1(2), 2(2).
S. 15 extended (31.10.1994) by 1994 c. 21, s. 55(1)(3) (with s. 40(7)); S.I. 1994/2553, art. 2
S. 15 applied (19.10.1994) by S.I. 1994/2479, reg. 3
S. 15 applied (31.1.1995) by S.I. 1994/3247, reg. 16(1)(a)
C3Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
C4S. 15 modified (20.9.2001) by S.I. 2001/2975, reg. 19
C5S. 15(1) extended (E.W.S) (2.2.1994) by 1993 c. 43, ss. 117(3)(6), 150(1)(e); S.I. 1994/202, art. 2
C6S. 15(7): power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(a), 5 (with s. 3(5))
(1)For the purpose of providing practical guidance with respect to the requirements of any provision of [F1any of the enactments or instruments mentioned in subsection (1A) below] , the Commission may, subject to the following subsection . . . F2
(a)approve and issue such codes of practice (whether prepared by it or not) as in its opinion are suitable for that purpose;
(b)approve such codes of practice issued or proposed to be issued otherwise than by the Commission as in its opinion are suitable for that purpose.
[F3(1A)Those enactments and instruments are—
(a)sections 2 to 7 above;
(b)health and safety regulations, except so far as they make provision exclusively in relation to transport systems falling within paragraph 1(3) of Schedule 3 to the Railways Act 2005; and
(c)the existing statutory provisions that are not such provisions by virtue of section 117(4) of the Railways Act 1993.]
(2)The Commission shall not approve a code of practice under subsection (1) above without the consent of the Secretary of State, and shall, before seeking his consent, consult—
(a)any government department or other body that appears to the Commission to be appropriate (and, in particular, in the case of a code relating to electromagnetic radiations, [F4the Health Protection Agency]); and
(b)such government departments and other bodies, if any, as in relation to any matter dealt with in the code, the Commission is required to consult under this section by virtue of directions given to it by the Secretary of State.
(3)Where a code of practice is approved by the Commission under subsection (1) above, the Commission shall issue a notice in writing—
(a)identifying the code in question and stating the date on which its approval by the Commission is to take effect; and
(b)specifying for which of the provisions mentioned in subsection (1) above the code is approved.
(4)The Commission may—
(a)from time to time revise the whole or any part of any code of practice prepared by it in pursuance of this section;
(b)approve any revision or proposed revision of the whole or any part of any code of practice for the time being approved under this section;
and the provisions of subsections (2) and (3) above shall, with the necessary modifications, apply in relation to the approval of any revision under this subsection as they apply in relation to the approval of a code of practice under subsection (1) above.
(5)The Commission may at any time with the consent of the Secretary of State withdraw its approval from any code of practice approved under this section, but before seeking his consent shall consult the same government departments and other bodies as it would be required to consult under subsection (2) above if it were proposing to approve the code.
(6)Where under the preceding subsection the Commission withdraws its approval from a code of practice approved under this section, the Commission shall issue a notice in writing identifying the code in question and stating the date on which its approval of it is to cease to have effect.
(7)References in this Part to an approved code of practice are references to that code as it has effect for the time being by virtue of any revision of the whole or any part of it approved under this section.
(8)The power of the Commission under subsection (1)(b) above to approve a code of practice issued or proposed to be issued otherwise than by the Commission shall include power to approve a part of such a code of practice; and accordingly in this Part “code of practice” may be read as including a part of such a code of practice.
F1Words in s. 16(1) substituted (E.W.S.) (1.4.2006) by Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para. 9(1); S.I. 2006/266, art. 2, Sch.
F2Words repealed by Employment Protection Act 1975 (c. 71), Sch. 18
F3S. 16(1A) inserted (E.W.S.) (1.4.2006) by Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para. 9(2); S.I. 2006/266, art. 2, Sch.
F4Words in s. 16(2)(a) substituted (1.4.2005) by Health Protection Agency Act 2004 (c. 17), s. 11, Sch. 3 para. 5(2); S.I. 2005/121, art. 2(2)
C1Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10
Ss. 16-21, 23, 24, 26, 28, 33, 34, 36-39, 42(1)-(3), 46 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
Ss. 16-24, 26, 28, 33-40, 42, 46, 47 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
Ss. 16-26, 33-42, 47 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C2Ss. 16-21 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1), (2), (3)
Ss. 16-21 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(a)
Ss. 16-26 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)
C3Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
(1)For the purpose of providing practical guidance with respect to the requirements of any provision of sections 2 to 7 or of health and safety regulations or of any of the existing statutory provisions, the Commission may, subject to the following subsection . . . F1
(a)approve and issue such codes of practice (whether prepared by it or not) as in its opinion are suitable for that purpose;
(b)approve such codes of practice issued or proposed to be issued otherwise than by the Commission as in its opinion are suitable for that purpose.
(2)The Commission shall not approve a code of practice under subsection (1) above without the consent of the Secretary of State, and shall, before seeking his consent, consult—
(a)any government department or other body that appears to the Commission to be appropriate (and, in particular, in the case of a code relating to electromagnetic radiations, [F2the Health Protection Agency]); and
(b)such government departments and other bodies, if any, as in relation to any matter dealt with in the code, the Commission is required to consult under this section by virtue of directions given to it by the Secretary of State.
(3)Where a code of practice is approved by the Commission under subsection (1) above, the Commission shall issue a notice in writing—
(a)identifying the code in question and stating the date on which its approval by the Commission is to take effect; and
(b)specifying for which of the provisions mentioned in subsection (1) above the code is approved.
(4)The Commission may—
(a)from time to time revise the whole or any part of any code of practice prepared by it in pursuance of this section;
(b)approve any revision or proposed revision of the whole or any part of any code of practice for the time being approved under this section;
and the provisions of subsections (2) and (3) above shall, with the necessary modifications, apply in relation to the approval of any revision under this subsection as they apply in relation to the approval of a code of practice under subsection (1) above.
(5)The Commission may at any time with the consent of the Secretary of State withdraw its approval from any code of practice approved under this section, but before seeking his consent shall consult the same government departments and other bodies as it would be required to consult under subsection (2) above if it were proposing to approve the code.
(6)Where under the preceding subsection the Commission withdraws its approval from a code of practice approved under this section, the Commission shall issue a notice in writing identifying the code in question and stating the date on which its approval of it is to cease to have effect.
(7)References in this Part to an approved code of practice are references to that code as it has effect for the time being by virtue of any revision of the whole or any part of it approved under this section.
(8)The power of the Commission under subsection (1)(b) above to approve a code of practice issued or proposed to be issued otherwise than by the Commission shall include power to approve a part of such a code of practice; and accordingly in this Part “code of practice” may be read as including a part of such a code of practice.
F1Words repealed by Employment Protection Act 1975 (c. 71), Sch. 18
F2Words in s. 16(2)(a) substituted (1.4.2005) by Health Protection Agency Act 2004 (c. 17), s. 11, Sch. 3 para. 5(2); S.I. 2005/121, art. 2(2)
C1Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10
Ss. 16-21, 23, 24, 26, 28, 33, 34, 36-39, 42(1)-(3), 46 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
Ss. 16-24, 26, 28, 33-40, 42, 46, 47 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
Ss. 16-26, 33-42, 47 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C2Ss. 16-21 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1), (2), (3)
Ss. 16-21 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(a)
Ss. 16-26 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)
C3Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
E1This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
(1)A failure on the part of any person to observe any provision of an approved code of practice shall not of itself render him liable to any civil or criminal proceedings; but where in any criminal proceedings a party is alleged to have committed an offence by reason of a contravention of any requirement or prohibition imposed by or under any such provision as is mentioned in section 16(1) being a provision for which there was an approved code of practice at the time of the alleged contravention, the following subsection shall have effect with respect to that code in relation to those proceedings.
(2)Any provision of the code of practice which appears to the court to be relevant to the requirement or prohibition alleged to have been contravened shall be admissible in evidence in the proceedings; and if it is proved that there was at any material time a failure to observe any provision of the code which appears to the court to be relevant to any matter which it is necessary for the prosecution to prove in order to establish a contravention of that requirement or prohibition, that matter shall be taken as proved unless the court is satisfied that the requirement or prohibition was in respect of that mattet complied with otherwise than by way of observance of that provision of the code.
(3)In any criminal proceedings—
(a)a document purporting to be a notice issued by the Commission under section 16 shall be taken to be such a notice unless the contrary is proved; and
(b)a code of practice which appears to the court to be the subject of such a notice shall be taken to be the subject of that notice unless the contrary is proved.
C1Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10
Ss. 16-21, 23, 24, 26, 28, 33, 34, 36-39, 42(1)-(3), 46 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
Ss. 16-24, 26, 28, 33-40, 42, 46, 47 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
Ss. 16-26, 33-42, 47 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
Ss. 16-26 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)
C2Ss. 16-21 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(a), (2)(3)
Ss. 16-21 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(a)
C3Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
(1)It shall be the duty of the Executive to make adequate arrangements for the enforcement of the relevant statutory provisions except to the extent that some other authority or class of authorities is by any of those provisions or by regulations under subsection (2) below made responsible for their enforcement.
(2)The Secretary of State may by regulations—
(a)make local authorities responsible for the enforcement of the relevant statutory provisions to such extent as may be prescribed;
(b)make provision for enabling responsibility for enforcing any of the relevant statutory provisions to be, to such extent as may be determined under the regulations—
(i)transferred from the Executive to local authorities or from local authorities to the Executive; or
(ii)assigned to the Executive or to local authorities for the purpose of removing any uncertainty as to what are by virtue of this subsection their respective responsibilities for the enforcement of those provisions;
and any regulations made in pursuance of paragraph (b) above shall include provision for securing that any transfer or assignment effected under the regulations is brought to the notice of persons affected by it.
(3)Any provision made by regulations under the preceding subsection shall have effect subject to any provision made by health and safety regulations . . . F1 in pursuance of section 15(3)(c).
(4)It shall be the duty of every local authority—
(a)to make adequate arrangements for the enforcement within their area of the relevant statutory provisions to the extent that they are by any of those provisions or by regulations under subsection (2) above made responsible for their enforcement; and
(b)to perform the duty imposed on them by the preceding paragraph and any other functions conferred on them by any of the relevant statutory provisions in accordance with such guidance as the Commission may give them.
(5)Where any authority other than . . . F1, the Executive or a local authority is by any of the relevant statutory provisions or by regulations under subsection (2) above made responsible for the enforcement of any of those provisions to any extent, it shall be the duty of that authority—
(a)to make adequate arrangements for the enforcement of those provisions to that extent; and
(b)to perform the duty imposed on the authority by the preceding paragraph and any other functions conferred on the authority by any of the relevant statutory provisions in accordance with such guidance as the Commission may give to the authority.
(6)Nothing in the provisions of this Act or of any regulations made thereunder charging any person in Scotland with the enforcement of any of the relevant statutory provisions shall be construed as authorising that person to institute proceedings for any offence.
(7)In this Part—
(a)“enforcing authority” means the Executive or any other authority which is by any of the relevant statutory provisions or by regulations under subsection (2) above made responsible for the enforcement of any of those provisions to any extent; and
(b)any reference to an enforcing authority’s field of responsibility is a reference to the field over which that authority’s responsibility for the enforcement of those provisions extends for the time being;
but where by virtue of paragraph (a) of section 13(1) the performance of any function of the Commisssion or the Executive is delegated to a government department or person, references to the Commission or the Executive (or to an enforcing authority where that authority is the Executive) in any provision of this Part which relates to that function shall, so far as may be necessary to give effect to any agreement under that paragraph, be construed as references to that department or person; and accordingly any reference to the field of responsibility of an enforcing authority shall be construed as a reference to the field over which that department or person for the time being performs such a function.
F1Words repealed by Employment Protection Act 1975 (c. 71), Sch. 18
C1Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10
Ss. 16-21, 23, 24, 26, 28, 33, 34, 36-39, 42(1)-(3), 46 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
Ss. 16-24, 26, 28, 33-40, 42, 46, 47 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
Ss. 18-20: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(b), 5 (with s. 3(5))
Ss. 18-27, 33(1)(e)-(i)(n)(o)(2)-(4), 34(2)-(6), 36(1), 37-42, 46 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
Ss. 16-26, 33-42, 47 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C2S. 18 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)-(3)
S. 18 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(a)
S. 18 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)
S. 18 applied (31.3.2002) by S.I. 2002/528, reg. 10
C3Ss. 18-26 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)
C4Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
C5S. 18 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17
C6S. 18(1) applied (with modifications) (1.4.1999) (with savings) by S.I. 1999/743, reg. 20(3)(4)
C7S. 18(6) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
C8Ss. 18(6)(7)(b), 19-22, 23(1)(2)(5), 24-26, 33(1)(e)-(h)(o)(2)(2A)(3)(4)(e), 34(3)-(5), 35, 36(1)(2), 37-39, 42 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C9S. 18(7) applied by Fire Precautions Act 1971 (c. 40, SIF 50), s. 21(3) as inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), s. 11
C10S. 18(7)(b) modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
(1)Every enforcing authority may appoint as inspectors (under whatever title it may from time to time determine) such persons having suitable qualifications as it thinks necessary for carrying into effect the relevant statutory provisions within its field of responsibility, and may terminate any appointment made under this section.
(2)Every appointment of a person as an inspector under this section shall be made by an instrument in writing specifying which of the powers conferred on inspectors by the relevant statutory provisions are to be exercisable by the person appointed; and an inspector shall in right of his appointment under this section—
(a)be entitled to exercise only such of those powers as are so specified; and
(b)be entitled to exercise the powers so specified only within the field of responsibility of the authority which appointed him.
(3)So much of an inspector’s instrument of appointment as specifies the powers which he is entitled to exercise may be varied by the enforcing authority which appointed him.
(4)An inspector shall, if so required when exercising or seeking to exercise any power conferred on him by any of the relevant statutory provisions, produce his instrument of appointment or a duly authenticated copy thereof.
C1S. 19 applied by S.I. 1989/840, arts. 2-10
C2S. 19 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)
S. 19 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
S. 19 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 19 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
S. 19: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(b), 5 (with s. 3(5))
S. 19 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
S. 19 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b); S. 19 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)
C3S. 19 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
S. 19 restricted (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
S. 19 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C4S. 19 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(2)(3)
S. 19 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(a)
S. 19 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a) S. 19 applied (31.3.2002) by S.I. 2002/528, reg. 10
S. 19 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)
C5S. 19 applied (12.4.1999) by S.I. 1999/743, reg. 22(7)
C6S. 19 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)
C7S. 19 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)
C8S. 19 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
C9S. 19 applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003 otherwise) by S.I. 2003/403, regs. 1(2), 23(2)(a)(3); ss. 19-22 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(a); s. 19 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 19 applied (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6); ss. 19-22 applied (2.4.2006) by S.I. 2006/397, reg. 34
C10S. 19 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(a) (subject to (4)-(6)) (with art. 7)
C11S. 19(2)(3) excluded (E.W.S.) (15.2.1999) by 1998 c. 17, s. 8(2)(c), (with s. 9(1)(2), Sch. 3 para. 5); S.I. 1999/161, art. 2(1)(2)
(1)Subject to the provisions of section 19 and this section, an inspector may, for the purpose of carrying into effect any of the relevant statutory provisions within the field of responsibility of the enforcing authority which appointed him, exercise the powers set out in subsection (2) below.
(2)The powers of an inspector referred to in the preceding subsection are the following, namely—
(a)at any reasonable time (or, in a situation which in his opinion is or may be dangerous, at any time) to enter any premises which he has reason to believe it is necessary for him to enter for the purpose mentioned in subsection (1) above;
(b)to take with him a constable if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;
(c)without prejudice to the preceding paragraph, on entering any premises by virtue of paragraph (a) above to take with him—
(i)any other person duly authorised by his (the inspector’s) enforcing authority; and
(ii)any equipment or materials required for any purpose for which the power of entry is being exercised;
(d)to make such examination and investigation as may in any circumstances be necessary for the purpose mentioned in subsection (1) above;
(e)as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (d) above;
(f)to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (d) above;
(g)to take samples of any articles or substances found in any premises which he has power to enter, and of the atmosphere in or in the vicinity of any such premises;
(h)in the case of any article or substance found in any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause danger to health or safety, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is in the circumstances necessary for the purpose mentioned in subsection (1) above);
(i)in the case of any such article or substance as is mentioned in the preceding paragraph, to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—
(i)to examine it and do to it anything which he has power to do under that paragraph;
(ii)to ensure that it is not tampered with before his examination of it is completed;
(iii)to ensure that it is available for use as evidence in any proceedings for an offence under any of the relevant statutory provisions or any proceedings relating to a notice under section 21 or 22;
(j)to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (d) above to answer (in the absence of persons other than a person nominated by him to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;
(k)to require the production of, inspect, and take copies of or of any entry in—
(i)any books or documents which by virtue of any of the relevant statutory provisions are required to be kept; and
(ii)any other books or documents which it is necessary for him to see for the purposes of any examination or investigation under paragraph (d) above;
(l)to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him by this section;
(m)any other power which is necessary for the purpose mentioned in subsection (1) above.
(3)The Secretary of State may by regulations make provision as to the procedure to be followed in connection with the taking of samples under subsection (2)(g) above (including provision as to the way in which samples that have been so taken are to be dealt with).
(4)Where an inspector proposes to exercise the power conferred by subsection (2)(h) above in the case of an article or substance found in any premises, he shall, if so requested by a person who at the time is present in and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person unless the inspector considers that its being done in that person’s presence would be prejudicial to the safety of the State.
(5)Before exercising the power conferred by subsection (2)(h) above in the case of any article or substance, an inspector shall consult such persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.
(6)Where under the power conferred by subsection (2)(i) above an inspector takes possession of any article or substance found in any premises, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that he has taken possession of it under that power; and before taking possession of any such substance under that power an inspector shall, if it is practicable for him to do so, take a sample thereof and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.
(7)No answer given by a person in pursuance of a requirement imposed under subsection (2)(j) above shall be admissible in evidence against that person or the [F1spouse or civil partner] of that person in any proceedings.
(8)Nothing in this section shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, as the case may be, on an order for the production of documents in an action in the Court of Session.
F1Words in s. 20(7) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(1), 263, Sch. 27 para. 49; S.I. 2005/3175, art. 2(2)
C1S. 20 applied by S.I. 1989/840, arts. 2-10
S. 20 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
S. 20 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 20 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
S. 20: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(b), 5 (with s. 3(5))
S. 20 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
S. 20 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)
S. 20 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)
S. 20 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C2S. 20 modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 para. 6(4)
S. 20 applied (E.W.S.) (15.12.1999) by 1998 c. 17, s. 8(1), (with s. 9(1)(2), Sch. 3 para. 5(1)); S.I. 1999/161, art. 2(1)(2)
C3S. 20 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)
C4S. 20 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
C5S. 20 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1), (2)(3)
S. 20 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(a)
S. 20 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)
S. 20 applied (31.3.2002) by S.I. 2002/528, reg. 10
S. 20 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)
C6Ss. 18-26 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)
C7S. 20 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)
C8S. 20 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
C9S. 20 applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003 otherwise) by S.I. 2003/403, regs. 1(2), 23(2)(a)(3); s. 19-22 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(a); s. 20 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 20 applied (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6); ss. 19-22 applied (2.4.2006) by S.I. 2006/397, reg. 34
C10S. 20 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(a) (subject to (4)-(6)) (with art. 7)
Health and Safety at Work etc. Act 1974