Office of Public Sector Information
(This note is not part of the Order)
1. This Order amends the Health and Safety at Work Act 1974 (“the Act”) with the aim of modernising and improving the corporate structure of the bodies responsible for regulating health and safety in Great Britain. It abolishes the Health and Safety Commission and the Health and Safety Executive, replacing them with a single Executive exercising the combined functions and powers of those bodies.
2. The new Executive comprises up to 12 non-executive members appointed by the Secretary of State. The Executive appoints a Chief Executive and the other staff of the Executive.
3. Article 2 abolishes the existing Health and Safety Commission and Executive. Articles 4 to 20 amend the Act to provide for the establishment and the functions of the new Executive.
4. Article 5 replaces sections 11 to 13 of the Act with three new sections. Section 11 confers functions on the new Executive. Section 12 confers functions on the Secretary of State. The functions reproduce the functions conferred by the existing Act, save that the Secretary of State is prohibited from giving directions as to the enforcement of the relevant statutory provisions in a particular case. Section 13 reproduces the powers currently in sections 11(6) and 13.
5. Article 6 amends section 14 of the Act to allow the new Executive to investigate, authorise other people to investigate or to direct inquiries.
6. Article 10 inserts two new subsections ((4A) and (4B)) into section 18 of the Act. The new subsection 4A allows the new Executive to issue guidance to the local authorities (LAs) but requires it to consult them. Subsection (4B) requires the Executive and the LAs to work together to establish best practice and consistency in the enforcement of health and safety law.
7. Other articles of the Order make minor and consequential amendments of the Act.
8. Schedule 1 to the Order substitutes a new Schedule 2 into the Act. This Schedule sets out the constitution of the new Executive. Paragraph 2 provides for the Chair of the new Executive and up to 11 other members to be appointed by the Secretary of State. Three members of the Executive must be appointed following consultation with employers’ associations, and likewise, three must be appointed following consultation with employees’ associations. One member of the new Executive must be appointed following consultation with organisations representing local authorities. Up to 4 others may be appointed following consultation with professional bodies and the devolved administrations. Members of the new Executive will not be civil servants.
9. Paragraphs 3 to 6 of Schedule 2 set out how members hold their offices, their remuneration and how they can be removed from office. Paragraph 7 requires that the new Executive to consult with the Secretary of State before making or revising its procedure dealing with conflicts of interest; and it must publish a summary of its rules and procedures.
10. Paragraph 8 provides for the appointment of the Chief Executive and staff to the service of the new Executive. Both the Chief Executive and staff are civil servants.
11. Paragraph 9 allows the Executive to delegate any of its functions to its staff. However, the Executive must delegate its enforcement powers to staff or a committee. Furthermore, these enforcement powers cannot be delegated to the members of the Executive or to a committee made up of members. Any delegations made under this paragraph are to be published.
12. Schedules 2 and 3 to the Order set out transitional and consequential provisions.
The Legislative Reform (Health and Safety Executive) Order 2008