Page:Health and Safety at Work etc. Act 1974 (UKPGA 1974-37 qp).pdf/88

Part IV

(ii) there shall be added as paragraph (iii)—

“(iii) if the premises are used as a place of work and are within the field of responsibility of one or more enforcing authorities within the meaning of Part I of the Health and Safety at Work etc. Act 1974, consult that authority or each of those authorities.”;

(b) in subsection (2) (clarification of references in section 9 to persons aggrieved), for the words “or buildings authority” there shall be substituted the words “buildings authority or other authority”;

(c) after subsection (2) there shall be added as subsection (3)—

“(3) Section 18(7) of the Health and Safety at Work etc. Act 1974 (meaning in Part I of that Act of ‘enforcing authority’ and of such an authority’s ‘field of responsibility’) shall apply for the purposes of this section as it applies for the purposes of that Part.”

(7) In section 18 (enforcement of Act)—

(a) for the word “it” there shall be substituted the words “(1) Subject to subsection (2) below, it”;

(b) for the word “section” there shall be substituted the word “subsection”; and

(c) after the word “offence” there shall be added as subsection (2)—

“(2) A fire authority shall have power to arrange with the Health and Safety Commission for such of the authority’s functions under this Act as may be specified in the arrangements to be performed on their behalf by the Health and Safety Executive (with or without payment) in relation to any particular premises so specified which are used as a place of work.”

(8) In section 40 (application to Crown etc.)—

(a) in subsection (1)(a) (provisions which apply to premises occupied by the Crown), after the word “6” there shall be inserted the words “, 9A (except subsection (4))”;

(b) in subsection (1)(b) (provisions which apply to premises owned, but not occupied by, the Crown), after the word “8” there shall be inserted the word “9A”;

(c) in subsection (10) (application of Act to hospital premises in Scotland), for the words from “Regional” to “hospitals” there shall be substituted the words “Health Board”;