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The Deregulation Act 2015 (Health and Safety at Work) (General Duties of Self-Employed Persons) (Consequential Amendments) Order 2015

S.I. 2015/1637 · Made 31 August 2015

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Health And Safety

Made 31st August 2015

Laid before Parliament 7th September 2015

Coming into force 1st October 2015

The Secretary of State makes the following Order in exercise of the powers conferred by section 112 of the Deregulation Act 2015f1:

Annotations to the whole text

Footnotes

f1

2015 c. 20.

Contents

  1. 1Citation and commencement
  2. 2Consequential amendments to regulations made under section 15 of the Health and Safety at Work etc. Act 1974
  3. 3Review
  4. Signature
  5. Schedule: Consequential amendments to regulations made under section 15 of the Health and Safety at Work etc. Act 1974
  6. 1Health and Safety (First-Aid) Regulations 1981
  7. 2Personal Protective Equipment at Work Regulations 1992
  8. 3Manual Handling Operations Regulations 1992
  9. 4Provision and Use of Work Equipment Regulations 1998
  10. 5Lifting Operations and Lifting Equipment Regulations 1998
  11. 6Management of Health and Safety at Work Regulations 1999
  12. 7Control of Substances Hazardous to Health Regulations 2002
  13. 8Work at Height Regulations 2005
  14. 9Control of Vibration at Work Regulations 2005
  15. 10Control of Noise at Work Regulations 2005
  16. 11Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013
  17. 12Genetically Modified Organisms (Contained Use) Regulations 2014
  18. Explanatory note

1Citation and commencement

This Order may be cited as the Deregulation Act 2015 (Health and Safety at Work) (General Duties of Self-Employed Persons) (Consequential Amendments) Order 2015 and comes into force on 1st October 2015.

2Consequential amendments to regulations made under section 15 of the Health and Safety at Work etc. Act 1974

The Schedule, which contains amendments to regulations made under section 15 of the Health and Safety at Work etc. Act 1974f1 in consequence of the provisions of section 1 of the Deregulation Act 2015, has effect.

3Review

(1)

Before the end of each review period, the Secretary of State must—

(a)

carry out a review of this Order;

(b)

set out the conclusions of the review in a report; and

(c)

publish the report.

(2)

The report must in particular—

(a)

set out the objectives intended to be achieved by the regulatory system established by this Order;

(b)

assess the extent to which those objectives are achieved; and

(c)

assess whether those objectives remain appropriate, and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3)

“Review period” means the period of five years beginning with the day on which this Order comes into force.

Signature

Signed by authority of the Secretary of State for Work and Pensions.

Justin Tomlinson

Parliamentary Under Secretary of State,

Department for Work and Pensions

31st August 2015

1Health and Safety (First-Aid) Regulations 1981

For regulation 5 of the Health and Safety (First-Aid) Regulations 1981f1 (duty of self-employed person to provide first-aid equipment) substitute—

“Duty of relevant self-employed person to provide first-aid equipment

5.
(1)

A relevant self-employed person must provide, or ensure that there is provided, such equipment, if any, as is adequate and appropriate in the circumstances to enable that person to render first-aid to himself or herself while at work.

(2)

For the purpose of this regulation “relevant self-employed person” means a self-employed person who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the Health and Safety at Work etc. Act 1974f2.”.

2Personal Protective Equipment at Work Regulations 1992

(1)

The Personal Protective Equipment at Work Regulations 1992f1 are amended as follows.

(2)

For “self-employed person” substitute “relevant self-employed person” in each place occurring.

(3)

For regulation 2(1) (interpretation) substitute—

“(1)

In these Regulations—

(a)

unless the context otherwise requires, “personal protective equipment” means all equipment (including clothing affording protection against the weather) which is intended to be worn or held by a person at work and which protects the person against one or more risks to that person’s health or safety, and any addition or accessory designed to meet that objective; and

(b)

“relevant self-employed person” means a self-employed person who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the Health and Safety at Work etc. Act 1974.”.

(4)

In the full-out words in regulation 6(3), for “the relevant” substitute “that”.

3Manual Handling Operations Regulations 1992

In regulation 2 of the Manual Handling Operations Regulations 1992f1 (interpretation)—

(a)

in paragraph (2) for “self-employed person” insert “relevant self-employed person”; and

(b)

after paragraph (2) insert—

“(3)

For the purposes of paragraph (2) “relevant self-employed person” means a self-employed person who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the Health and Safety at Work etc. Act 1974.”.

4Provision and Use of Work Equipment Regulations 1998

In regulation 3 of the Provision and Use of Work Equipment Regulations 1998f1 (application)—

(a)

in paragraph (3)(a) for “self-employed person” substitute “relevant self-employed person”; and

(b)

in paragraph (11) after the definition of “merchant shipping requirements” insert—

  • ““relevant self-employed person” means a self-employed person who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the 1974 Act;”.

5Lifting Operations and Lifting Equipment Regulations 1998

In regulation 3 of the Lifting Operations and Lifting Equipment Regulations 1998f1 (application)—

(a)

in paragraph (3)(a) for “self-employed person” substitute “relevant self-employed person”;

(b)

In paragraph (11) after the definition of “merchant shipping requirements” insert—

  • ““relevant self-employed person” means a self-employed person who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the 1974 Act;”.

6Management of Health and Safety at Work Regulations 1999

In regulation 3 of the Management of Health and Safety at Work Regulations 1999f1 (risk assessment)—

(a)

in paragraph (2) for “self-employed person” substitute “relevant self-employed person”;

(b)

in paragraph (3) for “self-employed person”, in both places it appears, substitute “relevant self-employed person” and

(c)

after paragraph (3) insert—

“(3A)

In this regulation “relevant self-employed person” means a self-employed person who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the Health and Safety at Work etc. Act 1974.”.

7Control of Substances Hazardous to Health Regulations 2002

(1)

The Control of Substances Hazardous to Health Regulations 2002f1 are amended as follows.

(2)

In regulation 3 (duties under these Regulations)—

(a)

in paragraph (2) for “self-employed person” substitute “relevant self-employed person” in each place occurring;

(b)

after paragraph (2) insert—

“(2A)

For the purposes of this regulation “relevant self-employed person” means a self-employed person who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the 1974 Act.”.

(3)

In regulation 20 (modification of section 3(2) of the 1974 Act)—

(a)

after “self-employed person” insert “who conducts an undertaking of a prescribed description”;

(b)

for “his undertaking” substitute “the undertaking”.

8Work at Height Regulations 2005

In regulation 3 of the Work at Height Regulations 2005f1 (application)—

(a)

in paragraph (3)(a) for “self-employed person” substitute “relevant self-employed person”; and

(b)

in paragraph (3)(b) after “self-employed person” insert “or relevant self-employed person”; and

(c)

before paragraph (6)(c) insert—

“(ba)

“relevant self-employed person” means a self-employed person who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the 1974 Act;”.

9Control of Vibration at Work Regulations 2005

In regulation 3 of the Control of Vibration at Work Regulations 2005f1 (application and transitional provisions)—

(a)

in paragraph (5) for “self-employed person” substitute “relevant self-employed person” in each place occurring;

(b)

after paragraph (5) insert—

“(5A)

For the purposes of this regulation, “relevant self-employed person” means a self-employed person who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the Health and Safety at Work etc. Act 1974.”.

10Control of Noise at Work Regulations 2005

In regulation 3 of the Control of Noise at Work Regulations 2005f1 (application)—

(a)

in paragraph (3) for “self-employed person” substitute “relevant self-employed person” in each place occurring;

(b)

after paragraph (3) insert—

“(3A)

For the purposes of this regulation, “relevant self-employed person” means a self-employed person who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the Health and Safety at Work etc. Act 1974.”.

11Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013

In regulation 3 of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013f1 (responsible person)—

(a)

in paragraph (1)(b)(ii) for “self-employed person” in the first place in which it occurs substitute “relevant self-employed person”;

(b)

after paragraph (2) insert—

“(3)

For the purposes of this regulation, “relevant self-employed person” means a self-employed person who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the 1974 Act.”.

12Genetically Modified Organisms (Contained Use) Regulations 2014

In regulation 4 of the Genetically Modified Organisms (Contained Use) Regulations 2014f1 (meaning of “work” and “at work” and modification of the 1974 Act)—

(a)

in paragraph (3)(a) after “self-employed person” insert “who conducts an undertaking of a prescribed description”;

(b)

in sub-paragraph (b) for “that person’s undertaking” substitute “the undertaking”.

Explanatory note

(This note is not part of the Order)

Section 3(2) of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”) was amended by the Deregulation Act 2015 (c. 20) to limit the scope of the general duty under that section. Only those self-employed persons who conduct undertakings of a prescribed description will have an obligation to conduct their undertaking in such a way as to ensure that, so far as is reasonably practicable, they themselves and other persons who may be affected thereby are not exposed to risks to their health and safety.

For the purposes of Part 1 of the 1974 Act, “prescribed” means prescribed in regulations made by the Secretary of State. The Health and Safety at Work etc. Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations (S.I. 2015/1583) prescribe descriptions of undertakings for the purposes of section 3 of the 1974 Act.

This Order makes amendments to Regulations made under section 15 of the 1974 Act in consequence of these changes.

Article 3 requires the Secretary of State to review the operation and effect of this Order and publish a report within five years after it comes into force and within every five years after that. Following a review, it will fall to the Secretary of State to consider whether the Order should remain as it is, or be revoked or amended. A further instrument would be required to revoke this Order or to amend it.

A full impact assessment of the effect that section 1 of the Deregulation Act 2015 will have on the costs of business and the voluntary sector is annexed to the Explanatory Memorandum accompanying this Order. It is available from the Health and Safety Executive, Redgrave Court, Merton Road, Merseyside, L20 7HS and also in the libraries of both Houses of Parliament.