OpenLegislation

Paragraph 3 I1C1C2

United Kingdom

(1)

This paragraph applies where—

(a)

a special report on a matter is made under section 84(1);

(b)

a report is made by a person holding an ONR inquiry;

(c)

a coroner's inquest is held into a relevant death; or

(d)

F1F2an inquiry under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is held into a relevant death.

(2)

A “relevant death” is the death of any person which may have been caused—

(a)

by an accident which happened while at work,

(b)

by a disease which the person contracted (or probably contracted) while at work, or

(c)

by an accident, act or omission which occurred in connection with the work of any person.

(3)

Sub-paragraph (4) applies if it appears from—

(a)

the report mentioned in sub-paragraph (1)(a) or (b),

(b)

the inquest mentioned in sub-paragraph (1)(c), or

(c)

the proceedings at the inquiry mentioned in sub-paragraph (1)(d),

that a relevant provision was contravened at a time which is material in relation to the subject-matter of the report, inquest or inquiry.

(4)

Summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within 3 months of—

(a)

the making of the report in question, or

(b)

(as the case may be) the conclusion of the inquest or inquiry.

Annotations

Textual amendments

F1

Words in Sch. 10 para. 3(1)(d) substituted (S.) (15.6.2017) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), s. 42(2), sch. 2 para. 15(3); S.S.I. 2017/155, reg. 2 (with regs. 4(2), 5)

F2

Words in Sch. 10 para. 3(1)(d) substituted (E.W.N.I.) (15.6.2017) by The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1142), art. 1(2), Sch. para. 9(3) (with art. 7(2)); S.S.I. 2017/155, reg. 2

Modifications

C1

Sch. 10 excluded (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 1 para. 4 (with Sch. 4)

C2

Sch. 10 paras. 3-5 excluded (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 1 para. 5(6) (with Sch. 1 paras. 6, 4)

Commencement

I1

Sch. 10 para. 3 in force at 1.4.2014 by S.I. 2014/251, art. 4