Explanatory note

These Regulations contain repeals and modifications of provisions of the following Acts and certain instruments thereunder—

(a) the Factories Act 1961;

(b) the Hours of Employment (Conventions) Act 1936; and

(c) the Employment Medical Advisory Service Act 1972.

They are made in consequence of the establishment on 1st January 1975 of the Health and Safety Executive and the coming into operation on that date of provisions of the Health and Safety at Work etc. Act 1974 which supersede or affect the said provisions.

The Regulations therefore—

(a) transfer certain powers under the 1961 Act connected with the enforcement of that Act from the Secretary of State to the Health and Safety Executive;

(b) transfer the functions of inspectors appointed under the 1961 Act to inspectors appointed by the Health and Safety Executive under the 1974 Act;

(c) apply, with certain exceptions, to offences under the 1961 Act committed on or after 1st January 1975 the penalties prescribed in the 1974 Act;

(d) repeal powers and provisions which are superseded by powers and provisions contained in the 1974 Act, including in particular—

(i) powers to make regulations and other instruments;

(ii) powers of inspectors (other than fire authority inspectors);

(iii) provisions relating to investigations and inquiries;

(iv) provisions relating to certain offences, penalties and legal proceedings.