{
  "url": "https://openlegislation.uk/health-and-safety-at-work-etc-act-1974/schedule-3A/paragraph-1",
  "json_url": "https://openlegislation.uk/health-and-safety-at-work-etc-act-1974/schedule-3A/paragraph-1.json",
  "legislation": "ukpga/1974/37",
  "legislation_title": "Health and Safety at Work etc. Act 1974",
  "legislation_url": "https://openlegislation.uk/health-and-safety-at-work-etc-act-1974",
  "path": "schedule/3A/paragraph/1",
  "kind": "paragraph",
  "number": "1",
  "heading": null,
  "text": "The mode of trial and maximum penalty applicable to each offence listed in the first column of the following table are as set out opposite that offence in the subsequent columns of the table.\nOffence\nMode of trial\nPenalty on summary conviction\nPenalty on conviction on indictment\nAn offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of sections 2 to 6.\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months the general limit in a magistrates’ court, or a fine not exceeding £20,000 fine, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.\nAn offence under section 33(1)(a) consisting of a failure to discharge a duty to which a person is subject by virtue of section 7.\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months the general limit in a magistrates’ court, or a fine not exceeding the statutory maximum fine, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.\nAn offence under section 33(1)(b) consisting of a contravention of section 8.\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months the general limit in a magistrates’ court, or a fine not exceeding £20,000 fine, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.\nAn offence under section 33(1)(b) consisting of a contravention of section 9.\nSummarily or on indictment.\nA fine not exceeding £20,000 fine.\nA fine.\nAn offence under section 33(1)(c).\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months the general limit in a magistrates’ court, or a fine not exceeding £20,000 fine, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.\nAn offence under section 33(1)(d).\nSummarily only.\nA fine not exceeding level 5 on the standard scale fine.\nAn offence under section 33(1)(e), (f) or (g).\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months the general limit in a magistrates’ court, or a fine not exceeding £20,000 fine, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.\nAn offence under section 33(1)(h).\nSummarily only.\nImprisonment for a term not exceeding 51 weeks (in England and Wales) or 12 months (in Scotland), or a fine not exceeding level 5 on the standard scalefine, or both.\nAn offence under section 33(1)(i).\nSummarily or on indictment.\nA fine not exceeding the statutory maximumfine.\nA fine.\nAn offence under section 33(1)(j).\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months the general limit in a magistrates’ court, or a fine not exceeding the statutory maximumfine, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.\nAn offence under section 33(1)(k), (l) or (m).\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months the general limit in a magistrates’ court, or a fine not exceeding £20,000fine, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.\nAn offence under section 33(1)(n).\nSummarily only.\nA fine not exceeding level 5 on the standard scale fine.\nAn offence under section 33(1)(o).\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months the general limit in a magistrates’ court, or a fine not exceeding £20,000 fine, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.\nAn offence under the existing statutory provisions for which no other penalty is specified.\nSummarily or on indictment.\nImprisonment for a term not exceeding 12 months the general limit in a magistrates’ court, or a fine not exceeding £20,000 fine, or both.\nImprisonment for a term not exceeding two years, or a fine, or both.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 3A inserted (16.1.2009) by Health and Safety (Offences) Act 2008 (c. 20), ss. 1(2), 3(2), Sch. 1 (with s. 3(3))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Sch. 3A table substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Sch. 3A para. 1 substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 7(a) (with reg. 5(1))"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in Sch. 3A para. 1 substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 7(b) (with reg. 5(1))"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Sch. 3A para. 1 substituted (E.W.) (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 7(c) (with reg. 5(1))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1974/37/schedule/3A/paragraph/1",
    "retrieved_at": "2026-10-29T10:43:47.162415+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}