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Health and Safety at Work etc. Act 1974 in Scotland

1974 c. 37 · Enacted 31 July 1974 · Extends to United Kingdom

Not fully up to date. 6 changes made by later legislation have not yet been written into this text, which is revised to 16 July 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 51BinsertedBuilding Safety (Wales) Act 2026 Sch. 3 para. 1
Sch. 1words repealedFireworks Act 2003 Sch.
Pt. 1modifiedEnergy Act 2008 s. 99(1)
Pt. 1power to repeal or modify conferredEnergy Act 2008 s. 99(2)
Pt. 1power to exclude conferredDefence Reform Act 2014 Sch. 1 para. 4(1)(b)(c)
s. 21-25power to exclude conferredDefence Reform Act 2014 Sch. 1 para. 4(1)(a)

E1C1C2C3C4C5C6C7C8C9C10C11An Act to make further provision for securing the health, safety and welfare of persons at work, for protecting others against risks to health or safety in connection with the activities of persons at work, for controlling the keeping and use and preventing the unlawful acquisition, possession and use of dangerous substances, and for controlling certain emissions into the atmosphere; to make further provision with respect to the employment medical advisory service; to amend the law relating to building regulations, and the Building (Scotland) Act 1959; and for connected purposes.

[31st July 1974]

Annotations to the whole text

Modifications

C1

Act applied (15.12.1999) by 1996 c. 18, Pt. VIII, s. 72(4) (as substituted (15.12.1999) by 1999 c. 26, ss. 7, 8, 9, Sch. 4 Pt. I; S.I. 1999/2830, art. 2(2))

Act extended (11.10.1999) by S.I. 1999/2550, reg. 3

C2

Act applied by S.I. 1988/778, reg. 11(1)

C3

Act applied by S.I. 1990/13, reg. 11(5)

Act applied in part (1.9.1993) by S.I. 1993/1746, reg. 18(1)(a).

Act extended (1.1.1994) by S.I. 1993/2379, reg. 9(a).

Act extended (1.12.1993) by S.I. 1993/2714, reg. 9(4)(a).

Act applied (31.1.1994) by S.I. 1993/3050, art. 21(1)(a) (with art. 3).

Act applied (with modifications) (29.7.1994) by S.I. 1994/1806, regs. 3(1), 12

Act applied in part (15.3.1995) by S.I. 1995/263, arts. 3-8, 10

Act applied (with modifications) (18.7.1995) by S.I. 1995/1629, art. 30(3)(b)(5)

C4

Act: specified provisions applied (with modifications) (29.11.1992) by S.I. 1992/2415, reg. 4(1)

C5

Act: specified provisions applied (1.1.1993) by S.I. 1992/2997, reg.6

C6

Act: specified provisions applied (with modifications) (E.W.S.) (1.1.1993) by S.I. 1992/3060, reg. 15(1)

C7

Act: specified provisions applied (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 21(1)

C8

Act excluded (E.W.) (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), arts. 1(3), 47 (with art. 49) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2)

C9

Act modified (30.5.2007) by The National Assembly for Wales Commission (Crown Status) (No. 2) Order 2007 (S.I. 2007/1353), art. 2

C10

Act modified (E.W.S.) (26.3.2015) by The Ship Recycling Facilities Regulations 2015 (S.I. 2015/430), regs. 1(1), 5 (as amended (31.12.2020) by The Ship Recycling (Facilities and Requirements for Hazardous Materials on Ships) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/277), regs. 1, 3(4); 2020 c. 1, Sch. 5 para. 1(1))

C11

Act applied (E.W.S.) (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398), reg. 36(8) (with reg. 4(2), Sch. 14)

Extent

E1

For the application of this Act to Northern Ireland see s. 84(1); Pt. III of this Act (except s. 75 and Sch. 7) does not extend to Scotland see s. 84(2).

Contents

  1. Part I: Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere
  2. Preliminary
  3. 1Preliminary.
  4. General duties
  5. 2General duties of employers to their employees.
  6. 3General duties of employers and self-employed to persons other than their employees.
  7. 4General duties of persons concerned with premises to persons other than their employees.
  8. 5General duty of persons in control of certain premises in relation to harmful emissions into atmosphere.
  9. 6General duties of manufacturers etc. as regards articles and substances for use at work.
  10. 7General duties of employees at work.
  11. 8Duty not to interfere with or misuse things provided pursuant to certain provisions.
  12. 9Duty not to charge employees for things done or provided pursuant to certain specific requirements.
  13. The Health and Safety Commission and the Health and Safety Executive
  14. 10Establishment of the Executive.
  15. 11Functions of the Executive.
  16. 11APowers of the Executive: buildings in England Repealed
  17. 12Control of the Executive by the Secretary of State.
  18. 13Powers of the Executive.
  19. 14Power of the Commission to direct investigations and inquiries.
  20. Health and safety regulations and approved codes of practice
  21. 15Health and safety regulations.
  22. 16Approval of codes of practice by the Executive.
  23. 17Use of approved codes of practice in criminal proceedings.
  24. Enforcement
  25. 18Authorities responsible for enforcement of the relevant statutory provisions.
  26. 19Appointment of inspectors.
  27. 20Powers of inspectors.
  28. 21Improvement notices.
  29. 22Prohibition notices.
  30. 24Appeal against improvement or prohibition notice.
  31. 25Power to deal with cause of imminent danger.
  32. 25APower of customs officer to detain articles and substances.
  33. 26Power of enforcing authorities to indemnify their inspectors.
  34. Obtaining and disclosure of information
  35. 27Obtaining of information by the Commission, the Executive, enforcing authorities etc.
  36. 27AInformation communicated by Commissioners for Revenue and Customs.
  37. Special provisions relating to agriculture
  38. 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  39. 30Agricultural health and safety regulations.
  40. 31, 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  41. Provisions as to offences
  42. 33Offences
  43. 34Extension of time for bringing summary proceedings.
  44. 35Venue.
  45. 36Offences due to fault of other person.
  46. 37Offences by bodies corporate.
  47. 38Restrictions on institution of proceedings in England and Wales.
  48. 40Onus of proving limits of what is practicable etc.
  49. 41Evidence.
  50. 42Power of court to order cause of offence to be remedied or, in certain cases, forfeiture.
  51. Financial provisions
  52. 43Financial provisions.
  53. 43ARailway safety levy
  54. Miscellaneous and supplementary
  55. 44Appeals in connection with licensing provisions in the relevant statutory provisions.
  56. 45Default powers.
  57. 46Service of notices.
  58. 47Civil liability.
  59. 48Application to Crown.
  60. 49Adaptation of enactments to metric units or appropriate metric units.
  61. 50Regulations under the relevant statutory provisions.
  62. 51Exclusion of application to domestic employment.
  63. 52Meaning of work and at work.
  64. 53General interpretation of Part I.
  65. 54Application of Part I to Isles of Scilly.
  66. Part II: The Employment Medical Advisory Service
  67. 55Functions of, and responsibility for maintaining, employment medical advisory service.
  68. 56Functions of authority responsible for maintaining the service.
  69. 57Fees.
  70. 58Other financial provisions.
  71. 59Duty of responsible authority to keep accounts and to report.
  72. 60Supplementary.
  73. Part III: Building Regulations, and Amendment of Building (Scotland) Act 1959
  74. 75Amendment of Building (Scotland) Act 1959. Repealed
  75. Part IV: Miscellaneous and General
  76. 77Amendment of Radiological Protection Act 1970.
  77. 78Amendment of Fire Precautions Act 1971.
  78. 79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  79. 80General power to repeal or modify Acts and instruments.
  80. 81Expenses and receipts.
  81. 82General provisions as to interpretation and regulations.
  82. 83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  83. 84Extent, and application of Act.
  84. 85Short title and commencement.
  85. Schedule 1Existing Enactments which are Relevant Statutory Provisions
  86. Part: The Health and Safety Executive
  87. 1Paragraph 1
  88. 2Paragraph 2
  89. Part: Terms of Appointment of the Executive
  90. 3Paragraph 3
  91. 4Paragraph 4
  92. 4AParagraph 4A
  93. 5Paragraph 5
  94. Part: Remuneration of Members
  95. 6Paragraph 6
  96. Part: Proceedings of the Executive
  97. 7Paragraph 7
  98. Part: Staff
  99. 8Paragraph 8
  100. Part: Performance of functions
  101. 9Paragraph 9
  102. Part: Accounts and Reports
  103. 10Paragraph 10
  104. Part: Supplemental
  105. 11Paragraph 11
  106. Schedule 3: Subject-Matter of Health and Safety Regulations
  107. 1Paragraph 1
  108. 2Paragraph 2
  109. 3Paragraph 3
  110. 4Paragraph 4
  111. 5Paragraph 5
  112. 6Paragraph 6
  113. 7Paragraph 7
  114. 8Paragraph 8
  115. 9Paragraph 9
  116. 10Paragraph 10
  117. 11Paragraph 11
  118. 12Paragraph 12
  119. 13Paragraph 13
  120. 14Paragraph 14
  121. 15Paragraph 15
  122. 16Paragraph 16
  123. 17Paragraph 17
  124. 18Paragraph 18
  125. 19Paragraph 19
  126. 20Paragraph 20
  127. 21Paragraph 21
  128. 22Paragraph 22
  129. Interpretation
  130. 23Paragraph 23
  131. Schedule 3A: OFFENCES: MODE OF TRIAL AND MAXIMUM PENALTY
  132. 1Paragraph 1
  133. 2Paragraph 2
  134. Schedule 4Schedule 4
  135. Schedule 5Schedule 5
  136. Schedule 6Schedule 6
  137. Schedule 7
  138. 1Paragraph 1
  139. 2Paragraph 2
  140. 3Paragraph 3
  141. 4Paragraph 4
  142. 5Paragraph 5
  143. 6Paragraph 6
  144. 7Paragraph 7
  145. 8Paragraph 8
  146. 9Paragraph 9
  147. Schedule 8: Transitional Provisions with respect to Fire Certificates under Factories Act 1961 or Offices, Shops and Railway Premises Act 1963
  148. 1Paragraph 1
  149. 2Paragraph 2
  150. 3Paragraph 3 Repealed
  151. Schedule 9
  152. The Coroners (Amendment) Act 1926
  153. 1Paragraph 1
  154. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  156. 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  157. Schedule 10Schedule 10