OpenLegislation

Section 50 Regulations under the relevant statutory provisions.C5C1C2C3C4

United Kingdom

F1(1)

Where any power to make regulations under any of the relevant statutory provisions is exercisable by the Secretary of State, that power may be exercised either—

(a)

so as to give effect (with or without modifications) to proposals submitted by the Executive under section 11(3); or

(b)

subject to subsection (1AA), independently of such proposals.

(1AA)

The Secretary of State shall not exercise the power referred to in subsection (1) independently of proposals from the Executive unless F2the Secretary of State has consulted—

(a)

the Executive,

(b)

the Office for Nuclear Regulation, and

(c)

such other bodies as appear to the Secretary of State to be appropriate.

F3(1A)

Subsection (1) does not apply to the exercise of a power to make regulations so far as it is exercised—

(a)

for giving effect (with or without modifications) to proposals submitted by the F4Office of Rail and Road under paragraph 2(5) of Schedule 3 to the Railways Act 2005; or

(b)

otherwise for or in connection with the railway safety purposes.

(2)

Where the F5authority who is to exercise any such power as is mentioned in subsection (1) above proposes to exercise that power so as to give effect to any such proposals as are there mentioned with modifications, he shall, before making the regulations, consult F6— .

(a)

the Executive, and

(b)

the Office for Nuclear Regulation.

(3)

Where F7the Executive proposes to submit F8under section F911(3) any such proposals as are mentioned in subsection (1) above except proposals for the making of regulations under section 43(2), it shall, before so submitting them, consult—

F10(za)

the Office for Nuclear Regulation;

(a)

any government department or other body that appears to the Executive to be appropriate (and, in particular, in the case of proposals for the making of regulations under section 18(2), any body representing local authorities that so appearsF11...;

(b)

such government departments and other bodies, if any, as, in relation to any matter dealt with in the proposals, the Executive is required to consult under this subsection by virtue of directions given to it by the Secretary of State.

F12(4)

If the Executive has consulted the Office for Nuclear Regulation under subsection (3) in relation to a proposal under section 11(3) for regulations under any of the relevant statutory provisions, it must, when it submits the proposal (with or without modification) to the Secretary of State, also submit—

(a)

any representations made by the Office for Nuclear Regulation in response to the consultation, and

(b)

any response to those representations given by the Executive to the Office for Nuclear Regulation.

(5)

The preceding provisions of this section do not apply to the exercise of the power in section 43 to make ONR fees regulations, but the Secretary of State must consult the Office for Nuclear Regulation before—

(a)

making ONR fees regulations independently of any proposals submitted by the Office for Nuclear Regulation under section 81(1) of the Energy Act 2013, or

(b)

making ONR fees regulations which give effect to such proposals but with modifications.

(6)

In subsection (5) “ ONR fees regulations ” means regulations under section 43 so far as they make provision in relation to fees payable for or in connection with the performance of a function by or on behalf of—

(a)

the Office for Nuclear Regulation, or

(b)

any inspector appointed by the Office for Nuclear Regulation.

F134), (5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

S. 50(1)(1AA) substituted (1.4.2008) for s. 50(1) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 16(2) (with art. 21, Sch. 2)

F2

Words in s. 50(1AA) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 11(2); S.I. 2014/251, art. 4

F3

S. 50(1A) inserted (E.W.S.) (1.4.2006) by Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para. 13; S.I. 2006/266, art. 2(2), Sch.

F4

Words in s. 50(1A)(a) substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 4(c)(iv)

F5

Words substituted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 16(2)

F6

Words in s. 50(2) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 11(3); S.I. 2014/251, art. 4

F7

Words in s. 50(3) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 16(4)(b) (with art. 21, Sch. 2)

F8

Words substituted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 16(3)

F9

Words in s. 50(3) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 16(4)(a) (with art. 21, Sch. 2)

F10

S. 50(3)(za) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 11(4); S.I. 2014/251, art. 4

F11

Words in s. 50(3)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 7 para. 6; S.I. 2013/160, art. 2(2) (with arts. 7-9)

F12

S. 50(4)-(6) inserted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 11(5); S.I. 2014/251, art. 4

F13

Ss. 2(5), 29, 31, 32, 50(4)(5), 53(2)–(6) repealed by Employment Protection Act 1975 (c. 71), Sch. 18

Modifications

C1

S. 50 applied by S.I. 1989/840, arts. 2-10

C2

S. 50 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C3

Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

C4

Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C5

Pt. 1 modified (1.1.2018) by The Ionising Radiations Regulations 2017 (S.I. 2017/1075), regs. 1(2), 2(3) (with regs. 2(5), 3, Sch. 8)

Notes on Part I

Modifications

C1

Pt. 1 (ss. 1–54) extended by S.I. 1981/1011, reg. 9; and by S.I. 1983/1919, reg. 3

Pt. 1 (ss. 1-54) modified (E.W.S.) (1.2.1996) by 1995 c. 25, s. 5(5)(b) (with ss. 115, 117); S.I. 1996/186, art. 2

Pt. 1 (ss. 1-54) modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 33(5)(c) (with s. 7(6), 115, 117); S.I. 1996/186, art. 3

Pt. 1 (ss. 1-54) amended (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Pt. 1 (ss. 1-54) amended (E.W.S.) (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 10(1)(a)(3); S.I. 1996/218, art. 2

C2

Pt. 1 (ss. 1–54) extended by Gas Act 1986 (c. 44, SIF 44:2), ss. 18, 48(3)(4)

C3

Pt. 1 (ss. 1–54) applied by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 para. 6(2)

C4

Pt. 1 (ss. 1–54) amended by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36

C5

Pt. 1 (ss. 1–54) amended by S.I. 1988/1222, regs. 3, 4

C6

Pt. 1 (ss. 1–54) extended by S.I. 1989/1671, reg. 4

C7

Pt. 1 (ss. 1–54) amended by S.I. 1989/1810, reg. 3 (which S.I. was revoked (1.2.1993) by S.I. 1992/3217, reg. 25).

C8

Pt. 1 (ss. 1–54) amended by S.I. 1990/1380, reg. 3

Pt. 1 (ss. 1-54) saved by Highland Regional Council (Harbours) Order Confirmation Act (c. xii), s. 1, Sch. s. 61(1)(f)

Pt. 1 (ss. 1-54) definition applied (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 206(3)(g), 223(2)

Pt. 1 (ss. 1-54) saved by London Underground (Safety Measures) Act 1991 (c. xviii), s. 11(2)

Pt. 1 (ss. 1-54) saved by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. 1 Pt. XII para. 67(2)

C9

Pt. 1 extended by S.I. 1978/752, reg. 3

Pt. 1 (ss. 1-54): transfer of functions (E.W.) (1.4.1996) by 1995 c. 25, s. 2(1)(g)(2)(c) (with ss. 115, 117); S.I. 1996/186, art. 3

Pt. 1 (ss. 1-54): transfer of functions (S.) (12.10.1995) by 1995 c. 25, s. 21(1)(g) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

Pt. 1 (ss. 1-54): transfer of functions (E.W.S.) (12.10.1995) by 1995 c. 25, s. 21(2)(a) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

C10

Pt. 1 (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), S. 1(1)

C11

Pt. 1 (ss. 1-54) amended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 1(1)

Pt. 1 (ss. 1-54) amended (E.W.S.) (2.2.1994) by 1993 c. 43, s. 117(1)(6), 150(1)(e); S.I. 1994/202, art. 2

C12

Pt. 1 (ss. 1-54) extended (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 4

C13

Pt. 1 (ss. 1-54) modified (E.W.S.) (1.1.1993) by S.I. 1992/2051, reg. 16(2)

C14

Pt. 1 (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 2(1)

Pt. 1 (ss. 1-54) extended (E.W.S.) (2.2.1994) by 1993 c. 43, ss. 117(2)(6), 150(1)(e); S.I. 1994/202, art. 2

C15

Pt. 1 (ss. 1-54) applied (with modifications) (14.4.1999) by S.I. 1999/860, reg. 2

C16

Pt. 1 (ss. 1-54) applied (1.7.1999) by S.I. 1999/1517, reg. 12(3), Sch. 4 para. 12(3)(c)

Pt. 1: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table C

C17

Pt. 1 restricted (S.) (1.10.2006) by 2005 asp 5, ss. 70, 90; S.I. 2006/458, art. 2 (subject to art. 3)

C18

Pt. 1 modified (prosp.) by Energy Act 2008 (c. 32), ss. 99(1), 110

C19

Pt. 1: power to repeal or modify conferred (prosp.) by Energy Act 2008 (c. 32), ss. 99(1)(2), 110

C21

Pt. 1 applied (E.W.S.) (6.2.2018) by The Ionising Radiation (Medical Exposure) Regulations 2017 (S.I. 2017/1322), regs. 1, 18

Extent

E1

For the application of Pt. I to Northern Ireland see s. 84(1).