Paragraph 8 E1

England, Wales and Scotland

For the purposes of the enforcement of these Regulations by the Health and Safety ExecutiveF1, the Office for Nuclear Regulation or F2the Office of Rail and Road, and in respect of any related proceedings for contravention of these Regulations, the provisions specified in paragraph 7 shall apply as if—

(a)

references to relevant statutory provisions were references to those provisions as modified by this paragraph and to these Regulations;

(b)

references to articles, substances, articles and substances, or plant, were references to machinery or partly completed machinery, or a machine or partly completed machine, as the context may require;

(c)

references to an “enforcing authority” were references to the Health and Safety ExecutiveF3, the Office for Nuclear Regulation or the Office of Rail and Road, as appropriate;

(d)

references to the field of responsibility of an enforcing authority, however expressed, were omitted;

(e)

in section 20, subsection (3) were omitted;

(f)

section 22, as well as permitting an inspector to serve a prohibition notice in the circumstances specified in section 22(2), permitted an inspector to serve a prohibition notice in any case where—

(i)

a responsible person has failed to comply with the requirements of these Regulations in relation to F4UK marking; and

(ii)

the responsible person—

(aa)

has been served with a notice under regulation 21(3), or an improvement notice under section 21, in respect of that failure; and

(bb)

has continued to fail to comply with those requirements after the period for remedying the contravention specified in the improvement notice;

(g)

in section 23, subsections (3), (4) and (6) were omitted;

(h)

in section 33—

(i)

in subsection (1) the whole of paragraphs (a) to (d) were omitted;

(ii)

subsection (1A) were omitted;

(iii)

in subsection (2), the reference to paragraph (d) of subsection (1) were omitted;

(iv)

subsection (2A) were omitted;

(v)

for subsection (3) there were substituted the following—

“(3)
A person guilty of an offence under any paragraph of subsection (1) not mentioned in subsection (2), or of an offence under subsection (1)(e) not falling within subsection (2), shall be liable—
(a)
on summary conviction, to a fine not exceeding level 5 on the standard scale; or
(b)
on conviction on indictment—
(i)
in the case of an offence under subsection (1)(g) or of an offence under subsection (1)(j), to imprisonment for a term not exceeding two years, or a fine, or both; or
(ii)
in all other cases, to a fine.”; and

(vi)

subsection (4) were omitted;

(i)

in section 34—

(i)

paragraphs (a) and (b) of subsection (1) were omitted; and

(ii)

in subsection (3) for “six months” there were substituted “ twelve months ”; and

(j)

in section 42, subsections (4) and (5) were omitted.

Annotations

Textual amendments

F1: Words in Sch. 5 para. 8 inserted (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. 3 para. 130(6)(a) (with Sch. 4)
F2: Words in Sch. 5 paras. 6-8 substituted (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 10(t)(iii)
F3: Words in Sch. 5 para. 8(c) inserted (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. 3 para. 130(6)(b) (with Sch. 4)
F4: Word in Sch. 5 para. 8(f)(i) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 12 para. 34(a) (with Sch. 12 para. 22) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Extent

E1: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Notes on Part

Textual amendments

F1: Words in Sch. 5 para. 7 cross-heading inserted (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. 3 para. 130(4) (with Sch. 4)
F2: Words in Sch. 5 para. 7 cross-heading substituted (E.W.S.) (16.10.2015) by The Office of Rail Regulation (Change of Name) Regulations 2015 (S.I. 2015/1682), reg. 1(2), Sch. para. 10(t)