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HSC/HSE merger enforcement statement

Statement specifying the terms of delegation of powers on enforcement issues to officials following the merger of the Health and Safety Commission and the Health and Safety Executive

  1. To improve governance arrangements, the Health and Safety Commission and the current three person Health and Safety Executive  have agreed to merge into a new unitary body, bringing together their powers and functions, and retaining the name Health and Safety Executive. In doing so, they are committed to maintaining the current legal position whereby only duly authorised officials make individual enforcement decisions. 
  2. A new authorisation instrument has been drawn up and is reproduced in the Annex. The Commission is satisfied that it achieves the desired effect with respect to enforcement.

Annex

Draft Authorisation Under Section 10 Of And Schedule 2 To The Health And Safety At Work Etc Act 1974

  1. The Health and Safety Executive ("the Executive") gives the following authorisations in exercise of the powers conferred on it by section 10 of, and paragraphs 9 and 12 of Schedule 2 to, the Health and Safety at Work etc. Act 1974 ("the Act").
  2. Subject to paragraphs (4) and (6) –
    1. the Chair of the Executive ("the Chair")  may–
      1. do on behalf of the Executive anything that the Executive is authorised or required to do; and
      2. authorise in writing the Secretary of the Executive ("the Secretary") to do such a thing on her behalf; and
    2. the Secretary, and any other person authorised in writing by the Chair to do so, may–
      1. sign or execute on behalf of the Executive any documents including, but not limited to, agreements, letters, and memoranda, entered into pursuant to the Executive’s functions
      2. authenticate by his or her signature the Executive’s common seal on any such document.
  3. Subject to paragraphs (5) and (6), the Chief Executive appointed under paragraph 8 of Schedule 2 to the Act may –
    1. do on behalf of the Executive anything that the Executive is authorised or required to do; and
    2. authorise in writing (whether generally or specifically) any member of the staff of the Executive to do such a thing on the Executive’s behalf.
  4. The authorisation in paragraph (2) (and any authorisation made under it) does
    not enable the Chair, the Secretary or any other person –
    1. to make any decision concerning the enforcement of the relevant statutory provisions in a particular case, or
    2. to legislate by subordinate instrument.
  5. The authorisation in paragraph (3) (and any authorisation made under it) does
    not enable the Chief Executive or any other person -
    1. to exercise any of the Executive’s functions under the following provisions                  
      of the Act -
      1. section 11(3) (submitting proposals for the making of regulations to the Secretary of State);
      2. section 13(3) (making agreements with government departments or others for them to perform the Executive’s functions);
      3. section 13(4) (making agreements with Ministers, government departments or public authorities to perform their functions);
      4. section 14(2) and (2A) (conducting and authorising investigations and directing inquiries)
      5. section 16(1) (approving, revising  etc. codes of practice); or
    2. otherwise to legislate by subordinate instrument.
  6. Nothing in the authorisations set out in paragraphs (2) and (3) prejudices or affects the right of the Executive to exercise any of its powers or functions instead of, or jointly with, any person authorised in pursuance of those authorisations.
  7. In paragraph (4)(a), "the relevant statutory provisions" has same meaning as it has in the Act.

This document will be signed by the Chair and two members of the Health and Safety Executive on completion of the merger.

Updated 2012-10-07