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Health and Safety Executive Inspector Warrants

HSE appoints Inspectors under Section 19 of the Health and Safety at Work etc. Act 1974 (HSWA) and under other legislation, discussed further below.  The HSE instrument of appointment, commonly referred to as a warrant is an official legal document that confirms that the named inspector is empowered to enforce the laws which are within HSE’s field of responsibility. The instrument of appointment is usually two parts for HSE Inspectors:

The laws that an inspector is appointed to enforce depends upon their role. The warrant specifies the range of powers for each inspector:

HSE inspectors undertake an extensive programme of training and operate under appropriate supervision until considered competent to exercise their powers in an appropriate and proportionate way.

Inspector Warrants – Natural England

HSE also appoints Wildlife Management Advisers from Natural England as inspectors and  issues them with two separate warrants for the purpose of investigating incidents reported under the Wildlife Incident Investigation Scheme (WIIS)   The legislation under which Natural England inspectors are appointed /authorised is:

These warrants consist of only one part:

How Powers are used

HSE believes in firm but fair enforcement of health and safety law. Inspectors target premises in accordance with published strategies and enforcement policies and procedures.  HSE inspectors use their powers in accordance with publicised procedures that ensure transparency and accountability and enable inspectors to take a consistent approach which is informed by the principles of proportionality in applying the law and securing compliance.

Appendix 1

Examples of legislation that are not relevant statutory provisions but which HSE inspectors may enforce employing powers afforded by the HSWA

SI Name and Number Provisions Effect

Supply of Machinery (Safety) Regulations 2008 (SI 2008/1597)

Made under section 2(2) ECA 1972

Regulation 20 and Schedule 5 Sections 19 to 28, 33 to 35, 38, 39, 41 and 42 of the 1974 Act and 36(1) and (2) and 37 apply (as modified) as if references to relevant statutory provisions were references to the HSWA provisions mentioned above as modified by para 8 of Schedule 5 and to these Regulations.

Ionising Radiation (Medical Exposure) Regulations 2000 (SI 2000/1059)

Made under section 2(2) ECA 1972

Regulation 12 The provisions of these Regulations shall be enforced is if they were health and safety regulations made under section 15 of the Health and Safety at Work etc. Act 1974.

Cableways Installation Regulations 2004 (SI 2004/129)

Made under section 2(2) ECA 1972

Regulation 23 Sections 19-22, 23, 25A, 27, 33 to 42 and 48 of HSWA to be applied as if these Regulations were health and safety regulations.

Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries) (England and Wales) Regulations 2009 (SI 2009/1927)

Made under section 2(2) ECA 1972 and section 15 HSWA

Regulation 9 Sections 33 to 42 of HSWA apply, subject to any necessary modifications, as if these Regulations were health and safety regulations. 

Lifts Regulations 1997 (SI 1997/831)

Made under section 2(2) ECA 1972

Schedule 15 Sections 19 to 28, 33-35. 38, 39, 41 and 42 of HSWA apply for the purposes of enforcing the regulations as if references to the relevant statutory provisions were references to those sections as applied by this paragraph and to these Regulations.

Simple Pressure Vessels (Safety) Regulations 1991 (SI 1991/2749)

Made under section 2(2) ECA 1972

Schedule 5 Sections 19 to 21, 22, 23, 24, 25A to 28, 33 to 35, 38,39 and 41 shall apply for the purposes of enforcement  as if references to the relevant statutory provisions were references to those sections as applied by this paragraph and to these Regulations.

Pressure Equipment Regulations 1999 (SI 1999/2001)

Made under section 2(2) ECA 1972

Schedule 8 Sections 19 to 28, 33 to 35, 38, 39, 41 and 42 shall apply for the purposes of these Regulations... as if references to the relevant statutory provisions were references to those sections as applied by this paragraph and to these Regulations.. 

Appendix 2

Updated 2016-05-12