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Appendix: Health and Safety (Enforcing Authority) Regulations 1998: A-Z guide to allocation

Back to main paper OG 00073

SUBJECT EA COMMENTS
Accommodation
1. Hotel, guest-houses, hostels
LA  
2. Permanent or temporary caravan/camping sites LA HSE for caravan/camp site operated by HSE-enforced occupier on his/her own premises where it is not a separate business but a minor activity, e.g. farmer.
HSE for incidents concerning individual long-term tenants where caravan is being used as domestic residence rather than holiday accommodation.
LA for site operator.
HSE/LA for LA-operated sites, and at temporary caravans/offices at construction activities.
3. Bail hostels run by Probation Service where people are required to stay by the courts LA HSE for hostels operated and staffed by LA employees.
4. Temporary fixed or mobile accommodation provided for casual farm workers or construction sites HSE Where the accommodation provided is not a separate business but a minor activity.
5. Care home with nursing (Nursing Home) HSE

Main activity is the provision of nursing / medical care.

NOTE. Dual registered care homes will be either HSE (where the main activity is nursing care), or LA (where the main activity is residential care)

6. Care home without nursing (Residential Care homes or centres) LA Main activity is the provision of residential accommodation. HSE where home is run or owned by LA.
The only exception to this will be where the main activity is the provision of education (i.e. an educational establishment) despite there also being a large element of residential care. HSE
7. Other types of care accommodation including, supported living schemes, sheltered housing, housing support services, and shared lives schemes HSE Where the premises are deemed to be a ‘private domestic household’ (for example, where an individual has short-hold tenancy agreement or mortgage). HSE enforcement is confined to peripatetic work activities or their effects. Where there is provision of on-going healthcare in a ‘private domestic household’ (e.g. substance misuse or mental illness). HSE enforcement is confined to peripatetic work activities or their effects. NOTE: HSWA does not apply where work activities taking place in private domestic households (e.g. domiciliary care) are considered to be domestic in nature and the employee is solely employed as a ‘domestic servant’.
LA Where range of services is provided to help adults live independently in ‘non-domestic premises’.
8. Housing Associations HSE Management of a domestic property by a housing association doesn’t alter the fact that it is a ‘domestic premise’. HSE enforcement is confined to peripatetic work activities or their effects.
9. Bed and Breakfast accommodation HSE Private dwellings, in which one or 2 bedrooms are let out, do not cease to be ‘domestic premises’. and enforcement remains with HSE.
LA if this is the main activity in non-domestic premises.
10. Holiday lets HSE Occasional arrangement between owner occupier and lessee, where the property essentially remains ‘domestic premises’.
LA Where temporary or permanent accommodation is provided for more than 20 weeks.
Legislation other than the relevant statutory provisions of HSW Act LA General legislation relating to housing and public health provisions.
Rented domestic accommodation HSE The management of domestic property by a housing association doesn’t alter the fact that it is ‘domestic premises’.
Houses in multiple occupation (HMOs) HSE LAs only enforce housing legislation etc.
Acupuncture LA HSE when carried out under the supervision or control of a registered medical practitioner (Sch 1 para 8).
HSE when carried out in domestic property.
Adventure Activity Centres LA/HSE Centres offering specified activities to under 18s in return for are subject to Adventure Activities Licensing Regulations 2004.
a) Commercial operation catering for under 18 yrs (includes a voluntary organisation selling more than 3 days adventure activities to non members) LA The LA duties are extended by AALR to cover activities conducted remote from a base where that base is allocated to them.
b) Provision for under 18 yrs by educational authority/local authority HSE  
c) Provision by a school or college HSE  
d) Provision by peripatetic provider who retains domestic premises as a base for peripatetic and remote working. HSE  
Aerodrome activities LA Where the main activity is the practice or presentation of the arts, sports, games entertainment or other cultural or recreational activities.(Sch 1 para 9).
HSE Where the main activity is business flights. See Memorandum of Understanding with the Civil Aviation Authority under ‘Airports’ below.
CAA Occupational health and safety of the flight crew and cabin crew on aircraft. Health of passengers on aircraft.
Agricultural activities HSE Reg.2(1)(a) defines this as including horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, including the management of livestock up to the point of slaughter or export from Great Britain, forestry, the use of land as grazing land, market gardens and nursery grounds and the preparation of land for agricultural use. (Sch 2 para 7).
But these activities are not defined as ‘agricultural activities’ when carried out at a garden centre or other shop. (Reg. 2.(1)(b)). LA enforced.
For this purpose ‘livestock breeding and keeping’ does not include activities the main purpose of which is entertainment. (Reg 2.(1)). Thus ‘open farms’ visited by the general public would be LA enforced.
Agricultural shows HSE Any activity at an agricultural show which involves the handling of livestock or the working of agricultural equipment. (Sch 2 para 7). Horses do not fall within definition of ‘livestock’ unless used for any agricultural activity, e.g. ploughing.
LA where no agricultural activity, unless part of a farm and not a separate legal entity.
Aircraft (civil) activities HSE

Activities on during aircraft turnaround, including refuelling, cargo and baggage loading and unloading, internal and external aircraft cleaning, maintenance activities etc.

Airports HSE The common parts of land within the perimeter of an airport (except airport car parks), which are not within a building or to which passengers are admitted but other members of the public are not admitted (reg.3(4)(b)), ie ‘air-side’ to which only passengers and airport employees have access.
The common parts of land within the perimeter of an airport (except airport car parks), which are not within a building or to which passengers are admitted but other members of the public are not admitted (reg.3(4)(b)), ie ‘air-side’ to which only passengers, airport employees and contractors have access. Full details of regulatory responsibilities for enforcing occupational health and safety can be found in the HSE and Civil Aviation Authority (CAA) Memorandum of Understanding.
LA Separately occupied premises and common parts within a building to which members of the public have access.
Airport car parking facilities. (Sch 1 para 14).
All-terrain vehicles (ATVs and quad bikes) HSE Agriculture and forestry, and where used by fire services, electricity companies, water companies, the MOD and other HSE enforced activities.
LA Leisure activities.
Animals, birds or other creatures LA In connection with the care, treatment, accommodation or exhibition except as below.
HSE Where the main activity is horse breeding or horse training at a stable, or is an agricultural activity or veterinary surgery (Sch 1 para 11). Handling of livestock (Sch 2 para 7), fish, maggot and game breeding except in a zoo (Sch 2 para 10). Research.
Aquaculture HSE This also includes livestock breeding. Aquaculture includes shore based activities and activities on moored structures and vessels, e.g. floating fish cages, feed barges and moored vessels. When unmoored the vessels and structures will fall to the MCA/MIAB.
Aboriculture ORR Except where undertaken as part of the activity of ‘operation of a railway’.
Art galleries LA HSE where LA owned/administered.
Asbestos work HSE
or
LA
Falls to normal enforcing authority for the premises except when it is a construction activity. In this case allocate as Construction except that all work on maintenance or removal of asbestos from pipes, boilers or parts of heating or water systems in LA-enforced buildings fall to LA even in segregated areas. HSE is also similarly responsible for work on maintenance or removal of asbestos in connection with the ‘operation of a railway’.
Bakery HSE LA where the ‘manufacturing’ activity is in support of a single shop and the bakery is not the main activity.
Banks and building societies LA  
Beach activities LA For the practice or presentation of the arts, sports, games, entertainment or other cultural recreational activities except where the main activity is the exhibition of a cave to the public. (Sch 1 para 9). Catering services, consumer services or other Schedule 1 activities. Note LA boundary extends to low water mark.
Beauty parlours LA Including, for example, electrolysis and dermarollers (see also cosmetic services).
Boarding kennels/catteries LA  
Boats (ships) HSE Where the main activity is ship building or repairing.
MoU   The memorandum of understanding (MoU) between the Health and Safety Executive (HSE), The Maritime and Coastguard Agency (MCA) and the Maritime Accident Investigation Branch (MAIB) for Health and Safety Enforcement activities etc at the water margin and offshore.
The Merchant Shipping Act 1995 s 313 defines a ship as ‘every description of vessel used in navigation’. For the purposes of the MoU a ship is considered to be used in navigation if it operates on the sea or on waters listed in the Annex to Merchant Shipping Notice MSN 1837 (M) and subsequent revisions. Examples of some of the boats and activities where HSW Act may be enforced by HSE or LAs are detailed below.
1 Passenger operations water taxis, ferries: hotel/restaurant boats (no more than 12 passengers)   Location: waters listed in Annex to MSN 1837(M).
MCA Subject to Small Commercial Vessels Code 1994 or equivalent navigation authority standard.
MAIB Any vessel carrying more than 12 passengers must be certificated by MCA as a passenger vessel.
  Location: waters not listed in Annex to MSN 1837(M).
HSE It is expected that the boat and equipment would comply with the relevant MCA Code for vessels operating on inland waters.
LA The main activity will determine whether LAs will be the enforcing authority for HSW Act legislation.
2. Hire craft
a) Hired to public for leisure use
LA Location: inland waters (ie all waters other than the sea).
The hiring out, together with the winter maintenance, of pleasure craft for use on inland waters. (Sch 1 para 10)). Responsible for enforcing HSW legislation in relation to the hiring activity and the results of hiring out a poorly maintained boat.
HSE Location: other waters than inland waters.
MAIB Location: any waters.
MCA provides advice both directly and via District Marine Safety Committees on standards of safety for amateur boaters.
Boats may be certified by the Navigation Authority.
b) Hired to an organisation which will conduct a work activity, eg a school party with teacher in charge of boat   Location: any waters.
HSE/
MAIB
Boats may be certified by the Navigation Authority. HSE/LAs responsible for enforcing HSW legislation in relation to the hiring activity and the results of hiring out a poorly maintained boat. MCA to advise as necessary on adequacy of training for operation of boat.
c) Hired with crew, eg chartered for reception, or by professional master for commercial operation MCA/
MAIB
Location: any waters.
3 Sailing instruction (associated with adventure activities for young persons)    
a) Commercial operation catering for under 18 yrs (includes a voluntary organisation selling more than 3 days adventure activities to non members)   Location: sea waters listed in Annex to MSN 1837(M) and other waters above 100 metres wide.
MAIB Boat and equipment to comply with appropriate MCA statutory Code, equivalent navigation authority standard, or, for non-regulated pleasure vessels, Coastguard guidance.
Centre would be licensed under Adventure Activity Licensing Regulations 1996 (AALR). The Licensing Authority has no enforcement powers.
LA LA is the enforcing authority for EA Regs Sch 1 para 9 activities. The LA duties are extended by AALR to cover activities conducted remote from a base where that base is allocated to them.
b) Provision for under 18 yrs by educational authority/local authority   Location: sea waters listed in Annex to MSN 1837(M) and other waters above 100 metres wide.
MAIB Boat and equipment to comply with appropriate MCA statutory Code, equivalent navigation authority standard, or, for non- regulated pleasure vessels, Coastguard guidance.
HSE HSE will be the AALR enforcing authority for educational providers and for all centres run by LAs, as well as those who retain domestic premises as a base for peripatetic and remote working.
c) Provision by a school or college for its own pupils or students HSE Location: any waters. Activity is not required to be licensed but HSW Act applies to work activity of teachers.
MAIB Coastguard responsible for safety of non-regulated pleasure craft.
d) Provision by voluntary organisation with volunteer boatman and/or instructors   Location: any waters. No work activity and vessels not commercially operated.
MAIB Coastguard responsible for safety of non-regulated pleasure craft. MAIB or the navigation authority may still investigate accidents.
4. Permanently moored ship LA Activities on ships which are permanently moored in an estuary which is within the LA boundary and which are used for such purposes as restaurants, public houses, theatres, museums, exhibitions or residential accommodation.
HSE would be the enforcing authority where the mooring is beyond the LA boundary.
5. Chain ferries MCA Currently under Agency Agreement with HSE. (SIM 7/1999/09)
HSE retains enforcement responsibility for manually-operated ferries.
Bouncy castles LA Where they are not part of a fairground (defined).
Bowling alleys LA  
Builder’s merchants LA  
Bungee jumping LA Bungee jumping is regarded as the practice of a recreational activity and is allocated to the LA for enforcement (Sch 1 para 9), unless this activity is at premises enforced by HSE.
Reverse bungee jumping HSE Apparatus falls within definition of ‘fairground equipment’.
Cafes/restaurants LA  
Campsites   See ‘accommodation’
Campus of university etc HSE The campus should be taken as meaning the grounds associated with buildings or other facilities, in which the main activity is education, occupiers or buildings within those grounds will therefore fall to HSE. Separately occupied premises within the campus where the main activity falls within Schedule 1 (eg bank, shop) may be considered for transfer to the LA under reg.5.
Canal operation HSE  
Car parks HSE LA for car parking facilities within the perimeter of an airport.
(Sch 1 para 14), and those belonging to premises where the enforcing authority is the LA.
Car hire LA Main activity likely to be ‘office activities’. See ‘motor vehicle repair’ for alternative scenarios.
Car wash/valet services (main activity) HSE Consumer service carried out in ‘non-shop’ premises, therefore falls to HSE by default.
Caravan sites   See ‘accommodation’
Carnivals   See ‘carnivals/parties
Cash and carry LA  
Catering services LA Where catering services are provided in part of the premises separately occupied by a separate occupier these will be separate premises allocated to LAs, unless they are in premises occupied by the specific bodies covered by reg.4(3) when HSE will be responsible for such activities. (reg.4.(2)).
Premises providing ‘In-flight catering’ will be LA-enforced where such activities are the main activity of an undertaking at premises.
Where catering is a minor activity carried on by the same occupier it will be inspected by the authority responsible for the premises as a whole, eg factory canteen incidental to a manufacturing activities for HSE.
Cattle/Livestock markets HSE

Enforcement responsibility for ‘the management of livestock up to the point of slaughter or export from Great Britain’ is allocated to HSE by virtue of the definition of ‘agricultural activities’ in reg.2 and the provisions of Sch 2 para 7. This activity would include anything that is done in relation to livestock at a market.

Note ‘livestock’ does not include horses (except for the purpose of an agricultural activity eg ploughing).

LA Separate activities within Schedule 1.
Caves (exhibition of cave to the public) HSE (Sch 1 para 9).
Channel tunnel ORR As per Memorandum of Understanding ( MoU ) between HSE and ORR.
Child care, playgroup, nursery facilities and after school clubs LA In non-domestic premises that are not part of a school and are independently run. (Sch 1 para 15).
HSE Where provided in separate premises within a school premises under control of independent operator.
HSE Where provided in school premises under control of education authority or LA.
HSE Pre-school child care activities in domestic premises.
Note It is recognised that some pre-school child care premises offer an element of education. It is helpful to consider the provision of compulsory education as a guiding principle for premises where this occurs to determine who the correct enforcing authority is; compulsory education begins in the term after a child reaches 5 years of age.
Chiropody LA Except under the supervision or control of a medical practitioner.
Cinemas LA  
Circuses LA  
Cleaning contractors HSE/LA Enforcing authority depends on the main activity carried out at the premises.
Clubs LA

Arts, sports, games, entertainment or other cultural or recreational activities.

Note: Where there is no employment, there should be no intervention by an enforcing authority in the sporting or other activities. There may however be duties under HSWA S4 on those in control of the non-domestic premises.

Colleges HSE The colleges of collegiate universities such as Oxford or Cambridge, are considered to fall to HSE as the main activity is education despite there also being a large element of residential accommodation.
Common parts - domestic premises HSE (Reg.3(1)). Such premises will include lobby areas and common staircases of blocks of flats.(Note: only relates to common parts of ‘domestic property’ so it does not affect LA enforcement in hotels, guest houses and hostels etc).
Computer software production LA  
Concert halls (not LA-owned) LA  
Construction   ‘Construction work’ and ‘contractor’ have the meaning assigned to them by the Construction (Design and Management) Regulations 2015 (CDM Regs) Reg 2(1).
HSE A building or construction site, ie premises where the only activities being undertaken are construction work and activities for the purposes of or in connection with such work.  Health and Safety (Enforcing Authority) Regulations Reg.3(5)(c).
HSE

The following activities carried on in any premises by persons who do not normally work in the premises, Health and Safety (Enforcing Authority)  Regulations Sch 2 para 4(a)(i-iii), as follows:

(i) - All notifiable construction projects.
CDM Regs 2015 defines a project as being notifiable if the construction phase is likely to involve more than 30 days or more than 500 person days of construction work, or

(ii) - Where the whole or part of the work to be undertaken by the contractor at the premises is to the external fabric or other external part of a building or structure.

Note: Fabric is the basic structure, the walls, roof and floor. ‘Other external part’ refers to something other than the fabric. An external door, for example, is a fixture believed to fall within this description. A door also forms part of the structure, and its construction or repair etc falls within the definition of ‘construction work’.

(iii) - Where the construction work is carried out in a physically segregated area of the premises, the activities normally carried out in that area have been suspended for the purpose of enabling the construction work to be carried out, the contractor has authority to exclude from that area persons who are not attending in connection with the carrying out of the work and the work is not the maintenance of insulation on pipes, boilers or other parts of heating or water systems or its removal from them.

HSE The erection and dismantling of temporary stages, grandstands and other temporary structures used at entertainment, sports and other public events is construction work as defined.
LA Non-notifiable construction work which is entirely internal to the building and which is not separated off from the normal operations of the premises where the LA is the enforcing authority for that class of premises.
LA Where the only work carried out in a segregated area of LA- enforced premises is the removal or maintenance of insulation on heating or water systems.
Cosmetic services LA e.g. Botox - except where they are carried out under the supervision or control of a registered medical practitioner, a dentist, physiotherapist, osteopath or chiropractor. (see also Beauty parlours).
Consumer services (provided in a shop) LA Except when dry cleaning or radio and television repairs are the main activity (Sch 1 para 6). Where consumer service is not provided in a shop (e.g. hand car wash) default to HSE.
HSE where the main activity is geared to the Trade rather than the public consumer.
Council premises HSE Premises occupied by the council itself, including any part occupied by other persons for the purpose of providing services at the premises for the specified body.
LA/HSE Separate council-owned premises sublet to others will depend on the main activity carried out within those premises, eg LA would enforce within shops in council-owned shopping mall or sports centre with HSE responsible for enforcing any duties on the LA.
Council activities, ie county council other local authority, parish council or a community council, unitary authority. HSE For the activities of these bodies and those of their officers or employees wherever they happen to work, eg an LA refuse collection activity at supermarket premises for which the LA is the enforcing authority. HSE will also enforce for common parts of multi-occupied premises for which the bodies have duties under the relevant statutory provisions but which may not be occupied by that body, eg common parts of LA-owned market. Separate occupiers in the market will be enforced by the LA.
Courier services LA Office activity
HSE Peripatetic activity
Courts HSE Crown and Magistrates’ Courts, HM Coroners’ Courts and Scottish Courts including District Courts.
Crèches (at HSE-enforced premises) HSE  
Crèches (at separately run establishments) LA  
Crematoria HSE  
Crown premises and activities other than HSE HSE Including that part of the premises occupied by other persons for the purpose of providing services at the premises for the specified body. (Reg.4).
Dairy farms HSE  
Data storage warehousing HSE HSE enforced since storage is not for retail or wholesale distribution.
Day centres for people requiring care for chronic health conditions HSE LA if they provide non-nursing residential accommodation.
Defence activities including Air Force (including Royal Auxiliary Air Force), Army (including Army Reserve) and Navy (Incl RNVR) HSE  
Delivery personnel HSE Unless work activity on LA-enforced premises. Includes milk/paper deliveries etc.
Dental laboratories HSE  
Dentists HSE  
Dock premises HSE  
LA Some ‘docks’ may have activities carried on within them which would normally fall to the LAs for inspection, eg pubs, shops, clubs, warehouses or offices. The LA will be the enforcing authority for such activities provided they are not carried out within ‘dock premises’ as defined.
Doctors' surgeries HSE  
Domestic premises (where work activity is also carried out there) HSE Where activity is carried out within domestic house. If there is separate access/egress to a dedicated room used for carrying out the business and the main activity falls within Schedule 1 then responsibility would fall to the LA.
Education HSE  
Electricity systems HSE/LA The installation, maintenance or repair of the consumer’s installation, up to the output terminals of the supply meter, will fall to the enforcing authority for those premises.
HSE Work on the electricity supplier’s side of the output terminals of the supply meter in any premises. Sch 2 para 4(c). Reg.2(1) (definition of ‘electricity system’).
Embalming HSE Except where the main activity is that of an undertaker. See ‘funeral undertaker’.
Entertainment (public) HSE HSE have responsibilities where the LA is the duty holder and for specific Schedule 2 activities in premises, eg fairgrounds, broadcasting, recording, filming, and any activity at an agricultural show which involves the handling of livestock or the working of agricultural equipment.
LA

 

Estate agents offices LA HSE when out of the office and not in LA-enforced premises.
Exhibitions and exhibition centres LA Where the main activity is the display or demonstration of goods for the purpose of offer or advertisement for sale. (Sch 1 para 2).
Factories HSE  
Fairgrounds HSE ‘Fairground equipment’ means any fairground ride, any similar plant which is designed to be in motion for entertainment purposes with members of the public on or inside it or any plant which is designed to be used by members of the public for entertainment purposes either as a slide or for bouncing upon, and in this definition the reference to plant which is designed to be in motion with members of the public on or inside it includes a reference to swings, dodgems and other plant which is designed to be in motion wholly or partly under the control of, or to be put in motion by, a member of the public". (HSW Act s.53, as amended by the Consumer Protection Act 1987).
‘Fairground’ means such part of premises as is for the time being used wholly or mainly for the operation of fairground equipment, other than a coin-operated ride, non-powered children’s playground equipment, swimming pool slide, go-kart, or plant to be used by members of the public for entertainment purposes for bouncing upon. (Reg.2(1)(b)).
  A tethered passenger balloon should be treated as ‘fairground equipment’.
LA

Equipment such as coin-operated children’s rides outside shops, bouncy castles at pubs, hotels and other LA-enforced premises; and independent go-kart tracks.

HSE Street fairs.
Fairgrounds and amusement parks.
Fairgrounds forming a discrete part of premises otherwise allocated to LA, eg holiday camps or motor sport event.
Film and video broadcasting, recording or filming activities HSE Such activity in any premises occupied by a radio, television or film undertaking. (Sch 2 para 3).
Fire Authority premises activities HSE Reg.4(3)(e) including any part occupied by other persons for the purpose of providing services at the premises for the specified body.
Fish breeding (except zoos) HSE (Sch 2 para 10). Includes ‘fish farming’.
Fishing LA Recreational activity on inland waters.
Fishing vessels - loading and unloading HSE The Loading and Unloading of Fishing Vessels Regulations 1988 reg.8.
Football stadia LA Unless LA-run.
Forestry work HSE  
Funeral directors LA HSE where the main activity is embalming or the making of coffins. (Sch 1 para 12).
Furniture storage/removal HSE  
Game breeding HSE LA when carried out in a zoo.
Garages HSE/LA see ‘motor vehicle repair
Garden centres LA Note: The interpretation of ‘agricultural activities’ does not include such activities at a garden centre or other shop. (Reg.2 (1)(b)).
Gas systems HSE The installation, maintenance or repair of any gas system, or any work in relation to a gas fitting carried on at any premises by persons who do not normally work in the premises. (Sch 2 para 4(b)).
LA Where the above work is carried out by a person who normally works at a premises allocated to the LA. See LAC 33/6.
Gas, natural or town-gas HSE Where the main activity is the sale or storage. (Sch 1 para 1(c)).
Golf clubs/courses LA HSE where LA owned.
Go-karting/pro-karting LA HSE at fairground.
Government offices and departments HSE LA for HSE offices.
Graveyards HSE Where the premises is separate from the church or is an LA- administered graveyard attached to a church.
LA Where attached to and administered by a church.
Grooming parlours LA  
Guest houses   See ‘accommodation
Hairdressers LA HSE if mobile in domestic premise.
Health clubs LA Unless LA owned.
Health and Safety Executive offices LA HSE would be responsible for enforcement at the laboratories carrying out work for them.
HSL HSE  
Hire company LA HSE if major activity is hire to the trade.
Holiday activities in schools HSE Adventure Activities Licensing Authority.
Holiday camp LA Except that any fairground in a holiday camp will fall to HSE.
Home workers HSE Unless the work is carried out in a dedicated area (with separate access/ egress from house) where the activities would fall within Schedule 1, eg ‘office activities’.
Horse breeding and training HSE See also ‘riding stables’.
Horticulture HSE LA when activities are carried out in garden centre or other shop. Reg.2 (1)(a) and (b).
Hospitals HSE  
Hostels LA  
Hotels LA  
Hunt kennels LA Kennels operated by a hunt will fall to the LA as ‘accommodation of animals’ unless they are a minor activity within a larger undertaking such as a farm estate.
Inns and public houses LA  
Insurance companies LA Office activities.
Ionising radiations, eg X-ray, industrial radiography HSE Work with ionising radiation carried out on any premises by persons who do not normally work in the premises.
LA Work with ionising radiations carried on in LA-enforced premises by the staff who normally work there, together with contractors work in such premises on equipment excepted above.
HSE The use of ionising radiations for medical exposure ‘as defined in IRR 1999’.
‘Medical exposure’ is defined in the Ionising Radiations Regulations 1999 as the purpose of his medical or dental examination or treatment which is conducted under the direction of a suitably qualified person and includes any such examination or treatment conducted for the purpose of research.
HSE Any activity in premises occupied by a radiography undertaking in which there is carried on any work with ionising radiations. Sch. 2 para 6.
HSE Where radioactive sources or electrical radiation generators for industrial radiography are used or stored but which otherwise may fall to LAs under Schedule 1, e.g. because the main activity of the premises may be an office.
Laboratories HSE Where this is the main activity on the premises.
Laser shows LA  
Laundries and dry cleaning HSE A dry-cleaning business within a supermarket operated by supermarket staff would fall to the LA on the main activity of that supermarket. HSE would be the enforcing authority for the dry- cleaning activity (except coin operated) if those staff were employed by an independent company.
LA Including coin-operated dry cleaning.
Leisure/cultural activities LA Schedule 1 para 9 allocates a wide range of premises to LAs for example sports facilities, cinemas, circuses, racecourses, riding schools etc. Cultural activities will include non- educational pursuits such as dance schools, other than those attached to schools.
HSE Where the main purpose of the premises is educational or vocational training similar to that provided in the mainstream educational system, such premises will remain with HSE including their evening use for leisure purposes. If the premise is owned by LA then HSE.
Also see LAC 22/10.
Mail order LA Office and warehouse activities.
Marinas LA/HSE LA unless boat building/repair or the premises is a dock.
Massage parlours LA  
Metal stockholders LA Metal stockholders will normally fall to the LA in terms of the sale or storage of goods for retail or wholesale distribution.
Miniature railways HSE Miniature railways are those railways having a gauge less than 350 mm which are not statutory railways.
Miniature railways on discrete sites or within fairgrounds and amusement parks will be HSE inspected.
Where the miniature railway is located within a leisure site, or a discrete site, it may be considered for transfer to the LA.
Mine HSE Any activity in a mine. ( Sch 2 para 1).
Mobile vendors LA While a vehicle is parked in connection with the sale from it of food, drink or other articles the vehicle together with its pitch shall be regarded as separate premises and the LA will be the enforcing authority. (Reg.3(3)).
Mobile workshops HSE  
Motor sport LA  
Motor vehicle repair
1. Repair and maintenance of motor vehicles only.
HSE Garage and workshop premises involved solely in the repair, maintenance or modification of vehicles. They will undertake a wide range of mechanical and/or body repair work.
2. Breakdown recovery operations HSE Roadside emergency repair and recovery operations operated either by garages or national specialist organisations such as the AA and RAC. Also includes roadside fitting of windscreens and tyres.
3. Mobile mechanics HSE Servicing, repairs and tuning offered to the public and carried out usually on or outside domestic premises by mechanics with no fixed workshop facilities and operating from the back of a van.
4. Sites with both repair and sales activities HSE Workshop facilities offering a full range of mechanical and/or body maintenance and repair. Workshop building(s) may be separate from showroom(s) or parts department(s), but within the same curtilage or may be parts of the same building(s).  
LA Sites or premises engaged in the sale of vehicles with minor workshop facilities used mainly in support of retail sales. Activities would typically involve pre-sales servicing, minor repairs, and adjustments, and valeting. Such facilities would not offer the full range of repairs and maintenance and will not offer body repairs or modifications.
5. Vehicle sales LA Sites or premises engaged solely in the sale of vehicles, with no workshop facilities.
6. Preparation for sale LA Premises used solely for preparation of new vehicles for sale, including pre-delivery inspection (PDI) work. May be done by main dealers or by contractors.
7. The retail sale of parts and accessories with attached workshops. LA These premises will normally be obvious major retail premises to which the public has access, but which may also offer the repair and maintenance of vehicles. These premises are more likely to offer ‘menu servicing’, but where a wider range of motor vehicle mechanical repair and maintenance is offered HSE will become the EA.
8. Repair and maintenance of vehicles in support of other businesses, where LAs are enforcing authorities for these other businesses. LA Some businesses including offices, warehouses etc. have some facilities for the repair and maintenance of their own vehicles. Similarly, vehicle hire companies may have limited repair and maintenance facilities. These activities are usually in support of a different main activity and are not the repair and maintenance of vehicles in their own right.
9. Motor car tyre, exhaust, windscreen and related services. LA Where these are the main activity they are deemed to be the sale of goods by nature of the Regulations Schedule 1. Other outlets engage solely in the fitting of tow-bars, car radios or alarms or sunroofs.
10. Specialist tyre fitters HSE Businesses specialising in fitting commercial, industrial or agricultural vehicle tyres.
11. Vehicle valeting/washing/tuning HSE Premises involved solely in vehicle valeting/washing or tuning. While these are consumer services, they are not carried out in shop premises and are therefore not covered by Sch 1 para 6, so that HSE will be the enforcing authority. Such premises may be considered for transfer to the LA under reg.5.
National trust LA HSE for agricultural activities.
HSE where the main activity at the premises is essentially a working factory or farm, even though they are open to the public.
Night clubs LA  
Nurseries (pre-school) LA Except if LA run or within domestic premise.
HSE Under the Childrens Act 2014 there is a legal category of schools registered for children age 3-5 years called ‘nursery schools’ which require qualified teachers and provide structured education. These fall to HSE.
Nursing homes HSE See ‘accommodation
Offshore installations HSE (Reg.3(5)(b)).
Office activities LA Where the main activity is an office activity.
HSE for LA, Crown premises, offices within premises where HSE is the enforcing authority.
Open farms or farm attractions LA Unless main activity is agriculture then it would fall to HSE.
Parachuting LA A demarcation of responsibility has been agreed between HSE and the Civil Aviation Authority (CAA) for safety of non-employees, including the public, involved with or affected by parachuting. Serious or fatal incidents/accidents are subject to a British Parachute Association Board of Enquiry who report to the CAA. OC 801/2 and Supplement   provide further guidance. Incidents/complaints referred to the LA should be discussed with the ELO in the first instance.
Peripatetic activities HSE LA enforcement responsibility extends only to HSW matters relevant to the premises where they are the enforcing authority. They have no locus to discuss peripatetic work except such work that is carried out within the premises enforced by that LA.
Pesticides HSE/LA Fall to respective enforcing authority for premises.
LAs enforce Food and Environment Protection Act 1985/Control of Pesticides Regulations 1986 in respect of the use of pesticides in domestic premises.
Petrol stations PLA Petroleum Licensing Authority. Petroleum (Consolidation) Regulations 2014.
LA HSE Act.
Pipelines HSE Any activity in relation to a pipeline within the meaning of the Pipelines Safety Regulations 1996 reg.3.
Playgroups LA See ‘child care, playgroup, nursery facilities and after school clubs’.
Police Authority or Local Policing Body premises and activities HSE Reg.4(3)(d) including any other part of premises occupied by other persons for the purpose of provided services at the premises for the specified body.
Pony trekking LA  
HSE May be subject to the Adventure Activities Licensing Regulations 2004.
Post offices LA Premises offering service to the public (post office counters).
All letter sorting.
HSE Parcel sorting.
For National post activities see ‘warehouses’.
Postal deliveries HSE Except road traffic accidents (police) or accidents on LA-enforced premises
(LA).
Prisons HSE
 
Probation services HSE Probation offices in courthouses unless exclusively for probation service. Probation and probationary workshops and probation home visits and probationary service.
LA Probation offices away from court-houses. Probation hostels and probationary accommodation.
Public places   Specific legislation, eg relating to nuisance - dust/noise, unsafe buildings, etc is available for enforcement by the LA and will take precedence over general HSW Act and its relevant statutory provisions enforceable by the relevant enforcing authority.
Quarry HSE Any activity in a quarry other than a quarry in respect of which notice of abandonment has been given under the Mines and Quarries Act 1954 s.139(2). (Sch 2 para 1).
Quarry edges LA Under the Environment Protection Act 1990.
Racecourses LA  
Radio broadcasting HSE  
Radio & television repair HSE Where this is the main activity. (Sch 1 para 6).
Railway operation (or tramway) ORR The Memorandum of Understanding ( MoU ) between HSE and ORR sets out the detailed demarcations between ORR, HSE and LAs in the appendix to the MoU.
HSE Miniature railways less that 350 mm gauge (except where it has a level crossing that crosses a carriageway);
a cableway installation; or
a guided bus system;
any other system of guided transport that employs vehicles which for some or all of the time when they are in operation travel along roads;
an establishment to which the Control of Major Accident Hazards Regulations 1999;
in a factory;
in a mine;
in a nuclear licensed site;
in a quarry; or
in a warehouse premises.
LA LAs, however, are the enforcing authority for the office activities, defined by reg.2, of these premises.
LAs are responsible for parts of railway ‘operational premises ‘ ( Eg stations ) separately occupied for the carrying on of any trade, business or undertaking other than for the purposes of the system, including shops, offices or premises used for the provision of catering services or temporary residential accommodation;
Recreational activities (not fairground) LA Includes adventurous training equipment used for leisure activities, e.g. zip slides.
Religious activities LA Premises where the main activity is all forms of religious worship, evangelical and church social events. Church run accommodation, eg hostels.
HSE where the main purpose is education or training (both vocational and non-vocational) or medical (hospitals run by a religious order).
Removal companies HSE  
Residential care homes   See ‘accommodation’.
Riding stables LA HSE where the main activity is horse breeding or horse training.
Saunas LA  
Schools HSE See ‘education
Self-Storage HSE Since storage is not for retail or wholesale distribution.
Scrambling (motor cross)

LA

 
Section 6 (HSW Act) HSE  
Security guards HSE/LA Falls to respective enforcing authority for premises concerned. If they are in transit between premises HSE.
Separate occupancies   Regulation 3(2) provides for each part of non-domestic premises separately occupied by a different occupier to be separately allocated according to the main activity of that separate occupancy. Separate parts of a building occupied by the same firm, eg a factory in one part with its office in another, do not have different occupiers and hence will not be separately allocated.
Sewage and by-products HSE Where the main activity is the sale or storage. (Sch 1 para 1(c)).
Shops LA Includes consumer services in shop premises but not dry cleaning or radio/television repair. (Sch 1 para 6).
Ski slopes HSE Any activity in relation to a ski slope, ski lift, ski tow or cable car. (Sch 2 para 9).
Skin piercing LA HSE where carried out in domestic premises.
Solaria LA  
Sports stadia LA HSE if LA-owned.
Steel stockholders LA  
Stock car racing LA  
Street carnivals/parties LA Those organised by local residents etc on a voluntary basis will be outside the scope of HSW Act.
Where the event does involve a work activity then the main activity will almost always be leisure and recreation. Events taking place in ‘closed street’ may be considered to be under separate occupancy and will fall to the LA.
HSE Events taking place on open streets more generally will be reserved to HSE.
HSE will be responsible for any reserved activities, eg fairground rides, broadcasting, and the activities of the emergency services. In addition, if the employer of those working at the event is the LA itself then HSE would enforce. This situation should not be common as it is thought that most LAs subcontract to event organisers.
Street vendor (individual) HSE Where the sale is not carried on in non-domestic premises, eg flower seller.
Student residences LA HSE where residence is on campus.
Substance or preparation dangerous for supply HSE Where the main activity is the sale or storage for wholesale distribution of any substance or preparation dangerous for supply. (Sch 1 para 1(b)).
Sunroofs LA Where the main activity carried on in premises is the sale and fitting of motor car sunroofs. (Sch 1 para 1).
Tattooing LA In LA-enforced premises.
HSE When carried out in domestic house.
Taxi company LA Office activities.
Peripatetic activities to HSE.
Telecommunication circuits within building HSE/LA LA will be the enforcing authority for all work relating to telecommunications in LA-enforced premises.
Telecommunication masts on roof tops HSE Are usually owned and operated by persons remote from building as a separate business in what amounts to separate premises on the roof top and therefore do not form part of the common services or facilities referred to in the definition of ‘common parts’.
Telecommunication masts owned and operated by occupiers of building are usually confined to police and fire brigade HQs, Radio/TV stations for which HSE is the enforcing authority.
Telephone exchanges HSE  
Theatres LA Theatres with technically advanced stage equipment may be considered for transfer to HSE under reg.5.
Where a theatre production involves the structural alteration of the fabric of the theatre building, the Construction (Design and Management) Regulations 2015, enforced by HSE, will apply.
Therapeutic treatment LA Except where they are carried out under the supervision or control of a registered medical practitioner, or dentist, a physiotherapist, an osteopath or a chiropractor. (Sch 1 para 8).
Timber merchants LA  
TV repairs HSE Where this is the main activity.
Undertakers LA HSE where embalming or the manufacture of coffins is the main activity.
United Kingdom Atomic Energy Authority premises and activities ONR Including any other part of the premises occupied by other persons for the purpose of providing services at the premises for the specified body. (Reg.4).
Warehouses    

1. Wholesale and retail warehouses

LA Including warehouses which are part of a business of a transport undertaking. Deciding main activity at some transport company premises can be difficult. Where the premises are used as a vehicle garage and general haulage depot the main activity is unlikely to be storage for wholesale or retail purposes and HSE will enforce.
2. Freight forwarding
(sea freight forwarders and air cargo agents)
HSE/LA Dependent on whether the main activity where the goods are handled is storage so as to fall within Schedule 1 para 1.
3. National post activities HSE Pick-up, transport and delivery of mail and parcels.
Depots rather than warehouses. Fast turn-round rather than storage.
4. Courier activities other than national post activities HSE Pick-up, transport and delivery of letter and mail-type parcels and packages by firms other than national post.
Depots rather than warehouses. Fast turn-round rather than storage over time.
5. Parcel carriers whose business extends beyond those of a courier activity HSE/LA Some specialist carriers of non-mail type parcels and packages, may be closely allied to the wholesale/retail industry. The LA would be the EA if the main activity at the premises was to fall within Sch 1 para1.
HSE Some courier/parcel carrier activities may be subject to Carriage of Dangerous Goods by Road Regulations 1996.
6. Transport depot HSE Where the main activity does not fall to the LA by virtue of Sch 1 para 1.
7. Manufacturers' warehouses HSE Part finished/finished goods in warehouse operated by manufacturer within curtilage of manufacturing premises.
HSE Part finished goods stored in off-site warehouse controlled by manufacturer.
LA Finished goods in off-site warehouse controlled by manufacture, where main activity is the storage of these goods pending their distribution.
8. Bonded warehouse HSE  
9. Container depots HSE Where the main activity is the storage of goods in the course of transit to or from dock premises, an airport or a railway. Sch 1 para 1(a).
10. Warehouses containing dangerous substances HSE Where the main activity is the sale or storage for wholesale distribution of any substance or preparation dangerous for supply, Sch 1 para 1(b).
Water HSE Where the main activity is the sale or storage of water or water treatment. Sch 1 para 1(c).
Window cleaners LA/HSE Dependent on the enforcing authority for the premises.
See also ‘peripatetic activities’.
Windscreen - sales and fitting LA Where the main activity carried on in premises is the sale or fitting of motor car windscreens. (Sch 1 para 1).
Wind turbines (operation of wind energy installations) HSE Where the main activity of the site is electricity generation (SIC 35110), eg operation of a commercial wind farm that directly feeds the electricity grid.
  LA/HSE Single or multiple wind turbines that are ancillary to and supporting the main activity of a site will fall to the enforcing authority responsible for the site’s main activity, eg a wind turbine installed at and supplying a school with electricity would fall to HSE, a wind turbine installed at warehouse or office development would be LA enforced.
Zoos LA (Sch 1 para 11).
Updated 2016-02-04