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:
- a warrant card that identifies the person appointed, confirms his appointment and describes the law that he is empowered to enforce, and
- an accompanying booklet entitled "Warranted powers of HSE inspectors", which explains the powers that appointed inspectors are entitled to exercise under the law.
- Inspectors with limited powers have only a warrant card which identifies them, confirms their appointment, describes the law that they are empowered to enforce and explains their powers under the law.
The laws that an inspector is appointed to enforce depends upon their role. The warrant specifies the range of powers for each inspector:
- Those contained in relevant statutory provisions (certain listed provisions of HSWA and any health and safety regulation) as well as any specified provisions in the Acts referred to in Schedule 1 of HSWA (and in any legislation made under them).
- Those contained in regulations that are not health and safety regulations but are treated as if they are by specific provisions in those regulations. By treating the regulations as if they are health and safety regulations (and therefore relevant statutory provisions), powers in HSWA that are exercisable in relation to relevant statutory provisions can be applied to those regulations. Such regulations will typically contain a provision which states that specified provisions of HSWA apply to the regulations "as if they were health and safety regulations for the purposes of that Act". A non-exhaustive list of examples is shown at Appendix 1. Inspectors enforce compliance with these regulations under their HSWA powers, which may be modified to some degree by the regulations.
- Those set out in other legislation that HSE enforces (for example, under an agency agreement). These are not "health and safety regulations" (or relevant statutory provisions) and are not treated as if they are. Such legislation contains in its provisions the basis for the inspector's appointment (for example as an "authorised person" under the legislation) and provides for the powers the inspector can apply in prescribed circumstances. They are, where applicable, listed specifically in the booklet entitled "Warranted powers of HSE inspectors". See Appendix 2.
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:
- Section 19 of HSWA (in order to enforce regulation 12 and 13(2) of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (Statutory instrument) (Regulation 528/2012)
- Section 19(1) of the Food and Environment Protection Act 1985 (FEPA 1985)
- Regulation 7(1) of the Plant Protection Products Regulations 2011 (PPPR 2011)
- Regulation 20(1) of the Plant Protection Products (Sustainable Use) Regulations 2012 (PPP(SU)R 2012)
These warrants consist of only one part:
A warrant card that identifies the person appointed, confirms their appointment and describes the law they are empowered to enforce
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 (Safety) Regulations 2016 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.. |