Authorisations made pursuant to paragraph 9 of Schedule 2 of the Health and Safety at Work etc. Act 1974
On 1st April 2008 the Health and Safety Commission and the Health and Safety Executive were merged. The Health and Safety at Work etc Act 1974 (HSWA) was amended by the Legislative Reform (Health and Safety Executive) Order 2008 (the LRO) to provide for this.
Paragraph 9 of Schedule 2 of HSWA now provides for how the Executive performs its functions and sets out who can authorise members of staff to perform those functions.
However, by virtue of paragraph 10 of the LRO anything done by or on behalf of the former Commission or Executive which was in effect immediately before the 1st April 2008 remained in effect thereafter so far as this was necessary. This means that authorisations prior to 1st April remained valid.
Under the terms of an authorisation dated 1st and 3rd April 2008, the Executive authorised the Chair and Chief Executive to do anything which the Executive is authorised or required to do (subject to certain specified exceptions) and to authorise in writing others to perform these function.
On the 29th August 2008, the Chief Executive authorised any member of staff holding a post in the senior civil service to perform any functions on behalf of the Executive (save for the same specified functions). He also authorised those person in turn to authorise in writing any other member of staff to perform such functions.
On 4th December 2009, the Chief Executive issued a further authorisation which authorises any member of staff of the Executive to do anything which the Executive is required or authorised to do (again save for certain specified functions).