Enforcement procedures for crown bodies

SIM 07/2001/34

Open Government Status: Fully Open
Version No & Date: 1: 10/07/2001
Author Unit/Section: Defence, Fire and Police Unit
Cancellation Date: 10/07/2005
Target Audience:: All HSE Inspectors

This SIM no longer applies. The enforcement procedure to follow is covered in Personnel Information Note (PIN) 45 published by the Cabinet Office. It deals with enforcement procedures for Crown bodies, including Crown censures.

Background

1 Although the provisions of the Health and Safety at Work etc Act 1974 (HSW Act) apply to the Crown, including departments and agencies, Crown bodies are immune from statutory enforcement of health and safety legislation by virtue of HSW Act s.48(1).

2 Whilst proceedings may not be taken against the Crown, administrative procedures known as Crown censures have been developed for use in circumstances where it is HSE's opinion that, but for Crown immunity, there would have been sufficient evidence to provide a realistic prospect of conviction in the courts.