This page explains how enforcement is allocated between local authorities (LAs) and HSE.
There is also information on how LAs enforce health and safety law.
Enforcement allocation between LAs and HSE
Health and safety legislation in Great Britain is enforced by HSE or one of the over 380 local authorities depending on the main activity carried out at any particular premises. The Health and Safety (Enforcing Authority) Regulations (EA Regulations) allocate the enforcement of health and safety legislation at different premises between local authorities (LAs) and HSE.
Allocation is based on the main activity carried on at the premises. In general, LAs are the main enforcing authority in:
- retail
- wholesale distribution
- warehousing
- hotel and catering premises
- offices
- consumer and leisure industries
Further guidance on enforcement allocation can be found in the operational guidance Health and Safety (Enforcing Authority) Regulations: A-Z guide to allocation.
For some businesses the main activity is less clear-cut. In these cases, HSE and the LA will agree and assign the appropriate enforcement responsibility locally.
Other legislation enforced by LAs
LAs also enforce other primary legislation relating to pesticides (under the Food and Environment Protection Act) on a similar basis, as well as storage of explosives and petroleum licensing. The latter aspects are also enforced by Fire Authorities and Trading Standards departments.
The right enforcing authority for you
There is guidance to help you decide which is the right enforcing authority for you.
How LAs enforce health and safety law
Each LA is an enforcing authority in its own right and must make adequate provision for enforcement. The National Local Authority (LA) Enforcement Code sets out the principles that each LA should follow to ensure a consistent, proportionate and targeted approach to regulation based on risk.
LA inspectors may use enforcement powers, including formal enforcement notices, to address occupational health and safety risks and secure compliance with the law. Prosecution action may be appropriate to hold dutyholders to account for failures to safeguard health and safety.
- providing advice and guidance to individual businesses or groups
- proactive interventions including inspection
- reactive interventions, for example to investigate an accident or complaint
LA inspectors may use enforcement powers, including formal enforcement notices, to address occupational health and safety risks and secure compliance with the law. Prosecution action may be appropriate to hold dutyholders to account for failures to safeguard health and safety.
The HSE website has details of LAs’ intervention, enforcement and prosecution activity.
You can also find more information on how HSE regulates, including the Enforcement Policy Statement which sets out principles both LAs and HSE are expected to follow when taking enforcement decisions.