SCHEDULE 15ENFORCEMENT

Enforcement in Great Britain1

In Great Britain in relation to relevant products for use in the workplace—

a

it shall be the duty of the Executive to make adequate arrangements for the enforcement of these Regulations, and accordingly a reference in the provisions applied for the purposes of such enforcement by sub-paragraph (b) below to an “enforcing authority” shall be construed as a reference to the Executive;

b

sections 19 to 2827, 33 to 3528, 38, 39, 41 and 42 of the 1974 Act shall apply for the purposes of providing for the enforcement of these Regulations and in respect of proceedings for contravention thereof as if—

i

references to relevant statutory provisions were references to those sections as applied by this paragraph and to these Regulations;

ii

references to articles, substances, articles and substances, or plant, were references to relevant products;

iii

references to the field of responsibility of an enforcing authority, however expressed, were omitted;

iv

in section 20, subsection (3) were omitted;

v

in section 23, subsections (3), (4) and (6) were omitted;

vi

in section 33—

aa

in subsection (1) the whole of paragraphs (a) to (d) were omitted;

bb

subsection (1A) were omitted;

cc

in subsection (2), the reference to paragraph (d) of subsection (1) were omitted;

dd

subsection (2A) were omitted;

ee

for subsection (3) there were substituted the following:—

3

A person guilty of an offence under any paragraph of subsection (1) above not mentioned in subsection (2) above or of an offence under subsection (1)(e) above not falling within that subsection shall be liable—

a

on summary conviction, to a fine not exceeding level 5 on the standard scale; or

b

on conviction on indictment—

i

in the case of an offence under subsection (1)(g), (j) or (o), to imprisonment for a term not exceeding two years, or a fine, or both; or

ii

in all other cases, to a fine.

ff

subsection (4) were omitted;

vii

in section 34—

aa

paragraphs (a) and (b) were omitted from subsection (1); and

bb

in subsection (3) for “six months” there were substituted “twelve months”; and

viii

in section 42, subsections (4) and (5) were omitted; and

c

sections 36(1) and (2) and 37 shall apply in relation to offences under section 33 as applied by sub-paragraph (b)(vi) above.