Health and Safety (Offences) Act 2008
|Long title||An Act to revise the mode of trial and maximum penalties applicable to certain offences relating to health and safety.|
|Chapter||2008 c 20|
|Introduced by||Keith Hill, Lord Grocott|
|Royal Assent||16 October 2008|
|Commencement||16 January 2009|
|History of passage through Parliament|
|Text of statute as originally enacted|
|Revised text of statute as amended|
According to the explanatory notes to the Act, the precursors of this Act were:
- A joint review of the maximum penalties for health and safety offences carried out between February and September 1999 by the Home Office, the Department of the Environment, Transport and the Regions, and the Health and Safety Executive;
- The report Reducing administrative burdens: effective inspection and enforcement by Philip Hampton;
- The report Regulating Justice: Making Sanctions Effective by Richard B Macrory.
Section 1 - Health and safety offences: mode of trial and maximum penalty
Section 1(1) substituted new sections 33(2) and (3) for the existing sections 33(1A) to (4) of the Health and Safety at Work etc. Act 1974.
Section 1(2), with Schedule 1, inserted Schedule 3A of that Act.
Section 1(3) substituted new paragraphs 31(2) and (3) for the existing paragraphs 31(1A) to (5) of the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9))
Section 1(4), with Schedule 2, inserted Schedule 3A of that Order.
Section 2 - Consequential amendments and repeals
Section 2(1) provides that Schedules 3 and 4 have effect.
Section 3 - Short title, commencement and extent
Section 3(2) provides that the Act came into force at the end of the period of three months that began on the date on which it was passed. The word "months" means calendar months. The day (that is to say, 16 October 2008) on which the Act was passed (that is to say, received royal assent) is included in the period of three months. This means that the Act came into force on 16 January 2009.
Section 3(3) provides that the Act does not apply to offences committed before that date.
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- The citation of this Act by this short title is authorised by section 3(1) of this Act.
- paragraphs 4 and 5
- Phillip Hampton. Reducing administrative burdens: effective inspection and enforcement. HM Treasury. March 2005. ISBN 1-84532-088-3
- Richard B Macrory. Regulating Justice: Making Sanctions Effective. Final Report. November 2006.
- The Interpretation Act 1978, section 5 and Schedule 1
- Hare v Gocher  2 QB 641,  2 All ER 673; Trow v Ind Coope (West Midlands) Ltd  2 QB 899 at 909,  2 All ER 900, CA.
- The Health and Safety (Offences) Act 2008, as amended from the National Archives.
- The Health and Safety (Offences) Act 2008, as originally enacted from the National Archives.
- Explanatory notes to the Health and Safety (Offences) Act 2008.