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As
the law stands a crown body is not bound by the provisions
of any statute - which would include those provisions
creating criminal offences - unless the statute in
question itself explicitly (or by 'necessary implication')
states otherwise.
Section
48 of the Health and Safety at Work Act 1974 does
state explicitly that the sections of the Act that
places duties upon employers etc. "bind the crown"
in the same way as other organisations but that those
sections of the Act that allow for notices to be imposed
or for employers to be prosecuted, do not bind the
Crown.
Therefore, Crown Bodies can not be prosecuted for
offences under the Health and Safety law, though they
are under a duty to abide by the law.
Individual
ministers/civil servants can be prosecuted as individuals
for health and safety offences.
Cabinet
Office Note
According to the HSE. "following extensive consultation
with HSE, Crown employers and the Council of Civil
Service Unions, the Cabinet Office issued a Personnel
Information Note setting out an agreed procedure on
13 June 2001"
This states that
| Para.
4 |
Crown
bodies must comply with the requirements of the
HSW Act and relevant statutory provisions. They
are, however, excluded from the provisions for
statutory enforcement, including prosecution and
penalties. Effective administrative Crown enforcement
procedures are therefore vital to maintaining
employee and public confidence in the health and
safety regulation of Crown bodies. |
| Para.
6 |
HSE
makes decisions on the inspection of Crown bodies,
and any enforcement action, using the same criteria
as for non-Crown employers. HSE inspectors seek
to ensure that the law is complied with and that
Crown employers meet the standards of good practice
found elsewhere. HSE inspectors act in accordance
with the Health and Safety Commission (HSC) Enforcement
Policy Statement (Annex A). That means, for example,
that inspection and enforcement is targeted on
activities which give rise to the most serious
risks, or where hazards are least well controlled. |
You
can download the Cabinet office document itself by
clicking here (Word
Doc)
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