Health and Safety (Offences) Act 2008

The Health and Safety (Offences) Act 2008 (c 20) is an Act of the Parliament of the United Kingdom.

Health and Safety (Offences) Act 2008[1]
Long titleAn Act to revise the mode of trial and maximum penalties applicable to certain offences relating to health and safety.
Citation2008 c 20
Introduced byKeith Hill, Lord Grocott[2]
Dates
Royal assent16 October 2008
Commencement16 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Text of statute as originally enacted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,[3] the precursors of this Act were:

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.[6] 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.[7] 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.

References
  1. The citation of this Act by this short title is authorised by section 3(1) of this Act.
  2. http://services.parliament.uk/bills/2007-08/healthandsafetyoffences.html
  3. paragraphs 4 and 5
  4. Phillip Hampton. Reducing administrative burdens: effective inspection and enforcement. HM Treasury. March 2005. ISBN 1-84532-088-3
  5. Richard B Macrory. Regulating Justice: Making Sanctions Effective. Final Report. November 2006.
  6. The Interpretation Act 1978, section 5 and Schedule 1
  7. Hare v Gocher [1962] 2 QB 641, [1962] 2 All ER 673; Trow v Ind Coope (West Midlands) Ltd [1967] 2 QB 899 at 909, [1967] 2 All ER 900, CA.
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