Statutory Instruments
2013 No. 1667
Health And Safety
The Health and Safety at Work etc. Act 1974 (Civil Liability) (Exceptions) Regulations 2013
Made
4th July 2013
Laid before Parliament
10th July 2013
Coming into force
1st October 2013
The Secretary of State makes these Regulations—
(a) in exercise of the powers conferred by section 2(2) of the European Communities Act 1972( 1 ) (“the 1972 Act”) and sections 15(1) and (2), 47(2), (2B)(b) and (7), and 50(1)(a) of the Health and Safety at Work etc. Act 1974( 2 ) (“the 1974 Act”), and by virtue of section 72(4) of the Employment Rights Act 1996( 3 ); and
(b) for the purpose of giving effect, without modifications, to proposals submitted by the Health and Safety Executive (“the Executive”) under section 11(3)( 4 ) of the 1974 Act.
Before submitting proposals for these Regulations to the Secretary of State, the Executive carried out the consultations as appeared to it to be appropriate as required by section 50(3)( 5 ) of the 1974 Act.
The Secretary of State is a Minister designated( 6 ) for the purposes of section 2(2) of the 1972 Act in relation to measures relating to pregnant workers and/or workers who have recently given birth and/or workers who are breastfeeding.
Citation and commencement
1. —(1) These Regulations may be cited as the Health and Safety at Work etc. Act 1974 (Civil Liability) (Exceptions) Regulations 2013.
(2) These Regulations come into force on 1st October 2013.
Exception relating to compulsory maternity leave
2. —(1) Breach of a duty imposed by section 72(1) of the Employment Rights Act 1996(which by virtue of section 72(4) of that Act is for these purposes treated as imposed by health and safety regulations) shall, so far as it causes damage, be actionable.
(2) Any term of an agreement which purports to exclude or restrict any liability for such a breach is void.
Exception relating to the Management of Health and Safety at Work Regulations 1999
3. In the Management of Health and Safety at Work Regulations 1999( 7 ) for regulation 22 substitute—
“ 22. —(1) Breach of a duty imposed by regulation 16, 16A, 17 or 17A shall, so far as it causes damage, be actionable by the new or expectant mother.
(2) Any term of an agreement which purports to exclude or restrict any liability for such a breach is void. ”
Revocations
4.The Management of Health and Safety at Work (Amendment) Regulations 2006( 8 ) are revoked.
Review
5. —(1) The Secretary of State must from time to time—
(a) carry out a review of these Regulations;
(b) set out the conclusions of the review in a report; and
(c) publish the report.
(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to the measures taken to implement rules on the enforcement of obligations imposed by Directive 9 ) in other Member States.
(3) The report must in particular—
(a) set out the objectives intended to be achieved by the measures taken to implement rules on enforcement in relation to that Directive,
(b) assess the extent to which those objectives are achieved, and
(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
(4) The first report under this regulation must be published before 1st October 2018.
(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.
Signed by authority of the Secretary of State for Work and Pensions
Mark Hoban
Minister of State
Department for Work and Pensions
4th July 2013
1972 c.68 . Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and section 3 and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7) .
1974 c.37 . Section 15(1) was amended by the Employment Protection Act 1975 (c.71) , Schedule 15, paragraph 6 and S.I. 2002/794 . Section 47 was amended by section 69 of the Enterprise and Regulatory Reform Act 2013 c.24 . Section 50(1)(a) was amended by S.I. 2008/960 .
1996 c.18 . Section 72 was substituted by the Employment Relations Act 1999 (c. 26) section 7, and Part 1 of Schedule 4.
Section 11was substituted by S.I. 2008/960 .
Section 50(3) was amended by the Employment Protection Act 1975, Schedule 15 paragraph 16, S.I. 2008/960 and the Health and Social Care Act 2012 (c. 7) , Schedule 7 paragraph 6.
S.I. 1999/3242 . Regulation 22 was last substituted by S.I. 2006/438 .
OJ L348, 28.11.1992, p.1.