Civil Engineering Reference
In-Depth Information
1.4.1 Criminal law
The specifi c section of the HSWA that relates to this
power is section 15. Statutory Instruments specify the
more detailed rules of the parent Act. Regulations and
Orders are referred to as 'subordinate' or 'delegated'
legislation because the power to make them is dele-
gated by an Act of Parliament. Parliament does not
debate regulations and Orders and so they are able to
be made and implemented quickly. Although Parliament
does not debate Regulations they are legally binding and
enforceable in the same way as statutes.
Regulations and Orders are written using the same
legal terms as the statutes that enable them. To defi ne
the regulations and Orders in language that is easily
understood, Approved Codes of Practice and Guidance
notes are issued.
The criminal branch of law deals with offences against
the state. The purpose of criminal law is to deter people
from breaking the law and to punish them accordingly
when they do, rather than to merely compensate the
wronged party. Many types of criminal law exist for many
different purposes and the most important of these in
relation to fi re and health and safety are as follows:
Acts of Parliament
Acts are sometimes referred to as statutes. The primary
Act relating to health and safety in the UK is the Health
and Safety at Work etc. Act 1974 (HSWA). This Act,
among other statutes, imposes a number of legal duties
on an employer and failure to comply with these duties
may give rise to criminal liability, resulting in fi nes and/or
imprisonment.
Approved Codes of Practice (ACoPs)
These Codes of Practice are issued by the Health and
Safety Commission (HSC) and approved by the Secretary
of State. They provide practical guidance on the require-
ments which are set out in the legislation. Although
Approved Codes of Practice are not legally binding in
themselves they are used as a minimum standard in a
court of law.
They have a quasi legal status in that they give
practical advice on how to comply with the law. If the
advice in an ACoP is followed, those following it will be
doing enough to comply with the law in respect of those
specifi c matters on which it gives advice. Alternative
methods to those set out in an ACoP in order to comply
with the law may be used.
Regulations and Orders
Many Acts of Parliament confer power on a Secretary of
State or Minister of the Crown to make Regulations and
Orders, these are also known as Statutory Instruments.
Figure 1.6
Law courts
Figure 1.7
Approved Codes of Practice
