Civil Engineering Reference
In-Depth Information
Table 15.1
Offences and penalties
Offence
Summary conviction
Conviction on indictment
HSW Act s 33(1A):
• breach of HSW Act s 2, 3, 4 or 6.
£20 000 maximum fi ne
Unspecifi ed fi ne
HSW Act s 33(2):
• preventing someone from appearing before an inspector
£5000 maximum fi ne
Summary offence only
or from answering any questions from an inspector
• obstructing an inspector
• impersonating an inspector.
HSW Act s 33(2A):
• failing to comply with an enforcement notice or court order.
£20 000 maximum fi ne and/or up
Unspecifi ed fi ne and/or up to
to 6 months' imprisonment
2 years' imprisonment
HSW Act s 33(3):
• breach of HSW Act s 7, 8 or 9
£5000 maximum fi ne
Unspecifi ed fi ne
• breach of regulations made under HSW s 15
• making false statements or entries
• using or possessing a document with intent to deceive.
HSW Act s 33(4):
• operating without or contravening the terms or
£5000 maximum fi ne
Unspecifi ed fi ne and/or up to
conditions of a licence when one is required
2 years' imprisonment
• acquiring or attempting to acquire, possessing or using an
explosive article or substance in contravention of relevant
statutory provisions.
restricted to appointed inspectors, the Director of Pubic
Prosecutions (DPP) or other persons with the consent of
the DPP.
In Scotland, cases are initiated by the Procurator
Fiscal.
reason in relation to the disposal or management of
residential, commercial and other premises, unless that
treatment can be justifi ed under the Act.
Part III of the Act introduced specifi c duties on
organisations that provide services; these duties were
introduced in three phases:
15.3.25 Section 40
➤
from December 1996, it became unlawful for serv-
ice providers to refuse to serve a disabled person,
offer a lower standard of service or provide a service
on worse terms to a disabled person for a reason
related to his/her disability
➤
from October 1999, service providers have had to
make reasonable adjustments for disabled people in
the way they provide their services
This section places the onus of proving that the stand-
ard of reasonable practicability was achieved on the
accused. In discharging this onus of proof, the accused
must prove their case on the balance of probabilities.
15.4
The Disability Discrimination Act
1995
➤
from October 2004, service providers have to make
reasonable adjustments in relation to the physical
features of their premises to overcome physical bar-
riers to access.
The Disability Discrimination Act 1995 (DDA) introduced
new laws aimed at ending the discrimination that many
disabled people face.
The DDA defi nes disability, and identifi es who is
protected under it. The defi nition is broad: 'a physical
or mental impairment which has a substantial and long-
term adverse effect on a person's ability to carry out
normal day-to-day activities'.
The DDA makes it unlawful to treat a disabled
person less favourably than others for a disability-related
From October 2004, where a physical feature (i.e. any-
thing on the premises arising from a building's design or
construction or the approach to, exit from or access to
such a building; fi xtures, fi ttings, furnishings, equipment
or materials and any other physical element or quality of
land in the premises) makes it impossible or diffi cult for
disabled customers to make use of a service offered to
