One of the main Tory MPs responsible for the privatisation of the NHS is now taking his axe to the Health and Safety At Work Act 1974.
The Deregulation Bill currently going through the House of Commons amends the Health and Safety legislation by removing the protection it gives to those self employed by changing the term to those who’s work is on a list that the Government has determined is of a nature that it may posed a risk to others.
This list as has been commented upon in a previous news story on this website, is wholly inappropriate and full of gaps in terms of the nature of work that many self-employed people undertake which can present a risk to the public, and themselves.
The details of the amendments are:
Health and safety at work: general duty of self-employed persons
(1) Section 3 of the Health and Safety at Work etc. Act 1974 (general duty of employers and self-employed to persons other than their employees) is amended in accordance with subsection (2).
(2) In subsection (2) (which imposes a general duty with respect to health and safety on self-employed persons) —
(a) after “self-employed person” insert “who conducts an undertaking of a
prescribed description”;
(b) for “his undertaking” substitute “the undertaking”.
(3) In section 11 of that Act (functions of the Executive), in subsection (4)(b), after“does not” insert “, except in relation to regulations under section 3(2),”.
(4) Where this section comes into force at a time when there is in force an Order in
Council made under section 84(3) of the Health and Safety at Work etc. Act 1974 that applies section 3 or 11 of that Act to matters outside Great Britain, that Order is to be taken as applying that section as amended by this section.
But the Bill goes further than just health & safety and is a wide ranging Bill covering a whole raft of over 57 piece of legislation, including the reduction of duties relating to energy and climate change, removing planning permission for the erection of statues, and the reduction of so-called burdens relating to the use of roads and railways.
You can download the Bill from the House of Commons website by clicking on the pic below.
Here is the full list from the Bill:
Measures affecting business: general
1 Health and safety at work: general duty of self-employed persons
2 Removal of employment tribunals’ power to make wider recommendations
3 Apprenticeships: simplification
4 English apprenticeships: funding arrangements
Measures affecting business: particular areas
5 Driving instructors
6 Motor insurers
7 Shippers etc of gas
8 Suppliers of fuel and fireplaces
9 Sellers of knitting yarn
Companies and insolvency
10 Authorisation of insolvency practitioners
11 Auditors ceasing to hold office
12 Insolvency and company law: miscellaneous
Use of land
13 Recorded rights of way: additional protection
14 Unrecorded rights of way: protection from extinguishment
15 Conversion of public rights of way to private rights of way
16 Applications by owners etc for public path orders
17 Extension of powers to authorise erection of gates at owner’s request
18 Applications for certain orders under Highways Act 1980: cost recovery
19 Public rights of way: procedure
20 Erection of public statues (London): removal of consent requirement
Housing
21 Reduction of qualifying period for right to buy
22 Removal of power to require preparation of housing strategies
Transport
23 Removal of restrictions on provision of passenger rail services
24 Reduction of burdens relating to the use of roads and railways
25 Reduction of burdens relating to enforcement of transport legislation
26 Removal of duty to order re-hearing of marine accident investigations
Communications
27 Repeal of power to make provision for blocking injunctions
The environment etc
28 Reduction of duties relating to energy and climate change
29 Household waste: de-criminalisation
30 Other measures relating to animals, food and the environment
Regulation of child trust funds
31 Management of child trust funds: looked after children
32 Management of child trust funds: children 16 or over
33 Child trust funds: transfers
34 Child trust funds: safeguards for children’s interests
Education and training
35 Abolition of office of Chief Executive of Skills Funding
36 Further and higher education sectors: reduction of burdens
37 Schools: reduction of burdens
Alcohol and entertainment
38 Temporary event notices: increase in maximum number of events per year
39 Personal licences: no requirement to renew
40 Sale of liqueur confectionery to children under 16: abolition of offence
41 Late night refreshment
42 Removal of requirement to report loss or theft of licence etc to police
43 Exhibition of films in community premises
Administration of justice
44 Repeal of Senior President of Tribunals’ duty to report on standards
45 Criminal procedure: written witness statements
46 Criminal procedure: written guilty pleas
47 Criminal procedure: powers to make Criminal Procedure Rules
48 “MAPPA arrangements” to cease to apply to certain offenders
49 Removal of requirement that prison closures be made by order
Other measures to reduce burdens on public authorities
50 London street trading appeals: removal of role of Secretary of State in appeals
51 Gangmasters (Licensing) Act 2004: enforcement
52 Reduction in regulation of providers of social work services
53 Access to registers kept by Gas and Electricity Markets Authority
54 Repeal of duty to prepare sustainable community strategy
55 Repeal of duties relating to local area agreements
56 Repeal of provisions relating to multi-area agreements
57 Repeal of duties relating to consultation or involvement
Legislative reform
58 Power to spell out dates described in legislation
59 Ambulatory references to international shipping instruments
Source: Unionsafety / DECC / Cabinet Office
