Section 34: Extension of time for bringing summary proceedings., Health and Safety at Work etc. Act 1974

Where—

a special report on any matter to which section 14 of this Act applies is made by virtue of subsection (2) of that section; or

a report is made by the person holding an inquiry into any such matter by virtue of subsection (2A) of that section; or

an investigation under Part 1 of the Coroners and Justice Act 2009 is conducted into the death of any person whose death may have been caused by an accident which happened while he was at work or by a disease which he contracted or probably contracted at work or by any accident, act or omission which occured in connection with the work of any person whatsoever; or

an inquiry into any death that may have been so caused is held under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016,

and it appears from the report or investigation or, in a case falling within paragraph (d) above, from the proceedings at the inquiry, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject-matter of the report, investigation or inquiry, summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months of the making of the report or, in a case falling within paragraph (c) or (d) above, within three months of the conclusion of the investigation or inquiry.

Where an offence under any of the relevant statutory provisions is committed by reason of a failure to do something at or within a time fixed by or under any of those provisions, the offence shall be deemed to continue until that thing is done.

Summary proceedings for an offence to which this subsection applies may be commenced at any time within six months from the date on which there comes to the knowledge of a responsible enforcing authority evidence sufficient in the opinion of that authority to justify a prosecution for that offence; and for the purposes of this subsection—

a certificate of an enforcing authority stating that such evidence came to its knowledge on a specified date shall be conclusive evidence of that fact; and

a document purporting to be such a certificate and to be signed by or on behalf of the enforcing authority in question shall be presumed to be such a certificate unless the contrary is proved.

The preceding subsection applies to any offence under any of the relevant statutory provisions which a person commits by virtue of any provision or requirement to which he is subject as the designer, manufacturer, importer or supplier of any thing; and in that subsection "responsible enforcing authority" means an enforcing authority within whose field of responsibility the offence in question lies, whether by virtue of section 35 or otherwise.

In the application of subsection (3) above to Scotland—

for the words from "there comes" to "that offence" there shall be substituted the words "evidence, sufficient in the opinion of the enforcing authority to justify a report to the Lord Advocate with a view to consideration of the question of prosecution, comes to the knowledge of the authority";

at the end of paragraph (b) there shall be added the words "and

section 331(3) of the Criminal Procedure (Scotland) Act 1975 (date of commencement of proceedings) shall have effect as it has effect for the purposes of that section."

In the application of subsection (4) above to Scotland, after the words "applies to" there shall be inserted the words "any offence under section 33(1)(c) above where the health and safety regulations concerned were made for the general purpose mentioned in section 18(1) of the Gas Act 1986 and".

Section 34: Extension of time for bringing summary proceedings.

Discussed in

About this text