UK&I health and safety legislation relevant to the leisure environment
Jan 01, 2022GUIDANCE
The following table sets out key health and safety duties across four jurisdictions within the UK&I region: England and Wales, Scotland, Northern Ireland and Ireland.
England & Wales and Scotland abbreviations
- HSWA 1974 – Health and Safety at Work etc. Act 1974.
- MHSWR 1999 – Management of Health and Safety at Work Regulations 1999.
Northern Ireland abbreviations
- HSW(NI)O 1978 - The Health and Safety at Work (Northern Ireland) Order 1978.
- MHSWR(NI) 2000 - Management of Health and Safety at Work Regulations (Northern Ireland) 2000.
Ireland abbreviations
- SHWWA 2005 – Safety Health and Welfare at Work Act 2005.
- SHW(GA)R 2007 – Safety Health and Welfare (General Application) Regulations 2007.
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England and Wales |
Scotland |
Northern Ireland |
Ireland |
Duty holders |
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Employer duties to employees |
HSWA 1974 s.2 |
HSWA 1974 s.2 |
HSW(NI)O 1978 s.4 |
SHWWA 2005 s.8 |
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Employer duties to non-employees |
HSWA 1974 s.3 |
HSWA 1974 s.3 |
HSW(NI)O 1978 s.5 |
SHWWA 2005 s.12 |
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Employee duties |
HSWA 1974 s.7 + MHSWR 1999 Reg 14 |
HSWA 1974 s.7 + MHSWR 1999 Reg 14 |
HSW(NI)O 1978 s.8 |
SHWWA 2005 s.13 |
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Senior persons |
HSWA 1974 s.37 |
HSWA 1974 s.37 |
HSW(NI)O 1978 s.34A |
SHWWA 2005 s.80 |
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Contractors |
HSWA 1974 s.4 and 36 |
HSWA 1974 s.4 and 36 |
HSW(NI)O 1978 s.5 and 34 |
SHWWA 2005 s.12 |
Duties |
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Risk assessment |
MHSWR 1999 Reg 3 |
MHSWR 1999 Reg 3 |
MHSWR(NI) 2000 Reg 3 |
SHWWA 2005 s.19 |
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Preventative measures |
MHSWR 1999 Reg 5 |
MHSWR 1999 Reg 5 |
MHSWR(NI) 2000 Reg 5 |
SHWWA 2005 s.18 |
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Competent person |
MHSWR 1999 Reg 7 |
MHSWR 1999 Reg 7 |
MHSWR(NI) 2000 Reg 7 |
SHWWA 2005 s.2(2) |
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Safety policy |
HSWA 1974 s.2 |
HSWA 1974 s.2 |
HSW(NI)O 1978 s.4 |
SHWWA 2005 s.20 |
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Information, instruction, and training |
MHSWR 1999 Reg 10-11, 13 |
MHSWR 1999 Reg 10-11, 13 |
MHSWR(NI) 2000 Reg 10-11, 13 |
SHWWA 2005 s.9-10 |
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Serious and imminent danger |
MHSWR 1999 Reg 8-9 |
MHSWR 1999 Reg 8-9 |
MHSWR(NI) 2000 Reg 8-9 |
SHWWA 2005 s.11 |
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Interference with safety equipment |
HSWA 1974 s.8 |
HSWA 1974 s.8 |
HSW(NI)O 1978 s.9 |
SHWWA 2005 s.14 |
Enforcement procedure and sanctions |
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Approved codes of practice |
HSWA 1974 s.16-17 |
HSWA 1974 s.16-17 |
HSW(NI)O 1978 s.18-19 |
SHWWA 2005 s.60-61 |
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Reasonably practicable |
HSWA 1974 s.40 |
HSWA 1974 s.40 |
HSW(NI)O 1978 s.37 |
SHWWA 2005 s.2(6) |
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Powers of inspectors |
HSWA 1974 s.20 |
HSWA 1974 s.20 |
HSW(NI)O 1978 s.22 |
SHWWA 2005 s.64 |
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Improvement notice |
HSWA 1974 s.21 |
HSWA 1974 s.21 |
HSW(NI)O 1978 s.23 |
SHWWA 2005 s.65-66 |
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Prohibition notice |
HSWA 1974 s.22 |
HSWA 1974 s.22 |
HSW(NI)O 1978 s.24 |
SHWWA 2005 s.67 |
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Transcribed statement |
CJA 1967 s.9 |
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CJA 2006 s.15 |
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Q&A statement |
HSWA 1974 s.20 |
HSWA 1974 s.20 |
HSW(NI)O 1978 s.22 |
SHWWA 2005 s.64 |
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Offences |
HSWA 1974 s.33 |
HSWA 1974 s.33 |
HSW(NI)O 1978 s.31 |
SHWWA 2005 s.77 |
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Maximum fine (organization) |
HSWA 1974 Unlimited |
HSWA 1974 Unlimited |
HSW(NI)O 1978 Unlimited |
SHWWA 2005 £3m |
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Maximum fine (individual) |
HSWA 1974 Unlimited |
HSWA 1974 Unlimited |
HSW(NI)O 1978 Unlimited |
SHWWA 2005 £3m |
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Imprisonment (individual) |
HSWA 1974 2 years |
HSWA 1974 2 years |
HSW(NI)O 1978 2 years |
SHWWA 2005 2 years |
Management |
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Fire |
Regulatory Reform (Fire Safety) Order 2005 |
The Fire Safety (Scotland) Regulations 2006 |
The Fire Safety Regulations (Northern Ireland) 2010 |
SHW(GA)R 2007 Reg 12-14 |
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Welfare facilities |
The Workplace (Health and Safety and Welfare) Regulations 1992 |
The Workplace (Health and Safety and Welfare) Regulations 1992 |
Workplace (Health, Safety, and Welfare) Regulations (Northern Ireland) 1993 |
SHW(GA)R 2007 Reg 4-26 |
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New and expectant mothers |
MHSWR 1999 16-18 |
MHSWR 1999 16-18 |
Management of Health and Safety at Work Regulations (Northern Ireland) 2000 |
SHW(GA)R 2007 Reg 147-152 |
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Construction |
Construction (Design and Management) Regulations 2015 |
Construction (Design and Management) Regulations 2015 |
Construction (Design and Management) Regulations (Northern Ireland) 2016 |
SHWWA 2005 s.17 + SHWW (Construction) Regulations 2006 |
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Asbestos |
The Control of Asbestos Regulations 2012 |
The Control of Asbestos Regulations 2012 |
The Control of Asbestos Regulations (Northern Ireland) 2012 |
SHWW (Exposure to Asbestos) Regulations 2006 |
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Electricity |
The Electricity at Work Regulations 1989 |
The Electricity at Work Regulations 1989 |
The Electricity at Work Regulations (Northern Ireland) 1991 |
SHW (General Application) Regulations 2007 Reg 74-93 |
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Work equipment |
The Provision and Use of Work Equipment Regulations 1992 |
The Provision and Use of Work Equipment Regulations 1992 |
Provision and Use of Work Equipment Regulations (Northern Ireland) 1993 |
SHW(GA)R 2007 Reg 27-61 |
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Manual handling |
The Manual Handling Operations Regulations 1992 |
The Manual Handling Operations Regulations 1992 |
The Manual Handling Operations Regulations (Northern Ireland) 1992 |
SHW(GA)R 2007 Reg 68-69 |
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Display screen equipment |
The Health and Safety (Display Screen Equipment) Regulations 1992 |
The Health and Safety (Display Screen Equipment) Regulations 1992 |
The Health and Safety (Display Screen Equipment) Regulations (Northern Ireland) 1992 |
SHW(GA)R 2007 Reg 70-73 |
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Noise |
The Control of Noise at Work Regulations 2005 |
The Control of Noise at Work Regulations 2005 |
The Control of Noise at Work Regulations (Northern Ireland) 2006 |
SHW(GA)R 2007 Reg 120-132 |
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Personal protective equipment |
The Personal Protective Equipment Regulations 1992 |
The Personal Protective Equipment Regulations 1992 |
Personal Protective Equipment at Work Regulations (Northern Ireland) 1993 |
SHW(GA)R 2007 Reg 62-67 |
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Working at height |
The Working at Height Regulations 2005 |
The Working at Height Regulations 2005 |
The Working at Height Regulations (Northern Ireland) 2005 |
SHWW (Work at Height) Regulations 2006 |
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Safety signs |
The Health and Safety (Safety Signs and Signals) Regulations 1996 |
The Health and Safety (Safety Signs and Signals) Regulations 1996 |
Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 1996 |
SHW(GA)R 2007 Reg 158-162 |
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First aid |
The Health and Safety (First-Aid) Regulations 1981 |
The Health and Safety (First-Aid) Regulations 1981 |
The Health and Safety (First-Aid) Regulations (Northern Ireland) 1982 |
SHW(GA)R 2007 Reg 163-166 |
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Young persons |
MHSWR 1999 Reg 19 |
MHSWR 1999 Reg 19 |
Management of Health and Safety at Work Regulations (Northern Ireland) 2000 |
SHWW (Children and Young Persons) Regulations 1999 + SHW(GA)R 2007 Reg 143-146 |
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Consultation and participation |
The Health and Safety (Consultation with Employees) Regulations 1996 + The Safety Representatives and Safety Committees Regulations 1977 |
The Health and Safety (Consultation with Employees) Regulations 1996 + The Safety Representatives and Safety Committees Regulations 1977 |
Health and Safety (Consultation with Employees) Regulations (Northern Ireland) 1996 + The Safety Representatives and Safety Committees Regulations (Northern Ireland) 1979 |
SHWWA 2005 s.26 |
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Accident reporting |
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 |
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 |
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (Northern Ireland) 1997 |
SHWW (Reporting of Accidents and Dangerous Occurrences) Regulations 2016 |
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Working time |
The Working Time Regulations 1998 |
The Working Time Regulations 1998 |
The Working Time Regulations (Northern Ireland) 2016 |
Organization of Working Time Act 1997 |
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Chemical safety |
The Control of Substances Hazardous to Health Regulations 2002 |
The Control of Substances Hazardous to Health Regulations 2002 |
Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 |
Chemicals Act 2008 and 2010 |
Northern Ireland References
- Public register of convictions
- Mental wellbeing guide
- List of primary legislation
- List of subordinate legislation
- List of Northern Ireland ACOPs
- Workplace accident/incident investigation template
- Safe use of display screen equipment
- DSE workstation assessment checklist
- List of GB approved ACOPs for use in Northern Ireland
- First aid at work FAQs
- Example risk assessment
- Example fire risk assessment
- Stress action plan guidance
- Guidance for managers for managing mental health difficulties
- 5 steps to risk assessment
- What to expect when an inspector calls
- Skin safe - working with chemicals
- Example health and safety policy
- HSENI indicator tool / questionnaire
- Driving at work Northern Ireland. An employer's guide
- Guidance on the prevention and management of musculoskeletal disorders in the workplace
- General health and safety law questions
- Safe maintenance. Cleaning
- Safe maintenance. Contractors
- Managing fire safety in the workplace
Ireland References
- A guide to SHWWA 2005
- Guide to SHWW (General Application) Regulations 2007
- Guide on Prevention and Management of Musculoskeletal Disorders (MSDs) 2013
- A guide to Risk Assessments and Safety Statements
- Guidance on the SHWW (Reporting of Accidents and Dangerous Occurrences Regulations) 2016.
- Sharps Regulations Guidelines 2014
- Checklist for the Prevention of Legionnaires Disease in Leisure Centre’s
- Manual Handling Guidance
- Slips and Trips
- Protection of Pregnant, Post Natal and Breastfeeding Employees
- Protection for Children and Young People
- Safety Signs at Work
- First Aid
- Work at Height
- DSE
- Manual Handling
- Personal Protective Equipment
- Work Equipment
- Workplace
Citation: Jacklin, D. 2022. UK&I health and safety legislation relevant to the leisure environment. Water Incident Research Hub, 1 January.
