The Health and Safety at Work etc. Act 1974 (Civil Liability) (Exceptions) Regulations 2013

• Citation: S.I. 2013/1667
• Sections: 5

Section 1 Citation and commencement

(1) These Regulations may be cited as the Health and Safety at Work etc. Act 1974 (Civil Liability) (Exceptions) Regulations 2013.

(2) These Regulations come into force on 1st October 2013.

Section 2 Exception relating to compulsory maternity leave

(1) Breach of a duty imposed by section 72(1) of the Employment Rights Act 1996 (which by virtue of section 72(4) of that Act is for these purposes treated as imposed by health and safety regulations) shall, so far as it causes damage, be actionable.

(2) Any term of an agreement which purports to exclude or restrict any liability for such a breach is void.

Section 3 Exception relating to the Management of Health and Safety at Work Regulations 1999

In the Management of Health and Safety at Work Regulations 1999 for regulation 22 substitute—

(22)

(1) Breach of a duty imposed by regulation 16, 16A, 17 or 17A shall, so far as it causes damage, be actionable by the new or expectant mother.

(2) Any term of an agreement which purports to exclude or restrict any liability for such a breach is void.

Section 4 Revocations

The Management of Health and Safety at Work (Amendment) Regulations 2006 are revoked.

Section 5 Review

(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to the measures taken to implement rules on the enforcement of obligations imposed by Directive 92/85/ EEC in other Member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the measures taken to implement rules on enforcement in relation to that Directive,

(b) assess the extent to which those objectives are achieved, and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before 1st October 2018.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.