If you didn't glaze over at the title - well done!

The previous legal liabilities under the Primary Authority Schemes were clear as the multi-site employer was clearly the body responsible for all HS&F compliance on their sites.

This was changed initially by the Enterprise and Regulatory Reform Act 2013 so as to enable extending the PA scheme into smaller, single-site businesses that are part of a Trade Association or similar body to participate in a PA scheme - effectively taking control further away from HSE and also all LAs other than the relevant PA LA. That has now [as of April 6 2014] been extended to fire safety.

My question is this:-
Does anyone out there have any definitive [stand up in criminal court] information on the vulnerability of the Trade Association or similar in the event that the advice and guidance provided is inadequate or flawed in such a way that the member[s] can be, or are, prosecuted for HS or F non-compliance?

My view is that the Trades Association etc will be in a position analogous to that of an external consultant appointed under MHSW; but that's only because I'm not a nighly-paid, clever Barrister!

I suspect that this will get rather less attention than I hope for - but I am a perennial optimist [whilst planning for the worst] but I shall look forward to any useful contribution.

Frank Hallett