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Posted By lawrence baldwin
There was discussion and a CD on repealing this regulation, December 2002 if my memory serves, (but age forces me not to solely rely on that anymore!) exclusion of civil liability. Does anyone know where we are on this, is it repealed or is it still extant?
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Posted By Bob Youel
L
Reg 22 still exists - there has been movement to remove it but at this time it is still law and looks like remining so until
the end of this year at least
Note the move in Europe to remove all statute barring as it runs against fundamental human rights
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Posted By Jay Joshi
The Health & Safety Commission has taken a decision on this in its meeting dated 15 November 2002. I have included "links" to the agenda from where you can access more details-- that are publicly accessible. From these papers, it can be presumed that the HSE/C expected the amending regulations by the end of December 2002.
My personal view is that after the difficulty of the passage of the new asbestos regulations that were "challenged" in both the houses i.e. commons & lords, it is likely that this one has been kept on the backburner!
Alternatively, we expect the reform of fire safety legislation soon and this may be done simultaneously as the civil liability exclusion is also to be removed from the Fire Precautions (Workplace) Regulations
1997 as amended in 1999
http://www.hse.gov.uk/ab...ngs/2002/151002/ca14.htm
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Posted By LittleBG
According to Croners the position is as follows: -
Consultative Proposals to Amend the Management of Health and Safety at Work Regulations 1999 and the Fire Precautions (Workplace) Regulations 1999
Both the Management of Health and Safety at Work Regulations 1999 and the Fire Precautions (Workplace) Regulations 1999 exclude civil law actions being taken on breach of statutory duty.
It is proposed to remove this exclusion from the two Regulations as a result of consultation with the EC over the UK's implementation of the Health and Safety Framework Directive (89/391/EEC).
Six other relatively minor amendments to the two Regulations are also proposed.
Progress
Consultation complete. The Regulations are expected to be issued in spring/summer 2003.
Document available at www.hse.gov.uk/condocs/cd177.pdf
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