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Posted By Jonathan Sandler
Can anybody advise if Schedule 3 of the 74 Act has been updated please.
Ta
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Posted By steven bentham
By Schedule 3 do you mean Section 3?
There is a large amount of case law on Section 3 and it is actively enforced (see HSE Prosecutions).
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Posted By Frank Hallett
Yes Jonathon - Schedule 3, Para 2 has been amended in sub-para (2) by the Customs and Excise Management Act 1979, s 177(1), Sch 4, para 12, Table, Part I.
It now reads:-
2(2) Specifying, in a case where an act or omission in relation to such an importation, landing or unloading as is mentioned in the preceding sub-paragraph constitutes an offence under a provision of this Act and of the Customs and Excise Acts 1979, the Act under which the offence is to be punished.
For those who didn't know, there were actually 10 Schedules to HSWA; Schedule 3 deals with the legitimate focus for HSWA S15 - the power of the [relevant] Secretary of State to make Regulationsd under HSWA.
Frank Hallett
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Posted By Jonathan Sandler
Thanks to both of you for your reply.
I was looking at Sch 3(2)&(4)
Ta
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Posted By Jonathan Sandler
Sch 3. 1 (1-5) as well.
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Posted By Frank Hallett
Hi Jonathon
I can only find the one amendment already identified above. If there are any more I shall be happy to be informed.
Frank Hallett
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