Legislation

Question 1

What is Primary Legislation?

Answer 1

• The highest form of law.
• Created by the Acts of Parliament.
• Written rules that are passed by the UK Parliament.
• Binding on all Individuals and Organisations.
• Provide high-level obligations and might lack finer detail
• The Health and Safety at Work Act (HASAWA) 1974 is the primary piece of legislation
• HASAWA 1974 sets out the framework for managing workplace health, safety and welfare.

Question 2

What is Secondary Legislation?

Answer 2

• made up of sets of legally binding rules that are created by the government or other sanctioned bodies.
• Referred to as ‘statutory instruments’ or ‘ delegated legislation’
• Can be used to make changes or additions to primary legislation without the need for a new Act of Parliament.
• have the benefit of being able to enact legislation quickly.

Question 3

What are the 3 types of Secondary Legislation?

Answer 3

1. Orders
2. Regulations
3. Rules

Used to enforce the provisions of the relevant act and contains more detailed information on the duties and responsibilities of individuals and organisations.

Question 4

What are Byelaws?

Answer 4

• a special type of secondary legislation.
• Local Authorities (LAs) have authority to make and enforce byelaws.
• limited to the operations of a specific organisation//body or particular geographical area and usually require something to be done/not done.

Question 5

What are approved codes of practice (ACOPs)?

Answer 5

• accompany regulations
• practice guides that provide legal advice on how to comply with the regulations (which they relate with).
• ACOPs have a special legal status and are approved by the HSE, with concent of the Secretary of State.
• following ACOPs means an organisation/individual is complying with law. (However not a legal requirement)
• Failure to comply with ACOP will not result in an individual/organisation being prosecuted, but may be used as evidence in court proceedings.

Question 6

What are codes of practice (COPs)?

Answer 6

• Non-statutory documents that are accepted as providing practical guidance on complying with the law.
• Not legally binding, but can be used as evidence in court.

Question 7

What is industry guidance?

Answer 7

• broad term to cover all non-statutory guidance.
• produced by trade associations, professional bodies and other organisations.
• provides detailed practice advice on how to comply with the law
• often tailored to specific industries or sectors