Health and Safety in Employment Act 1992

55 Other provisions relating to offences
  • (1) An information laid by an inspector in respect of any offence against this Act may be proceeded with and conducted by the informant, any other inspector, or any other person permitted by the court to proceed with and conduct it.

    (2) For the purposes of subsection (1), no person shall be called on to prove that—

    • (a) the person is an inspector; or

    • (b) an information was laid by an inspector.

    (3) In any proceedings for an offence against this Act in respect of a duty imposed by this Act on employers or persons who control places of work, it is enough to state the name or title under which a person who or that is ostensibly an employer or such a person is usually known or appears to carry on business; and the court may from time to time amend the indictment or information as to the actual name of the defendant.

    (3A) Subsection (3) is subject to section 3(2).

    (4) In addition to any penalty imposed, a court may require a person convicted of an offence against this Act to remedy any matter in respect of which the person was convicted.

    (5) An inspector may lay an information for an offence against the Department of Labour, or any other agency designated under section 28B to administer this Act, only with the authority of the Solicitor-General.

    (6) If the Solicitor-General gives authority under subsection (5), the inspector must be represented in the proceedings by the Crown Solicitor.

    Section 55(3A): inserted, on 18 October 2002, by section 26 of the Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).

    Section 55(5): added, on 5 May 2003, by section 28(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

    Section 55(6): added, on 5 May 2003, by section 28(1) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).