6 Pump Court

This Practice Note explains the procedure involved in appealing sentences passed in health and safety cases and explores the approach to sentencing taken by the Court of Appeal (Criminal Division) in cases involving challenges to sentences imposed for health and safety breaches. It covers sentencing very large organisations for health and safety breaches, the impact of a fatality on sentence, the effect of operating profit on appeal, the reduction in sentences passed on public bodies, new evidence in appeals against sentence in the Court of Appeal as well as skeleton arguments and costs in health and safety appeals against sentence.

This Practice Note explains the duties imposed on directors in relation to health and safety law in the UK and the health and safety offences which can be committed by directors and leaders of organisations in their personal capacity under the Health and Safety at Work etc Act 1974 (HWSA 1974). The Practice Note explains the meaning of consent, connivance or neglect under HSWA 1974, s 37. It explains how the general duties under the Companies Act 2006 apply in relation to health and safety, the guidance on leading health and safety contained in Leading Health and Safety at Work: Leadership Actions for Directors and Board Members (INDG417), and how compliance with health and safety law by Boards of Directors can be demonstrated in practice.

This Practice Note explains the powers granted to Health and Safety Executive (HSE) inspectors, local authority environmental health officers and inspectors from the Office of Rail and Road (ORR) and the Office of Nuclear Regulation (ONR) to enforce health and safety law in England, Wales and Scotland. It covers the basis of the HSE’s powers and other health and safety enforcement bodies, the nature and scope of powers, including warrant cards issued to HSE inspectors, the conduct of investigations, the power to conduct interviews and the service of Prohibition Notices and Improvement Notices on dutyholders. It also covers the ability to prosecute health and safety offences in England and Wales.

This Practice Note explains the approach the courts take when sentencing organisations found guilty of environmental crime and specifically breaches of section 33 of the Environmental Protection Act 1990 (EPA 1990) (unauthorised or harmful deposit, treatment or disposal of waste) and regulations 12 and 38 of the Environmental Permitting (England and Wales) Regulations (illegal discharges to air, water and land). It explains the requirements of the Sentencing Council’s sentencing guidelines for these offences, the factors which the court will consider on sentencing environmental breaches and the starting point for fines imposed on large corporate offenders. Mitigation features and aggravating features in environmental sentencing are covered as well as the ancillary orders which can also be made on conviction for environmental crimes are also highlighted.

This Practice Note outlines the process for requisitioning a public sewer or lateral drain. It was produced in partnership with John Bates of Old Square Chambers. It includes how to make a requisition, the duty to comply with a requisition, financial conditions, environmental requisitions, disputes, enforcement and provision of drains with sewers.

This Practice Note outlines the powers and duties of sewerage undertakers under the Water Industry Act 1991 (WIA 1991). It covers undertakers’ powers to lay sewers, lateral drains and disposal mains in streets, and other lands, notice of intended work, powers of entry, compensation, drainage systems relieving public sewers, the undertaker’s property in pipes, the undertaker’s duty to move pipes and apparatus, closure of sewers, and extinguishment of rights. It was produced in partnership with John Bates of Old Square Chambers.