Control of asbestos—penalties
Produced in partnership with Lee Hughes of Lincoln House Chambers
Control of asbestos—penalties

The following Environment guidance note Produced in partnership with Lee Hughes of Lincoln House Chambers provides comprehensive and up to date legal information covering:

  • Control of asbestos—penalties
  • Penalties
  • General sentencing provisions
  • Example cases
  • Civil liability
  • Transactions

Penalties

The Control of Asbestos Regulations 2012, SI 2012/632 (‘CAR’) were made under Health and Safety at Work etc. Act 1974, s 15 (‘HSWA 1974’). They are an example of health and safety regulations, amongst many other statutory instruments (such as the Management of Health and Safety at Work Regulations 1999, SI 1999/3242).

Health and safety regulations impose requirements on HSWA 1974 duty holders. They are often accompanied by Approved Codes of Practice (‘ACOPs’) or Guidance Notes prepared by the Health and Safety Executive (‘HSE’). ACOPs are made under HSWA 1974, s 16, for the purpose of providing practical guidance with respect to the requirements of the health and safety regulations. Guidance Notes provide additional guidance, but they do not have the same force of law as ACOPs.

The relevant ACOP in respect of CAR is (L143) on managing and working with asbestos, which was introduced in December 2013.

Breach of health and safety regulations is a criminal offence under HSWA 1974, s 33(1)(c). Health and safety regulations may specify the persons or classes of persons who, in the event of a contravention of a requirement or prohibition imposed by or under the regulations, are guilty of an offence, whether in addition to or to the exclusion of other persons or classes of persons.

CAR is no exception eg CAR contains a duty