Section 69 of the Enterprise and Regulatory Reform Act 2013 establishes that a breach of a duty imposed by a statutory instrument containing (whether alone or with other provision) health and safety regulations is actionable, unless health and safety regulations provide otherwise.

Question

Quizplus · Accepted Answer

Section 69 amends section 47(2) of the Health and Safety of Work Act 1974 by reversing the original section - which provided that a 'breach of a duty imposed by health and safety regulations shall, so far as it causes damage, be actionable except in so far as the regulations provide otherwise' with a presumption in the opposite direction: 'breach of a duty imposed by a statutory instrument containing (whether alone or with other provision) health and safety regulations shall not be actionable except to the extent that regulations under this section so provide' (s 69(3)).