The inspector had issued a prohibition notice with regard to the access to a heliport on a North Sea oil rig. The court now considered whether, on a challenge to such a notice, the court was restricted to considering only knowledge available at the time of the notice.
Held: The Inspector’s appeal failed. On an appeal under section 24, the tribunal is not limited to considering the matter on the basis of the material which was or should have been available to the inspector. It is entitled to take into account all the available evidence relevant to the state of affairs at the time of the service of the prohibition notice, including information coming to light after it was served.
, Lord Mance, Deputy President, Lord Sumption, Lord Reed, Lord Hodge, Lady Black
[2018] UKSC 7, UKSC 2016/0166, 2018 GWD 24-307, [2018] 1 WLR 964, [2018] WLR(D) 82, [2018] ICR 490, 2018 SLT 751, [2018] 2 All ER 295, 2019 SCLR 369
Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC 2017 Dec 14 am Video, WLRD
Health and Safety at Work etc Act 1974
Scotland
Citing:
Cited – Hague (Inspector of Health and Safety) v Rotary Yorkshire Ltd CA 11-Jun-2015
Appeal against successful appeal against health and safety prohibition notice. Rotary Yorkshire were arguing for a broad interpretation of section 24 and the inspector for a more limited interpretation.
Held: Laws LJ (with whom the other . .
Appeal from Inner House – HM Inspector of Health and Safety v Chevron North Sea Ltd SCS 29-Apr-2016
The Inspector had served an enforcement notice as to the condition of an oil rig. The operators fixed the issues identified and appealed. The court now considered whether on such an appeal it should consider only the situation at the time of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 October 2021; Ref: scu.604214