The power to institute proceedings for a breach of the Act lay in the inspector, and he could not delegate it. The Act was explicit in its requirements as to who could issue proceedings. The informations were not laid when the inspector requested a local authority solicitor to issue them, and there was nothing to justify any inference of a power to delegate.
Citations:
Gazette 30-Nov-2000, Times 22-Nov-2000
Statutes:
Health and Safety at Work Act 1974 38
Jurisdiction:
England and Wales
Health and Safety, Criminal Practice, Magistrates
Updated: 05 June 2022; Ref: scu.88431
