C6 - Powers

Question 1

C6 - Powers.
Characterise the five domains of empowerment granted to inspectors.

Answer 1

WINDL

Warranting
Investigatory
Notices
Danger
Legal

Question 2

C6 - Powers (W)
How are inspectors given their regulatory powers.

Answer 2

Through an instrument in writing under both acts.
Powers are conferred both by HASWA under s19 and by TEA13, s83 Schedule 8, Part 1.

ONR may grant any relevant power to inspectors but under Schedule 8 for issuance of notices, these are confined to the Applicable Provisions, i.e. they exclude safeguards and security.

Question 3

C6- Powers (I)
What investigatory powers do inspectors have?

Answer 3

These are provided for under both acts.

Under HASWA, s20 and under TEA13, Schedule 8, Part 3).

They are essentially the same but differently expressed.

Under HASWA s20, they are extensive and include:

Entry
Investigate or examine, leave undisturbed.
Sample and take possession
Answer questions and provide assistance

Question 4

C6 Powers (N)
What notice issuance powers do inspectors have?

Answer 4

Powers are conferred by both acts. They are broadly similar.

Under HASWA, s21 and 22 (for PNs and INs respectively)
Under TEA 13, Schedule 8 Part 2 (for both PNs and INs)

Question 5

C6 Powers (D)
What power does an inspector have to deal with imminent danger?

Answer 5

Under HASWA s25, inspectors have powers to deal with the cause of imminent danger (also provided under TEA 13, Schedule 8, Part 3).

Question 6

C6 Powers (L)
What legal powers do inspector have?

Answer 6

Inspector have the power to prosecute under HASWA s 39.

In England and Wales, Inspectors can bring a prosecution. In Scotland, they recommend prosecution to the procurator Fiscal.

What prosecution powers are cited in TEA 13?