Appendix: Health and Safety (Enforcing Authority) Regulations 1998: A-Z guide to allocation

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Subject Enforcing Authority Explanatory notes 
Accommodation
1. Hotel, guest-houses, hostels LA  
Furnished Holiday Lets HSE Occasional arrangement between owner occupier and lessee, where the property is lived in and essentially remains 'domestic premises'.
LA Where holiday accommodation is available for letting for at least 210 days in the year and is let for at least 105 days within the year. Often arranged via online booking sites.
Bed and Breakfast accommodation HSE Private dwellings, in which a number of bedrooms are let out, do not cease to be 'domestic premises'. and enforcement remains with HSE.
LA if this is the main activity in non-domestic premises
2.Permanent or temporary caravan/mobile homes/camping sites used for holiday purposes LA HSE for caravan/camp site operated by HSE-enforced occupier on his/her own premises where it is not a separate business but a minor activity, for example a farmer allowing camping on his property
Whilst the LA will be responsible for the site, HSE has responsibility for work activity in  caravan/mobile home being used as domestic residence rather than holiday accommodation.
3. Residential caravan/mobile homes/chalet sites where services and foundations are provided but accommodation either belongs to the occupant or a tenancy agreement is in place HSE Work on the ‘common parts’ of the managed complex would be classes as peripatetic in nature
Whether properties owned or let long-term with a tenancy agreement these essentially are 'domestic premises'.
LA for site operator regardless of whether site owns the caravans or provides foundations and services only to privately owned caravans.
4. Temporary fixed or mobile accommodation provided for casual farm workers or construction sites HSE Where the accommodation provided is not a separate business but a minor activity.
5. Bail hostels aka ‘Approved Premises’ to house ex-offenders run by Probation Service where people are required to stay by the courts HSE .
6. Care home with nursing (Nursing Home) HSE Main activity is the provision of nursing / medical care. (i.e. involving activities that can only be carried out by a registered nurse, doctor or other medical professional.)
Dual registered care homes will be either HSE (where the main activity is nursing care), or LA (where the main activity is residential care)
In England, HSE/LA’s are the lead regulator for worker health and safety whilst the Care Quality Commission (CQC) are the lead regulator for patient / service user health and safety (in CQC-registered premises). The memorandum of understanding between HSE and CQC can be viewed is available . Please also see Who regulates health care (hse.gov.uk).
In Wales HSE/LAs are the lead regulator for worker health and safety. For Patient / Service user incidents, reference should be made to Who regulates health care (hse.gov.uk), Priorities for enforcement of Section 3 of the HSWA 1974 - July 2003 (rev April 2015) (hse.gov.uk) and to the Memorandum of understanding between HSE, Care Inspectorate Wales (CIW) and Local Authorities in Wales to determine who the appropriate lead regulator will be. In general, HSE/LAs will not investigate where the Patient / Service User incident arises from poor clinical judgement or provision of care.
In Scotland HSE/LAs are the lead regulator for worker health and safety. For Patient / Service user incidents, reference should be made to Who regulates health care (hse.gov.uk) , Priorities for enforcement of Section 3 of the HSWA 1974 - July 2003 (rev April 2015) (hse.gov.uk) and to the Liaison Agreement between HSE, Scottish Local Authorities and Care Inspectorate Scotland (CI) to determine who the appropriate lead regulator will be. In general, HSE/LAs will not investigate where the Patient / Service User incident arises from poor clinical judgement or provision of care.
7. Care home without nursing (Residential Care homes or centres) LA Main activity is the provision of residential accommodation. HSE where home is run or owned by LA.
The only exception to this will be where the main activity is the provision of education (ie an educational establishment) despite there also being a large element of residential care. 
8. Other types of care accommodation including, supported living schemes, sheltered housing, housing support services, and shared lives schemes HSE Where the premises are deemed to be a 'private domestic household' (for example, where an individual has short-hold tenancy agreement or mortgage) or where there is provision of on-going healthcare in a 'private domestic household' HSE enforcement is confined to peripatetic work activities or their effects.
HSWA does not apply where work activities taking place in private domestic households (eg domiciliary care) are considered to be domestic in nature and the employee is solely employed as a 'domestic servant'.
Where healthcare is provided by an organisation registered with the CQC, they will be responsible for patient health and safety.
In England, HSE/LA’s are the lead regulator for worker health and safety whilst the Care Quality Commission (CQC) are the lead regulator for patient / service user health and safety (in CQC-registered premises). The memorandum of understanding between HSE and CQC can be viewed is available . Please also see Who regulates health care (hse.gov.uk).
In Wales HSE/LAs are the lead regulator for worker health and safety. For Patient / Service user incidents, reference should be made to Who regulates health care (hse.gov.uk), Priorities for enforcement of Section 3 of the HSWA 1974 - July 2003 (rev April 2015) (hse.gov.uk) and to the Memorandum of understanding between HSE, Care Inspectorate Wales (CIW) and Local Authorities in Wales to determine who the appropriate lead regulator will be. In general, HSE/LAs will not investigate where the Patient / Service User incident arises from poor clinical judgement or provision of care.
In Scotland HSE/LAs are the lead regulator for worker health and safety. For Patient / Service user incidents, reference should be made to Who regulates health care (hse.gov.uk) , Priorities for enforcement of Section 3 of the HSWA 1974 - July 2003 (rev April 2015) (hse.gov.uk) and to the Liaison Agreement between HSE, Scottish Local Authorities and Care Inspectorate Scotland (CI) to determine who the appropriate lead regulator will be. In general, HSE/LAs will not investigate where the Patient / Service User incident arises from poor clinical judgement or provision of care.
LA Where a range of services is provided to help adults live independently in 'non-domestic premises'.
9.Asylum Seekers – detention or provision of temporary accommodation LA Where hotels are being used to accommodate asylum seekers
Ex MOD sites, now being run as private enterprise providing temporary accommodation
Permanently moored vessels
HSE HSE enforce at detention centres known as 'Immigration Removal Centres' (IRCs) and Short-Term Holding Facilities (STHFs) as these are under ‘Crown control’.
HSE where sea-going vessels (barges) are not permanently moored and being used as temporary accommodation – Schedule 2 Para 8 allocates enforcement of any activity on board a sea-going ship to HSE
10. Housing Associations HSE Management of a domestic property by a housing association doesn't alter the fact that it is a 'domestic premises'. HSE enforcement is confined to peripatetic work activities or their effects.
11. Rented domestic accommodation/Houses in Multiple occupation (where at least 3 people who are not from 1 'household' (for share facilities like the bathroom and kitchen) HSE HSE are only responsible for HSW
LA enforce housing legislation and public health legislation
12. On Campus Student Accommodation/Halls of Residence HSE The campus should be taken as meaning the grounds, buildings or other facilities, in which the main activity is education. All occupiers or buildings within those grounds will therefore fall to HSE
Acupuncture LA HSE when carried out in a domestic premises or under the supervision or control of a registered medical practitioner (Sch 1 para 8). 
Aerodrome activities LA Where the main activity is the practice or presentation of the arts, sports, games entertainment or other cultural or recreational activities.(Sch 1 para 9).
HSE Where the main activity is business flights.
Agricultural activities HSE Reg.2(1)(a) defines this as including horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, including the management of livestock up to the point of slaughter or export from Great Britain, forestry, the use of land as grazing land, market gardens and nursery grounds and the preparation of land for agricultural use. (Sch 2 para 7).
LA Activities above are not defined as 'agricultural activities' when carried out at a garden centre or other shop. (Reg. 2.(1)(b)). 
HSE Agricultural colleges offering course in farming and agricultural activities
LA Open Farms visited by the public where the main purpose is entertainment (Reg 2.(1)).  'livestock breeding and keeping' does not include activities where the main purpose is entertainment. This 'includes open farms' visited by members of the public.
Agricultural shows HSE Any activity at an agricultural show which involves the handling of livestock or the working of agricultural equipment. (Sch 2 para 7). Horses do not fall within definition of 'livestock' unless used for any agricultural activity, eg ploughing.
LA where no agricultural activity, unless part of a farm and not a separate legal entity.
Aircraft (civil) activities HSE Activities during aircraft turnaround, including refuelling, cargo and baggage loading and unloading, internal and external aircraft cleaning, maintenance activities etc.
CAA Occupational health and safety of the flight crew and cabin crew on aircraft. Health of passengers on aircraft.
Airports HSE The common parts of land within the perimeter of an airport (except airport car parks), which are outside or to which only passengers/airport employees are admitted ), ie 'air-side'.
Full details of regulatory responsibilities for enforcing occupational health and safety can be found in the HSE/Civil Aviation Authority (CAA) Memorandum of Understanding.
LA Separately occupied premises and common parts within a building to which members of the public have access i.e.’landside’
Airport car parking facilities. (Sch 1 para 14).
All-terrain vehicles (ATVs and quad bikes) HSE Agriculture and forestry, and where used by fire services, electricity companies, water companies, the MOD and other HSE enforced activities.
LA Leisure activities.
Animals, birds or other creatures LA Where the main activity is the care, treatment, accommodation or exhibition except as below.
HSE Where the main activity is horse breeding or horse training at a stable, or is an agricultural activity or veterinary surgery (Sch 1 para 11). Handling of livestock (Sch 2 para 7), fish, maggot and game breeding except in a zoo (Sch 2 para 10). Research.
Aquaculture HSE This also includes livestock breeding. Aquaculture includes shore based activities and activities on moored structures and vessels, eg floating fish cages, feed barges and moored vessels. When unmoored the vessels and structures will fall to the MCA/MIAB.
Arboriculture HSE  
Art galleries LA HSE where LA owned/administered.
Asbestos work HSE/LA Falls to normal enforcing authority for the premises except when it is a construction activity. In this case allocate as Construction except that all work on maintenance or removal of asbestos from pipes, boilers or parts of heating or water systems in LA-enforced buildings fall to LA even in segregated areas.
Baby ultrasound scanning clinic (private clinics) LA HSE when under the supervision of a registered medical practitioner, for example when conducted in a hospital
Bakery HSE LA where the 'manufacturing' activity is in support of a single shop and the bakery is not the main activity.
Banks and building societies LA  
Beach activities LA For the practice or presentation of the arts, sports, games, entertainment or other cultural recreational activities  (Sch 1 para 9) Note LA boundary extends to low water mark.
HSE when activity is under the control of the LA
Beauty treatments - Including the provision of aesthetic treatments, for example, electrolysis or derma rolling (see also cosmetic services). LA Where treatments are provided in a salon.
Where treatments are provided from a domestic premises which has a dedicated separate access/ egress from the main premises ie a doorway directly to the outside from the treatment room
HSE Where treatments are provided in a domestic premises either:
by mobile practitioners in domestic premises ie clients homes or
in practitioners own home which does not have separate access/egress to treatment area ie. a room within the domestic dwelling accessed via domestic dwelling entrance/exit.
Boarding kennels/catteries LA  HSE where boarding is undertaken in domestic premises
Boats/ships -  See Outdoor Leisure Activities if used by under 18s.
Building/repairing HSE  
1 Passenger operations water taxis, ferries: hotel/restaurant boats (no more than 12 passengers) in waters not listed in Annex to MSN1837(M) HSE It is expected that the boat and equipment would comply with the relevant MCA Code for vessels operating on inland waters.
LA if the main activity normally falls to LA for enforcement
2. Hire craft – to public for leisure use(inland waters)  LA The hiring out, together with the winter maintenance, of pleasure craft for use on inland waters. (Sch 1 para 10)). Responsible for enforcing HSW legislation in relation to the hiring activity and the results of hiring out a poorly maintained boat.
HSE Location: other waters than inland waters.
3. Hired craft -to an organisation which will conduct a work activity, eg a school party with teacher in charge of boat (any waters) HSE Boats may be certified by the Navigation Authority. HSE/LAs responsible for enforcing HSW legislation in relation to the hiring activity and the results of hiring out a poorly maintained boat.
MCA to advise as necessary on adequacy of training for operation of boat.
MAIB would also have a statutory role in investigation – lessons learnt to prevent future reoccurence
Location: any waters. No work activity and vessels not commercially operated.
 4. Provision by voluntary organisation with volunteer boatman and/or instructors MCA Coastguard responsible for safety of non-regulated pleasure craft. MAIB or the navigation authority may still investigate accidents.
5. Permanently moored ship LA Activities on ships which are permanently moored in an estuary which is within the LA boundary and which are used for such purposes as restaurants, public houses, theatres, museums, exhibitions or residential accommodation.
HSE would be the enforcing authority where the mooring is beyond the LA boundary.
Bouncy castles/inflatable devices LA Where they are not part of a fairground (defined).
Bowling alleys LA  
Builder's merchants LA  
Bungee jumping/ reverse bungee jumping LA Bungee jumping is regarded as the practice of a recreational activity and is allocated to the LA for enforcement (Sch 1 para 9), unless this activity is at premises enforced by HSE.
HSE Reverse bungee jumping apparatus falls within definition of 'fairground equipment'.
Cafes/restaurants LA  
Campus of university HSE The campus should be taken as meaning the grounds, buildings or other facilities, in which the main activity is education. All occupiers or buildings within those grounds will therefore fall to HSE.
Separately occupied premises within the campus where the main activity falls within Schedule 1 (eg bank, shop, sports facilities) may be considered for transfer to the LA under reg.5.
Canal operation HSE  
Car parks HSE LA for car parking facilities within the perimeter of an airport (Sch  para 4)
and were the car park belonging to premises where the enforcing authority is the LA.
Car/vehicle hire LA Main activity likely to be 'office activities'. See 'motor vehicle repair' for alternative scenarios.
Car wash/hand car wash/valet services  HSE Includes activity provide as an additional service within a car park, unless LA is EA (see car parks)
LA Where the activity is provided by LA enforced business. E.g. supermarket owned/controlled car wash located in supermarket car park
Activities which are ancillary to, and support, the sale of vehicles. There will likely be a contractor/dealership relationship in place with the dealership instigating the work activity
Cash and carry LA  
Catering services LA Where catering services are provided in part of the premises separately occupied by a separate occupier these will be separate premises allocated to LAs, unless they are in premises occupied by the specific bodies covered by reg.4(3) when HSE will be responsible for such activities. (reg.4.(2)).
Premises providing 'In-flight catering' will be LA-enforced where such activities are the main activity of an undertaking at premises.
Where catering is a minor activity carried on by the same occupier it will be inspected by the authority responsible for the premises as a whole, eg factory canteen incidental to a manufacturing activities for HSE.
Cattle/Livestock markets HSE Enforcement responsibility for 'the management of livestock up to the point of slaughter or export from Great Britain' is allocated to HSE by virtue of the definition of 'agricultural activities' in reg.2 and the provisions of Sch 2 para 7. This activity would include anything that is done in relation to livestock at a market.
Note 'livestock' does not include horses (except for the purpose of an agricultural activity eg ploughing).
Caves (exhibition of cave to the public) HSE (Sch 1 para 9).   See Outdoor Leisure Activities if minors involved
Child care, creches, playgroup, nursery facilities and after school clubs LA In non-domestic premises that are not part of a school and are independently run. (Sch 1 para 15).
HSE Where provided in (or on) school premises under control of education authority or LA.
HSE Note: It is recognised that some pre-school child care premises offer an element of education. It is helpful to consider the provision of compulsory education as a guiding principle for premises where this occurs to determine who the correct enforcing authority is; compulsory education begins in the term after a child reaches 5 years of age.
Chiropody LA Except when provided in a domestic premises OR under the supervision or control of a medical practitioner
Cinemas LA  For pop-up cinemas, HSE where LA controlled venue e.g. local park, beach
Circuses LA  
Cleaning contractors HSE/LA Enforcing authority depends on the main activity carried out at the premises.
Clubs LA Arts, sports, games, entertainment or other cultural or recreational activities.
Includes brownies/guides, cubs/scouts and cadets
Note: Where there is no employment there should be no intervention by an EA. However there may be duties under HSWA S4 for those in control of non-domestic premises where these activities may take place.
Colleges HSE The colleges of collegiate universities such as Oxford or Cambridge, are considered to fall to HSE as the main activity is education despite there also being a large element of residential accommodation.
Common parts - domestic premises HSE (Reg.3(1)). Such premises will include lobby areas and common staircases of blocks of flats.(Note: only relates to common parts of 'domestic property' so it does not affect LA enforcement in hotels, guest houses and hostels etc).
Computer software production LA  
Concert venues (not LA-owned) LA HSE for build and dismantling of temporary structures eg stage/rigging of lighting under CDM Regs. 
HSE if venue is LA owned or LA have close organisational control of the event.
Construction HSE A building or construction site, ie premises where the only activities being undertaken are construction work and activities for the purposes of or in connection with such work. 
The following activities carried on in any premises by persons who do not normally work in the premises, Health and Safety (Enforcing Authority)  Regulations Sch 2 para 4(a)(i-iii), as follows:
(i)    All notifiable construction projects. CDM Regs 2015 defines a project as being notifiable if the construction phase is likely to involve more than 30 days or more than 500 person days of construction work
(ii)   Where the whole or part of the work to be undertaken by the contractor at the premises is to the external fabric or other external part of a building or structure.
(iii) Where the construction work is carried out in a physically segregated area of the premises, the activities normally carried out in that area have been suspended for the purpose of enabling the construction work to be carried out, the contractor has authority to exclude from that area persons who are not attending in connection with the carrying out of the work and the work is not the maintenance of insulation on pipes, boilers or other parts of heating or water systems or its removal from them.
LA Non-notifiable construction work which is entirely internal to the building and which is not separated off from the normal operations of the premises where the LA is the enforcing authority for that class of premises.
Where the only work carried out in a segregated area of LA- enforced premises is the removal or maintenance of insulation on heating or water systems.
Consumer services (provided in a shop) LA Except when dry cleaning or radio and television repairs are the main activity (Sch 1 para 6). Where consumer service is not provided in a shop default to HSE.
HSE where the main activity is services to the Trade rather than the public consumer.
Cosmetic services LA eg Botox - except where they are carried out under the supervision or control of a registered medical practitioner, a dentist, physiotherapist, osteopath or chiropractor which fall to HSE. (see also Beauty treatments).
HSE Cosmetic procedures undertaken by mobile practitioners in domestic premises ie clients homes – EA would be HSE, but the LA may consider intervention via Public Health legislation.  
Council premises HSE Premises occupied by the council itself, including any part occupied by other persons for the purpose of providing services at the premises for the specified body.
LA/HSE Separate council-owned premises sublet to others will depend on the main activity carried out within those premises, eg LA would enforce within shops in council-owned shopping mall or sports centre with HSE responsible for enforcing any duties on the LA.
Council activities, ie county council other local authority, parish council or a community council, unitary authority. HSE For the activities of these bodies and those of their officers or employees wherever they happen to work, eg an LA refuse collection activity at supermarket premises for which the LA is the enforcing authority. HSE will also enforce for common parts of multi-occupied premises for which the bodies have duties under the relevant statutory provisions but which may not be occupied by that body, eg common parts of LA-owned market. Separate occupiers in the market will be enforced by the LA.
Courier services, distribution and sortation centres – also see Warehouses section HSE Pick-up, transport and delivery of letter and mail-type parcels and packages by firms other than national post.
Depots rather than warehouses where parcels come in, are sorted, and shipped out. Fast turn-round rather than storage over time.
Courts HSE Crown and Magistrates' Courts, HM Coroners' Courts and Scottish Courts including High courts, sheriff courts and justice of the peace courts
Crematoria HSE  
Crown premises and activities other than HSE HSE Including that part of the premises occupied by other persons for the purpose of providing services at the premises for the specified body. (Reg.4).
Data storage warehousing HSE HSE enforced since storage is not for retail or wholesale distribution.
Day centres for people requiring care for chronic health conditions HSE LA if they provide non-nursing residential accommodation.
Defence activities including Air Force (including Royal Auxiliary Air Force), Army (including Army Reserve) and Navy (Incl RNVR) HSE  
Delivery drivers HSE Unless work activity on LA-enforced premises. Includes milk/paper deliveries etc.
Dentists/cosmetic dentistry/dental laboratories HSE  
Distilleries HSE  
LA Micro breweries/distilleries within pubs and restaurants where this is ancillary to the main activity.
Dock premises HSE  
LA Some 'docks' may have activities carried on within them which would normally fall to the LAs, eg pubs, shops, clubs, warehouses or offices. The LA will be the enforcing authority for such activities provided they are not carried out within 'dock premises' as defined.
Doctors' surgeries HSE  
Dog grooming parlours LA  
Domestic premises (where work activity is undertaken) HSE Where activity is carried out within a domestic home.
LA/HSE Sch 3 - If there is separate access/egress  to a dedicated room or out-building (such as a converted garage or summer house) allocation is made depending on main activity
Electricity systems HSE/LA The installation, maintenance or repair of the consumer's installation, up to the output terminals of the supply meter, will fall to the enforcing authority for those premises.
HSE Work on the electricity supplier's side of the output terminals of the supply meter in any premises. Sch 2 para 4(c). Reg.2(1) (definition of 'electricity system').
Emergency services/first responders (including police, fire service, ambulance and coastguard HSE  
Entertainment/Competitions/Sporting - large events eg Commonwealth Games, Eurovision Song Contest
Large events will often have a dedicated Safety Advisory Group (SAG) where a cross-regulatory approach is agreed during the event planning stage.		 HSE Where LAs have a close organisational control, either directly or via a consortium, and no SAG is in place then enforcement will fall to HSE
Schedule 2 activities in premises, eg fairgrounds, broadcasting, recording, filming, and any activity at an agricultural show which involves the handling of livestock or the working of agricultural equipment.
Building and dismantling of temporary structures under CDM Regs, e.g. temporary stages or seating
LA General running of the event once ‘open’
Estate agents offices LA HSE when working outside of the office and not in LA-enforced premises. For example escorting viewings in a domestic premises
Exhibitions and exhibition centres LA Where the main activity is the display or demonstration of goods for the purpose of offer or advertisement for sale. (Sch 1 para 2).
Factories/manufacturing HSE  
Fairgrounds
‘Fairground’ means such part of premises as is for the time being used wholly or mainly for the operation of fairground equipment, other than a coin-operated ride, non-powered children's playground equipment, swimming pool slide, go-kart, or plant to be used by members of the public for entertainment purposes for bouncing upon. (Reg.2(1)(b)).
‘Fairground equipment’ means any fairground ride, any similar plant which is designed to be in motion for entertainment purposes with members of the public on or inside it or any plant which is designed to be used by members of the public for entertainment purposes either as a slide or for bouncing upon, and in this definition the reference to plant which is designed to be in motion with members of the public on or inside it includes a reference to swings, dodgems and other plant which is designed to be in motion wholly or partly under the control of, or to be put in motion by, a member of the public". (HSW Act s.53, as amended by the Consumer Protection Act 1987).		 LA Coin operated rides includes traditional children's rides outside shops as well as larger unmanned devices for adults eg. VR simulators
Bouncy castles at pubs, hotels and other LA-enforced premises
HSE Independent go-kart tracks.
Street fairs.
Fairgrounds and amusement parks.
Fairgrounds forming a discrete part of premises otherwise allocated to LA, eg holiday camps or motor sport event.
A tethered passenger balloon should be treated as 'fairground equipment'.
Film and video broadcasting, recording or filming activities HSE Such activity in any premises occupied by a radio, television or film undertaking. (Sch 2 para 3).
Fire Authority premises activities HSE Reg.4(3)(e) including any part occupied by other persons for the purpose of providing services at the premises for the specified body.
Fish breeding (except zoos) HSE (Sch 2 para 10). Includes 'fish farming'.
Fishing LA Recreational activity on inland waters.
Fishing vessels - loading and unloading HSE HSE is the EA in general, but check MOU/OWA for exceptions . These can be accessed here: https://www.gov.uk/government/publications/memorandum-of-understanding-between-hse-mca-and-maib
Forestry work HSE  
Furniture storage/removal HSE  
Game breeding HSE LA when carried out in a zoo.
Garages HSE/LA see 'motor vehicle repair'
Garden centres LA Note: The interpretation of 'agricultural activities' does not include such activities at a garden centre or other shop. (Reg.2 (1)(b)).
Gas systems HSE The installation, maintenance or repair of any gas system, or any work in relation to a gas fitting carried on at any premises by persons who do not normally work in the premises. (Sch 2 para 4(b)).
LA Where the above work is carried out by a person who normally works at a premises allocated to the LA..
Gas, natural or town-gas HSE Where the main activity is the sale or storage. (Sch 1 para 1(c)).
Golf clubs/courses LA HSE where LA owned.
Gig economy, agency and temporary workers LA/HSE typically covers short-term, informal working relationships where work is generally on-demand, obtained through an online platform/employment agency and delivered on a task-by-task basis.
Enforcement responsibility will be decided on ‘main activity’ principles.
Go-karting/pro-karting LA HSE at fairground.
Government offices and departments HSE LA for HSE offices.
Graveyards HSE Where the premises is separate from the church or is an LA- administered graveyard attached to a church.
LA Where attached to and administered by a church.
Hairdressers/barbers LA HSE if mobile in domestic premises.
Health clubs/Gyms/Fitness centres/yoga studios LA HSE if LA owned and managed.
Health and Safety Executive offices LA HSE would be responsible for enforcement at the laboratories carrying out work for them.
Hire company LA HSE if main activity is hire to the trade.
Holiday activities in schools HSE  
Holiday camp LA Except that any fairground in a holiday camp will fall to HSE.
Home workers, includes those who are hybrid workers  HSE Working from home using a repurposed, or multi use of an existing room, with no separate access.
LA Sch 3 - Work is carried out in a dedicated area which has separate access/ egress from house where the activities would fall within Schedule 1, eg 'office activities'.
Horse breeding and training HSE See also 'riding stables'.
Horticulture HSE LA when activities are carried out in garden centre or other shop. Reg.2 (1)(a) and (b).
Hospitals HSE/LA HSE for Hospital work activities as part of provision of healthcare
LA for shops and cafes that operate independently within Hospital premises
Hunting and related activities LA by virtue of Schedule 1, Para 9 of the EA Regs which identifies ‘the practice or presentation of the arts, sports, games, entertainment or other cultural or recreational activities
HSE Where hunting activity is being undertaken as a small part of a wider business, such as a farm estate, that is enforced by HSE
LA/HSE Kennels operated by a hunt will fall to the LA as 'accommodation of animals' (Sch 1 para 11) unless they are a minor activity within a larger undertaking such as a farm estate in which case enforcement would fall to HSE
Immigration detention centres – see asylum seekers entry also HSE  
Ionising radiations, eg X-ray, industrial radiography LA Work with ionising radiations carried on in LA-enforced premises by the staff who normally work there, together with contractors work in such premises on equipment excepted above.
HSE Work with ionising radiation carried out on any premises by persons who do not normally work in the premises.
The use of ionising radiations for medical exposure 'as defined in IRR 1999'.
'Medical exposure' is defined in the Ionising Radiations Regulations 1999 as the purpose of his medical or dental examination or treatment which is conducted under the direction of a suitably qualified person and includes any such examination or treatment conducted for the purpose of research.
Any activity in premises occupied by a radiography undertaking in which there is carried on any work with ionising radiations. Sch. 2 para 6.
Where radioactive sources or electrical radiation generators for industrial radiography are used or stored but which otherwise may fall to LAs under Schedule 1, eg because the main activity of the premises may be an office.
Laboratories HSE Where this is the main activity on the premises.
Laser shows LA  
Laundries and dry cleaning HSE A dry-cleaning business within a supermarket is likely to be a concessions.  HSE would be the enforcing authority for this dry- cleaning activity (except coin operated) as those staff would be employed by an independent company
LA Including coin-operated dry cleaning.
Leisure/cultural activities LA Schedule 1 para 9 allocates a wide range of premises to LAs for example sports facilities, cinemas, circuses, racecourses, riding schools etc. Cultural activities will include non- educational pursuits such as dance schools, other than those attached to schools.
HSE Where the main purpose of the premises is educational or vocational training similar to that provided in the mainstream educational system, such premises will remain with HSE including their evening use for leisure purposes. If the premises is owned by LA then HSE. Also see LAC 22/10.
HSE Many leisure activities may take place on farms. If that activity is set up and managed by the farm occupier enforcement sits with HSE.
Marinas LA/HSE LA unless boat building/repair or the premises is a dock.
Massage parlours LA  
Metal stockholders LA Metal stockholders will normally fall to the LA in terms of the sale or storage of goods for retail or wholesale distribution.
Miniature railways (gauge less than 350mm) HSE  
Mine HSE Any activity in a mine. ( Sch 2 para 1).
Mobile vendors LA While a vehicle is parked in connection with the sale from it of food, drink or other articles the vehicle together with its pitch shall be regarded as separate premises and the LA will be the enforcing authority. (Reg.3(3)).
Mobile workshops HSE  
Motor sports ie. Stock car racing and Motocross LA  
Motor vehicle repair
1. Repair and maintenance of motor vehicles only. HSE Garage and workshop premises involved solely in the repair, maintenance or modification of vehicles. They will undertake a wide range of mechanical and/or body repair work.
2. Breakdown recovery operations HSE Roadside emergency repair and recovery operations operated either by garages or national specialist organisations such as the AA and RAC. Also includes roadside fitting of windscreens and tyres.
3. Mobile mechanics HSE Servicing, repairs and tuning offered to the public and carried out usually on or outside domestic premises by mechanics with no fixed workshop facilities and operating from the back of a van.
4. Sites with both repair and sales activities HSE Workshop facilities offering a full range of mechanical and/or body maintenance and repair. Workshop building(s) may be separate from showroom(s) or parts department(s), but within the same curtilage or may be parts of the same building(s).  
LA Sites or premises engaged in the sale of vehicles with minor workshop facilities used mainly in support of retail sales. Activities would typically involve pre-sales servicing, minor repairs, and adjustments, and valeting. Such facilities would not offer the full range of repairs and maintenance and will not offer body repairs or modifications.
5. Repair and maintenance of vehicles in support of other businesses, where LAs are enforcing authorities for these other businesses. LA Some businesses including offices, warehouses etc. have some facilities for the repair and maintenance of their own vehicles. Similarly, vehicle hire companies may have limited repair and maintenance facilities. These activities are usually in support of a different main activity and are not the repair and maintenance of vehicles in their own right.
6. Motor car tyre, exhaust, windscreen and related services. LA Where these are the main activity they are deemed to be the sale of goods by nature of the Regulations Schedule 1. Other similar activities includes the fitting of tow-bars, car radios or alarms or sunroofs.
Motor vehicle sales LA Sites or premises engaged solely in the sale of vehicles, with no workshop facilities.
1. Preparation for sale LA Premises used solely for preparation of new vehicles for sale, including pre-delivery inspection (PDI) work. May be done by main dealers or by contractors.
2. The retail sale of parts and accessories with attached workshops. LA These premises will normally be obvious major retail premises to which the public has access, but which may also offer the repair and maintenance of vehicles. These premises are more likely to offer 'menu servicing', but where a wider range of motor vehicle mechanical repair and maintenance is offered HSE will become the EA.
Specialist tyre fitters HSE Businesses specialising in fitting commercial, industrial or agricultural vehicle tyres.
National Post Activities
1. Post Offices LA  
2. Sorting Offices HSE Includes letter and parcel sorting
3. Pick-up, transport and delivery of mail and parcels. HSE Except road traffic accidents (police) or accidents on LA-enforced premises (LA).
National trust LA HSE for agricultural activities.
Night clubs LA  
Nursing homes HSE See 'accommodation'
Offshore installations HSE  
Office activities LA Where the main activity is an office activity.
HSE for LA, Crown premises, offices within premises where HSE is the enforcing authority.
Opticians LA High Street chains. Will fall to HSE if provision is by a registered medical professional – e.g. Opthalmic services in medical establishment
Outdoor Leisure Activities LA The Adventure Activities Licensing Regulations and the Adventure Activities (Enforcing Authority and Licensing Amendment) Regulations 1996 may also apply when provision is to under 18s in return for payment.
Pawnbrokers LA  
Parachuting LA/HSE/CAA A demarcation of responsibility has been agreed between HSE and the Civil Aviation Authority (CAA) for safety of non-employees, including the public, involved with or affected by parachuting.
Air worthiness of aircraft
LA Parachuting undertaken as a leisure activity
HSE Parachuting undertaken as part of a work activity eg MOD training, stunts as part of film production etc
Peripatetic workers HSE LA enforcement responsibility extends only to HSW matters relevant to the premises where they are the enforcing authority. They have no locus to discuss peripatetic work except such work that is carried out within the premises enforced by that LA.
Pesticides HSE/LA Fall to respective enforcing authority for premises.
LAs enforce Food and Environment Protection Act 1985/Control of Pesticides Regulations 1986 in respect of the use of pesticides in domestic premises.
Pet shops LA  
Petrol stations Petroleum Enforcing Authorities They are the regulator for the Petroleum (Consolidation) Regulations 2014 (PCR) and the Dangerous Substances and Explosive Atmosphere Regulations 2002 in so far as they apply to any activity—
(i) at a retail petrol filling station relating to fuelling motor vehicles, ships with vehicle fuel or aircraft with petrol; or
(ii) at a non-retail petrol filling station relating to fuelling motor vehicles, ships or aircraft with petrol.
LA Local authorities enforce health and safety law other than the above at retail petrol filling stations.
HSE/LA At non-retail petrol filling stations, health and safety law other than the above will be enforced by the relevant enforcing authority for the main activity at that site.
Pipelines HSE Any activity in relation to a pipeline within the meaning of the Pipelines Safety Regulations 1996 reg.3.
Police Stations/ Local Policing Body premises and activities HSE Reg.4(3)(d) including any other part of premises occupied by other persons for the purpose of provided services at the premises for the specified body.
Pony trekking (Also see Riding Stables) LA  
Prisons HSE  
Probation services HSE Probation offices in courthouses unless exclusively for probation service. Probation and probationary workshops and probation home visits and probationary service.
LA Probation offices away from court-houses. Probation hostels and probationary accommodation.  
Public houses/bars/inns LA  
Quarry HSE Any activity in a quarry other than a quarry in respect of which notice of abandonment has been given under the Mines and Quarries Act 1954 s.139(2). (Sch 2 para 1).
LA for unfenced quarry edges using Mines and Quarries Act 1954, Section 151. Section 151 (1)(c)
Racecourses LA  
Radio broadcasting HSE  
Radio and television repair HSE Where this is the main activity. (Sch 1 para 6).
Railway operation (or tramway) ORR The Memorandum of Understanding ( MoU ) between HSE and ORR   sets out the demarcations between HSE, ORR and LA's. Separate guidance to support the MOU provides more detailed explanations about the areas of responsibility, including any Agency  Agreements. 
LA LAs are responsible for parts of railway 'operational premises ' ( Eg stations ) separately occupied for the carrying on of any trade, business or undertaking other than for the purposes of the system, including shops, offices or premises used for the provision of catering services or temporary residential accommodation;
Recreational activities (not fairground) LA Includes adventure park type leisure activities, eg zip slides, high ropes etc.
Religious activities LA Premises where the main activity is all forms of religious worship,
Removal companies HSE  
Residential care homes   See 'accommodation'.
Retail  LA Individual retail premises within the retail park
Parking areas within the retail park boundary
Mobile/Street vendors for example market stalls, catering vans etc. Reg 3(3)
HSE/LA HSE for common areas of retail park when owned and managed by the LA
LA for common areas of retail park if management responsibility lies with an independent company despite the land/park being owned by the LA.
Riding stables and livery yards including provision of riding lessons LA HSE where the main activity is horse breeding or horse training.
Schools HSE See 'education'
Scrap metal yards HSE  
Self-Storage HSE Since storage is not for retail or wholesale distribution.
Security guards HSE/LA Falls to respective enforcing authority for premises concerned. If they are in transit between premises HSE.
Separate occupancies within one location  HSE/LA Regulation 3(2) provides for each part of non-domestic premises separately occupied by a different occupier to be separately allocated according to the main activity of that separate occupancy.
Separate parts of a building occupied by the same firm, eg a factory in one part with its office in another, do not have different occupiers and hence will not be separately allocated.
Sewage and by-products HSE Where the main activity is the sale or storage. (Sch 1 para 1(c)).
Shooting activities LA Firing ranges, clay pigeon shooting, game shooting etc
HSE Where the shoot is held as an extension of the primary activity of agriculture, and isn’t run as a separate business entity
Shops LA Includes consumer services in shop premises but not dry cleaning or radio/television repair. (Sch 1 para 6).
Ski slopes HSE Any activity in relation to a ski slope, ski lift, ski tow or cable car. (Sch 2 para 9).
Skin piercing LA HSE where carried out in domestic premises.
Spa - provision of sauna, steam room, cold water immersion pools etc. LA  
Spaceports HSE Horizontal spaceport – an existing airport / aerodrome where the space vessel (‘rocket’) is attached to a carrier aircraft which takes off conventionally from a runway
Vertical spaceport – a bespoke launch pad constructed at remote
CAA for all aspects related to the flight
Sports stadiums - including use for events and music concerts LA HSE if stadium is LA owned or LA have close organisational control of the event.
HSE for the building and dismantling of temporary structures under CDM Regs, e.g. temporary stages or seating.
Steel stockholders LA  
Street carnivals/parties 
(Those organised by local residents etc on a voluntary basis will be outside the scope of HSW Act.)		 LA Where the event does involve a work activity then the main activity will almost always be leisure and recreation. Events taking place in 'closed street' may be considered to be under separate occupancy and will fall to the LA.
HSE Events taking place on open streets more generally will be reserved to HSE.
Where LAs have a close organisational control, either directly or via a consortium, enforcement will fall to HSE
HSE will be responsible for any reserved activities, eg fairground rides, broadcasting, and the activities of the emergency services. In addition, if the employer of those working at the event is the LA itself then HSE would enforce. 
Substance or preparation dangerous for supply HSE Where the main activity is the sale or storage for wholesale distribution of any substance or preparation dangerous for supply. (Sch 1 para 1(b)).
Tanning salons LA  
Tattooing LA In LA-enforced premises.
HSE Where treatments are provided in a domestic premises either:
by mobile practitioners in domestic premises ie clients homes or
in practitioners own home which does not have separate access/egress to treatment area ie. a room within the domestic dwelling accessed via domestic dwelling entrance/exit.
Taxi services – includes Hackney Carriage and Private Hire Vehicles LA Office activities.
Primary legislation likely to be Road Traffic Act 1988 enforced by the police for 'on the road matters'.  
HSE for other peripatetic activities
Telecommunication circuits within building HSE/LA LA will be the enforcing authority for all work relating to telecommunications in LA-enforced premises.
Telecommunication masts on roof tops HSE Are usually owned and operated by persons remote from building as a separate business in what amounts to separate premises on the roof top and therefore do not form part of the common services or facilities referred to in the definition of 'common parts'.
Telecommunication masts owned and operated by occupiers of building are usually confined to police and fire brigade HQs, Radio/TV stations for which HSE is the enforcing authority.
Theatres LA Theatres with technically advanced stage equipment may be considered for transfer to HSE under reg.5 as CDM Regs may apply.
Technically advanced stage equipment will be more than a single item and may have gearing or controls for movement or some such action and has an aspect of assembly of its constituent parts.
Therapeutic treatment LA HSE where they are carried out in a domestic premises or under the supervision or control of a registered medical practitioner, or dentist, a physiotherapist, an osteopath or a chiropractor which fall to HSE. (Sch 1 para 8).
Timber merchants LA  
Truck stops/Lorry Parks with the  provision of toilet/restroom facilities LA Where no service provision, these provide a rest stop and HSWA will not apply as no work activity
TV repairs HSE Where this is the main activity.
Undertakers/funeral directors LA HSE where embalming or the manufacture of coffins is the main activity.
Warehouses
1. Wholesale and retail warehouses LA Including warehouses which are part of a business of a transport undertaking. Deciding main activity at some transport company premises can be difficult. Where the premises are used as a vehicle garage and general haulage depot the main activity is unlikely to be storage for wholesale or retail purposes and HSE will enforce.
2. Fulfilment Centres (Online shopping orders) LA warehouses where items are stored, picked, packed and shipped
3. Freight forwarding HSE/LA Dependent on whether the main activity where the goods are handled is storage so as to fall within Schedule 1 para 1. 
4. (sea freight forwarders and air cargo agents)  
5. Parcel carriers whose business extends beyond those of a courier activity HSE/LA Some specialist carriers of non-mail type parcels and packages, may be closely allied to the wholesale/retail industry. The LA would be the EA if the main activity at the premises was to fall within Sch 1 para1.
  HSE Some courier/parcel carrier activities may be subject to Carriage of Dangerous Goods by Road Regulations 1996.
6. Transport depot HSE Where the main activity does not fall to the LA by virtue of Sch 1 para 1.
7. Manufacturers' warehouses HSE Part finished/finished goods in warehouse operated by manufacturer within curtilage of manufacturing premises.
LA Finished goods in off-site warehouse controlled by manufacture, where main activity is the storage of these goods pending their distribution.
8.Bonded warehouse HSE  
9. Container depots HSE Where the main activity is the storage of goods in the course of transit to or from dock premises, an airport or a railway. Sch 1 para 1(a).
10. Warehouses containing dangerous substances HSE Where the main activity is the sale or storage for wholesale distribution of any substance or preparation dangerous for supply, Sch 1 para 1(b).
Water HSE Where the main activity is the sale or storage of water or water treatment. Sch 1 para 1(c).
Window cleaners LA/HSE Dependent on the enforcing authority for the premises.
See also 'peripatetic activities'.
Windscreen - sales and fitting LA Where the main activity carried on in premises is the sale or fitting of motor car windscreens. (Sch 1 para 1).
Wind/solarfarms and associated Battery Storage Farm HSE Where the main activity of the site is electricity generation  that directly feeds the electricity grid or is battery stored for later use.
Single wind turbines for production of electricity  for individual premises
LA/HSE Single or multiple wind turbines that are ancillary to and supporting the main activity of a site will fall to the enforcing authority responsible for the site's main activity
Zoos LA (Sch 1 para 11).

 

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Updated 2024-05-15