Enforcement allocation

The Health and Safety (Enforcing Authority) Regulations 1998 (EA Regulations) allocate the enforcement of health and safety legislation at different premises between LAs and HSE.

Allocation is based on the main activity carried on at the premises. In general, LAs are the main enforcing authority in retail, wholesale distribution, warehousing, hotel and catering premises, offices, and the consumer/leisure industries. Further guidance on enforcement allocation can be found in the operational guidance Health and Safety (Enforcing Authority) Regulations 1998: A-Z guide to allocation.

For some businesses the main activity is less clear-cut and HSE and the LA will agree and assign the appropriate enforcement responsibility locally.

LAs also enforce other primary legislation relating to pesticides (Food and Environment Protection Act 1985) on a similar basis, as well as storage of explosives and petroleum licensing. The latter aspects are also enforced by Fire Authorities and Trading Standards departments.