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129: Proceedings for alleged contravention
or “Legal protection when you make and keep promises about safety breaches”
You could also call this:

“Explaining key terms for appealing health and safety decisions”

This part of the law explains some important words and their meanings. You need to know these to understand the rules about appealing decisions.

An ‘appealable decision’ is a decision you can challenge. It can be:

  • A decision that’s already been reviewed internally, and the regulator has made a choice about it.
  • When the regulator decides to give out a notice, change a notice, or cancel it.
  • When the regulator gives more time to follow an improvement notice.
  • When the regulator pauses a decision to give out a notice.
  • Any other type of decision that the rules say you can appeal.

An ‘eligible person’ is someone affected by a decision that can be appealed or reviewed. It can also be someone speaking for that person.

A ‘reviewable decision’ is a decision made by an inspector. This could be:

  • Giving out a notice under this law.
  • Giving more time to follow an improvement notice.
  • Making a decision about a provisional improvement notice under section 81.
  • Any other type of decision that the rules say can be reviewed.

These definitions help you understand who can challenge decisions and what kinds of decisions can be challenged in the Health and Safety at Work Act 2015.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 131: Application for internal review

or “How to ask for a decision to be reviewed”
Next

Part 4 Enforcement and other matters
Reviews and appeals

130Interpretation

  1. In this subpart, unless the context otherwise requires,—

    appealable decision means any of the following:

    1. a reviewable decision, but only if that decision has been subject to internal review and the regulator has made a decision on the review:
      1. a decision made by the regulator to issue a notice (including a subsequent notice):
        1. a decision made by the regulator to cancel or vary a notice:
          1. a decision made by the regulator to extend the time to comply with an improvement notice:
            1. a decision made by the regulator to stay the operation of a decision to issue a notice:
              1. a decision made by the regulator of a type prescribed by regulations for the purposes of this section

                eligible person, in relation to an appealable decision or a reviewable decision, means a person affected by the decision or that person's representative

                  reviewable decision means a decision made by an inspector—

                  1. to issue a notice (including a subsequent notice) under this Act; or
                    1. to extend the time to comply with an improvement notice; or
                      1. in respect of a provisional improvement notice under section 81; or
                        1. of a type prescribed by regulations for the purposes of this section.