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147: Extension of time if regulator needs longer to decide whether to bring prosecution
or “Regulator can ask court for more time to decide on charges”
You could also call this:

“Time limits for non-regulators to start legal action for health and safety offences”

If you’re not the regulator and you want to start legal proceedings for an offence under the Health and Safety at Work Act 2015, you have different time limits to do so. You can start proceedings within the latest of these time periods:

You have 2 years from when the regulator first knew or should have known about the incident, situation, or circumstances related to the offence.

If there’s been a coroner’s inquiry, you have 6 months after the coroner signs their findings, if those findings show that an offence under this Act might have happened.

If the regulator was given extra time to start proceedings, you have 3 months after that extra time ends.

If someone made a promise (called an enforceable undertaking) about the offence, you have 6 months from when:

  • The promise is broken, or
  • The regulator finds out the promise was broken, or
  • The regulator agrees to let the person take back their promise.

These time limits are different from the usual ones in the Criminal Procedure Act 2011.

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Next up: 149: Certain proceedings may be brought after end of limitation period if fresh evidence discovered

or “New evidence can allow certain legal cases after normal deadlines”
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Part 4 Enforcement and other matters
Criminal proceedings: Limitation periods for prosecutions

148Limitation period for private prosecutions

  1. Despite section 25 of the Criminal Procedure Act 2011, proceedings for an offence against this Act may be brought by a person other than the regulator within the latest of the following periods to occur:

  2. within 2 years after the date on which the incident, situation, or set of circumstances to which the offence relates first became known, or ought reasonably to have become known, to the regulator:
    1. within 6 months after the date on which a coroner completes and signs a certificate of findings under section 94 of the Coroners Act 2006 if it appears from the certificate of findings (or the proceedings of an inquiry) that an offence has been committed under this Act:
      1. within 3 months after the date of expiry of any extension granted to the regulator under section 147(2):
        1. if an enforceable undertaking has been given in relation to the offence, within 6 months after—
          1. the enforceable undertaking is contravened; or
            1. it comes to the notice of the regulator that the enforceable undertaking has been contravened; or
              1. the regulator has agreed under section 128 to the withdrawal of the enforceable undertaking.