Introduction to Health and Safety at Work

17.8.9 Civil liability – Regulation 45
The Management Regulations (Management of Health 
and Safety at Work Regulations 1999) were amended 
in 2003 to provide employees with a right of action in 
civil proceedings, in relation to breach of duties by their 
employer. To maintain consistency CDM2007 carries for-
ward with three small exceptions, the rights of civil action 
in CDM and CHSW and also allows employees to take 
action in the civil courts for injuries resulting from a fail-
ure to comply with duties under these Regulations.
17.8.10 Enforcement
General
The enforcement demarcation between HSE and Local 
Authorities (LAs) in respect of construction work is 
Introduction to Health and Safety at Work
336

---

currently set out in the Health and Safety (Enforcing 
Authority) Regulations 1998, and in Regulations 3 (4) and 
22 of CDM94. Interpretation of these requirements is not 
straightforward, but the practical effect is that LAs were 
prevented from enforcing CDM.
The HSC wished to simplify this by omitting Regula-
tions 3 (4) and 22 from CDM2007.
The effect of this that under CDM2007 HSE would 
then be the enforcing authority for:
➤
all 
notifi able construction work, except that under-
taken by people in LA–enforced premises who nor-
mally work on the premises
➤
work done to the exterior of the premises, and
➤
work done in segregated areas.
Enforcement in respect of fi re – Regulation 46
This regulation of CDM2007 is given in full.
46
.
(1) Subject to paragraphs (2) and (3):
(a) 
in England and Wales the enforcing authority 
within the meaning of article 25 of the Regula-
tory Reform (Fire Safety) Order 2005
(a)
; or
(b) 
in Scotland the enforcing authority within the 
meaning of section 61 of the Fire (Scotland) Act 
2005
(b)
, 
shall be the enforcing authority in respect of a construc-
tion site which is contained within, or forms part of, 
premises which are occupied by persons other than 
those carrying out the construction work or any activ-
ity arising from such work as regards regulations 39 
and 40, in so far as those regulations relate to fi re, and 
regulation 41.
(2) In England and Wales paragraph (1) only applies in 
respect of premises to which the Regulatory Reform 
(Fire Safety) Order 2005 applies.
(3) In Scotland paragraph (1) only applies in respect of 
premises to which Part 3 of the Fire (Scotland) Act 
2005 applies
(c)
.