The act enables a broad regime of regulation by government ministers through statutory instruments which has, in the years since 1974, generated an extensive system of specific provisions for various industries, disciplines and risks.

As a result, a committee of inquiry chaired by Lord Robens was established towards the end of Harold Wilson's first government.

The Conservative Party then came to power following the 1970 United Kingdom general election, preferring to wait for the Robens Report which was published in 1972.

The act lays down general principles for the management of health and safety at work, enabling the creation of specific requirements through regulations enacted as statutory instruments or through a code of practice.

[7] Further important changes to section 6, duties in respect of articles and substances used at work, were made by the Consumer Protection Act 1987 in order to implement the Product Liability Directive 85/374/EEC.

Section 3(2) requires that some self-employed persons conduct their undertaking in a way which does not expose non-employees - or themselves - to risks to their health and safety, so far as is reasonably practicable.

This duty applies only to self-employed persons who conduct undertakings of a "prescribed description" (as defined by regulation 2 of The Health and Safety at Work etc.

Section 6 was extended by the Consumer Protection Act 1987 to cover fairground equipment and its use by persons at work and enjoyment by members of the public.

[12] Finance companies who supply articles or substances by way of hire purchase or credit agreement have no duties under section 6 (s.6(9)).

The prosecution have the burden of showing beyond reasonable doubt that certain acts were done or omitted to provide a prima facie case against the accused.

[15] The Court of Appeal held in 2002 that this requirement was compliant with article 6(2) of the European Convention on Human Rights (ECHR) as to presumption of innocence.

The Court of Appeal noted that the "reverse burden" applied to purely regulatory breaches, rather than genuine criminal offences potentially punishable by imprisonment.

Before it was passed, the Department for Work and Pensions expressed the opinion that this is still compliant with the ECHR as it "strikes a fair balance between the fundamental right of the individual and the general interests of the community".

[17] In 2005, the European Commission challenged the defence as noncompliant with Directive 89/391/EEC, which states that (Art.5(1) and (4)): "The employer shall have a duty to ensure the safety and health of workers in every aspect related to the work."

[18] Section 6(10) was added by the Consumer Protection Act 1987[19] disapplies duties as to articles and substances used at work where a risk "is shown to be one the occurrence of which could not reasonably be foreseen".

Before the 2008 merger, the executive had to carry out all functions delegated to it, or otherwise directed by, the commission and provide the Secretary of State with information and expert advice (section 11(5)).

The executive is responsible for enforcement of the act and regulations made under it though the Secretary of State may transfer some of the duties to local government (section 18).

However, the HSE may also delegate its functions to local government under section 18, which allows for a more decentralised and targeted approach to regulation.

Enforcing authorities may indemnify the inspector against any civil litigation if he has acted in the honest belief that he was within his powers (section 26).

Local government bodies who may be enforcing authorities are:[24] Local government bodies can be enforcing authorities in respect of several workplaces and activities including offices, shops, retail and wholesale distribution, hotel and catering establishments, petrol filling stations, residential care homes and the leisure industry.

However, the appellant may make an application for a direction that the Prohibition Notice is suspended whilst the appeal proceedings are ongoing [30](see section 24(3)(b)).

Section 33(1) creates 15 criminal offences including breach of a duty under the Act or a regulation, contravention of a notice, or obstructing an inspector.

[37] Section 84(3) allowed the Secretary of State to extend, by Order in Council, the provisions outside England, Wales and Scotland.