Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

HSWA definition

What does HSWA mean? Shorthand for the Health and Safety at Work etc. Act 1974, the principal occupational health and safety statute in Great Britain. In practice, lawyers use HSWA to refer to the statutory framework imposing general duties on employers, the self-employed and those in control of premises to secure, so far as is reasonably practicable, the health, safety and welfare of employees and non-employees, and to the associated enforcement regime. The abbreviation is not defined in the Act but is standard practitioner usage. HSWA 1974 enables extensive secondary regulations (for example, the Management of Health and Safety at Work Regulations 1999) and creates...

Practical guide to sentencing individuals for offences under HSWA 1974 and health and safety regulations in England and Wales: applying the Sentencing Council's nine-step guideline

Published by a LexisNexis Corporate Crime expert

Practice notes

The Sentencing Council (SC)

The Sentencing Council (SC) issues offence-specific sentencing guidance for use by magistrates’ courts and the Crown Court in England and Wales. Under section 59 of the Sentencing Act 2020 (SA 2020) (the Sentencing Code), courts in England and Wales are required to apply these guidelines when sentencing individuals for health and safety offences, unless doing so would be contrary to the interests of justice. The guidelines do not extend to Scotland or Northern Ireland, though courts in those jurisdictions may refer to them to assist their sentencing function. See Practice Note: Sentencing health and safety cases in Scotland. The SC has released offence-specific guidelines for courts sentencing individuals for breaches of the Health and Safety at Work etc Act 1974 (HSWA 1974) and for breaches of health and safety regulations. HSWA 1974 and the Health & Safety Regulations, as defined by HSWA 1974, Sch 1, apply to individuals who are employers (under HSWA 1974, s 2), self-employed persons carrying on an undertaking of a prescribed description (under HSWA 1974, s 3(2)), and employees (under HSWA 1974, s 7)...

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Web page updated on 21/05/2026

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