Penalties

The Control of Asbestos Regulations 2012, SI 2012/632 (CAR 2012) were made under section 15 of the Health and Safety at Work etc Act 1974 (HSWA 1974). They are an example of health and safety regulations, amongst many other statutory instruments (such as the Management of Health and Safety at Work Regulations 1999, SI 1999/3242).

Health and safety regulations impose Requirements on HSWA 1974 duty holders. They are often accompanied by Approved Codes of Practice (ACOPs) or Guidance Notes prepared by the Health and Safety Executive (HSE). ACOPs are made under HSWA 1974, s 16, for the purpose of providing practical guidance with respect to the requirements of the health and safety regulations. Guidance Notes provide additional guidance, but they do not have the same force of law as ACOPs.

The relevant ACOP in respect of CAR is L143 on managing and working with asbestos, which was introduced in December 2013. A downloadable copy is available from HSE.

Breach of health and safety regulations is a criminal offence under HSWA 1974, s 33(1)(c). Health and