1 Elements of health and safety law

Sources of Law

Health and safety law is derived from a number of sources. The three principal sources of English law are legislation, or statute law, common law, from which most case law is derived, and contract law.

Statute law

Statute law consists of Acts of Parliament, such as the Health and Safety at Work, etc. Act 1974 (HSWA), which is an enabling Act, together with a large number of statutory instruments (SIs) made under the Acts of Parliament. Statutory instruments are generally known as ‘subordinate legislation’, or, ‘delegated legislation’. Subordinate legislation relating to workplace health and safety consists of statutory instruments proposed by the Health and Safety Commission (HSC), after consultation ...

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