asked the Secretary of State for Employment if he will issue guidance to the Health and Safety Executive to make use of Section 3(2) of the Health and Safety at Work, etc. Act 1974 in respect of the health safety standards of acupuncturists' premises.
pursuant to his reply of 16th January—[Official Report, Vol. 942, c. 38,]—gave the following information:No. I understand from the Chairman of the Health and Safety Commission that Section 3(2) is being enforced by the appropriate inspectorates of the Executive in relation to this and to other matters. However, enforcement is not a simple matter in relation to the 8 million or so persons, including the self-employed, who are covered by health and safety legislation for the first time. The Commission and Executive are aware of the problems associated with the application of the Act to medical services and kindred activities such as acupuncture and are considering the implications for enforcement, particularly with regard to the activities of the self-employed and the application of Section 3 to the practitioner—patient relationship.
A table showing prosecutions by Her Majesty's Factory Inspectorate under Section 3(2) is below.