The Lifting Operations and Lifting Equipment Regulations 1998

UK Statutory Instrument 1998 No. 2307 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 15 September 1998
In force from: 5 December 1998
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: Schedule 3 to, the Health and Safety at Work etc. Act 1974

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations impose health and safety requirements with respect to lifting equipment, which is defined in regulation 2(1). Save as regards the matters mentioned in paragraphs 4 and 5(b) the Regulations give effect as respects Great Britain to Article 4a in respect of lifting equipment, to point 3.2 of Annex I, and to the final paragraph of point 3.2.5 of Annex II, to Council Directive 89/655/EEC (OJ No. L393, 30.12.89, p.13) on the minimum health and safety requirements for the use of work equipment by workers at work (“the Directive”) as amended by Council Directive 95/63/EC (OJ No. L335, 30.12.95, p.28). Save in the case of regulation 10(1) and (2), the Regulations place duties on employers. In addition (not required by the Directive) Regulation 3 (application) places those duties on self-employed persons, and certain persons having control of lifting equipment, of persons at work who use or supervise or manage its use, or of the way it is used, to the extent of their control (regulation 3(3) to (5)). The Regulations have limited application to ships (regulation 3(6) to (11)). The Regulations make provision with respect to— the strength and stability of lifting equipment (regulation 4); the safety of lifting equipment for lifting persons (regulation 5); the way lifting equipment is positioned and installed (regulation 6); the marking of machinery and accessories for lifting, and lifting equipment which is designed for lifting persons or which might so be used in error (regulation 7); the organisation of lifting operations (regulation 8); the thorough examination (defined in (regulation 2(1)) and inspection of lifting equipment in specified circumstances, (regulation 9(1) to (3)); the evidence of examination to accompany it outside the undertaking (regulation 9(4)); the exception for winding apparatus at mines from regulation 9 (regulation 9(5)); transitional arrangements relating to regulation 9 (regulation 9(6) and (7)); the making of reports of thorough examinations and records of inspections (regulation 10 and Schedule 1); and the keeping of information in the reports and records (regulation 11). The Secretary of State for Defence may grant exemptions from the Regulations in the interests of national security (regulation 12). Enactments and instruments replaced by these Regulations are repealed or revoked; consequential amendments are made (regulations 13 to 17 and Schedule 2). A copy of the cost benefit assessment prepared in respect of these Regulations may be obtained from the Economic Adviser’s Unit, the Health and Safety Executive, Rose Court, 2 Southwark Bridge, London SE1 9HS.

Offences created by this instrument

Contravention of The Lifting Operations and Lifting Equipment Regulations 1998 the instrument as a whole · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Health and Safety Regulations: Cranes Commons · Commons Chamber · 22 March 2021 · Apsana Begum (Poplar and Limehouse) (Lab)
The issue of health and safety with regard to cranes used in construction was brought into sharp focus in my constituency of Poplar and Limehouse by the collapse of one such crane on 8 July last year. It is with great sadness that I pay tribute to the friends and family of June Harvey, who died as a result. The collapse also destroyed the homes of those who lived around June, and temporarily displaced many other residents in the surrounding area. It is important that this trauma and pain is given the recognition it deserves. On the night of 8 July around 100 residents had to evacuate their…
Health and Safety Regulations: Cranes Commons · Commons Chamber · 22 March 2021 · The Parliamentary Under-Secretary of State for Work and Pensions (Mims Davies)
I thank the hon. Member for Poplar and Limehouse (Apsana Begum) for securing this debate on such an important issue. Before I respond, I must pause to pay tribute to her constituent June Harvey, who tragically died in the incident involving a tower crane in the hon. Member’s constituency in July last year. Her family and friends have my heartfelt condolences. I have been informed that the investigation into the tragedy is ongoing. The Metropolitan police is leading on this, with the support of the Health and Safety Executive, in line with the work-related death protocol. That agreement sets…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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