Safety, Health and Welfare at Work Act 2005

Licences.

88

88.—(1) The Minister may, for the purpose of protecting the safety, health and welfare of persons at work, prescribe any work activity to which the provisions of the Act apply as being an activity which may not be carried on except in accordance with the terms or conditions of a licence issued by the Authority or a person prescribed under section 33 , which licence the Authority or the person so prescribed is hereby authorised to issue.

(2) The Authority or a person prescribed under section 33 may attach such conditions to a licence issued in accordance with subsection (1) as it thinks proper including conditions as to its expiry or revocation.

(3) The Authority or a person prescribed under section 33 may at its discretion grant or refuse an application for a licence under this section.

(4) The Authority or a person prescribed under section 33 may, if it so thinks proper, publish particulars of an application for a licence under this section and invite representations concerning it from interested persons.

(5) ( a) The Authority or a person prescribed under section 33 shall cause a register of all licences granted by it under this section to be kept in such form and containing such particulars as it thinks proper.

( b) Any person, upon payment of a prescribed fee and an inspector, without payment, shall be entitled at all reasonable times to inspect and take copies of or extracts from a register kept under this subsection.

(6) If the Authority or a person prescribed under section 33 refuses to grant a licence or grants a licence on conditions with which the applicant is dissatisfied, the Authority or person so prescribed shall, at his or her request, deliver to him or her a certificate stating the grounds on which it has refused a licence or attached the conditions.

(7) The applicant may appeal to the High Court from the decision of the Authority or a person prescribed under section 33 within 10 days after receipt of the certificate or such further time as the High Court may allow.

(8) On the hearing of an appeal from a decision of the Authority or a person prescribed under section 33 refusing the grant of a licence or granting a licence on conditions with which the applicant is dissatisfied, the High Court may confirm the decision or may direct the Authority or person prescribed under section 33 to grant the licence, to attach specified conditions to the licence or to amend or delete a condition attached to the licence, as may be appropriate.

(9) A decision of the High Court on an appeal under this section shall be final save that, by leave of that Court, an appeal shall lie to the Supreme Court on a specified question of law.