Health and Safety
Executive / Commission
Armed forces
MoD has argued successfully for the Corporate Manslaughter and Corporate Homicide Bill, which is expected to become law this year, to exclude certain armed forces activities.
Under the Bill, a wide range of operational military activities will be “exclusively public functions” and so exempt from the corporate manslaughter offence. However, this exemption does not relate to MoD’s duties as employer or occupier.
Other military activities will be exempt in respect of all categories of the relevant duty of care in the Bill. This exemption will apply, in particular, to the conduct, preparation and support of military operations as well as other hazardous and unpredictable circumstances, including peacekeeping operations and operations dealing with terrorism or serious public disorder. In addition, the exemption will extend to training exercises that simulate these sorts of operations and to the activities of the special forces.
None of these exemptions apply to the MoD's duties under the Health and Safety at Work etc. Act 1974 and related health and safety legislation.
Details of the progress of the Bill and of the proposed exemptions are available on the Parliament website.