Two self-employed fireplace installers were recently prosecuted before Greater Manchester Magistrates’ Court.

Helen Holder of Kangs Solicitors explains the circumstances.

The Circumstances | Kangs Regulatory Offences Defence Solicitors

  • The Investigation by the Health and Safety Executive found that the defendants had installed three new gas fires in domestic properties between August 2015 and February 2017 despite not being registered under Gas Safe to do so.
  • Upon inspection, the works were found to be substandard and, in some cases, dangerous due to installation defects.

The Law | Kangs Regulatory Offences Team

The Regulations breached in this case were:

The Gas Safety (Installation and Use) Regulations 1998

Section 3(1):

No person shall carry out any work in relation to a gas fitting or gas storage vessel unless he is competent to do so.

Section 3(3):

Without prejudice to the generality of paragraphs (1) and (2) above and subject to paragraph (4) below, no employer shall allow any of his employees to carry out any work in relation to a gas fitting or service pipework and no self-employed person shall carry out any such work, unless the employer or self-employed person, as the case may be, is a member of a class of persons approved for the time being by the Health and Safety Executive for the purposes of this paragraph.

Section 5(3):

No person shall carry out any work in relation to a gas fitting or gas storage vessel otherwise than in accordance with appropriate standards and in such a way as to prevent danger to any person.

The Outcome

  • Both defendants pleaded guilty to breaching Regulations 3(1), 3(3) and 5(3) above. *
  • They were both sentenced to ten months imprisonment, which was suspended, ordered to undertake one hundred and fifty hours of unpaid work and to pay substantial costs.

 How Can We Help? | Kangs Health and Safety Solicitors

The team at Kangs Solicitors has a wealth of knowledge and experience in defending offences charged under the Health and Safety Regulations.

Our specialist solicitors provide advice and assistance throughout the entire criminal process, from the initial intervention by the Health and Safety Executive through to enforcement, interview under caution and ultimately the defence of any ensuing criminal prosecution.

Who Can I Contact For Help? | Kangs National Criminal Defence Solicitors

Please feel free to contact our team through any of the solicitors named below who will be happy to provide you with some initial advice and assistance.

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Tim Thompson
tthompson@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888

Steve Micklewright
smicklewright@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396