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paswt

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About paswt

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  1. What should concentrate the minds of all those involved is that sec 37 H&SaW act 74 states:- "where an offence under any of the relevant statutory provisions committed by a a body corporate proved to have been committed with the consent or connivance (from the latin ..'to wink')for to have been attributable any neglect on the part of any director, manager, secretary other similar officer of the body corporate a person who was purporting tract in any such capacity he as well as the body corporate shall be guilty that offence and shale liable to be proceeded against and punished accordingly." sec 38 states:- "Proceedings for an offence under any of the relevant statutory provisions shall not in England and Wales be instituted except by an INSPECTOR or with the consent of the DPP. I wonder who a private individual would have to apply to to instigate a prosecution on this island? Derek Sec 39 states:- An Inspector , if authorised in that behalf by the enforcing authority which appointed him may, although not of counsel or a solicitor, prosecute before a Magistrates' court proceedings for an offence under any of the relevant statutory provisions. However sec 39 "shall not apply to Scotland " , don't know the position on this island
  2. I was a LA H&S enforcing 'Inspector' ( many years ago) , wondering where we met 'woody2' The old style "factory inspectorate " Inspectors were fairly thin on the ground , back then, and were keen to offload enforcement responsibilities to LA's ( eg tyre and exhaust establishments were offloaded rather than treating them as 'garages' as the "main purpose of the enterprise was sales" ). Just saying
  3. paswt

    Bell (end) charged

    If memory serves was there not a case when the Post office (UK) who self insured , refused to pay out after a pedestrian(?) fatality as the driver of the PO vehicle was "racing" with another employee and was therefore claimed to be "on a frolic of his own" ?
  4. paswt

    How much more

    "odd" as in ' one or two' , there area couple "ner-a-cars" on the island , I don't own one . FFWIW if there is an island rich list "ND" I'm definitely not on it ...... and have no desire to be on it ,............... someone once said:- "You can see what god thinks of money when you see the people he gives it to"
  5. In that event the H&S at Work etc Act 1974 on this island is not being enforced in accordance with that legislation in the UK (see sec 19 , 'Appointment of Inspectors' , sec 20 ,'Powers of inspectors'........... 'what can't speak can't lie' It is interesting to note that Sec 20 , 2 (m) states that the inspector can exercise "any other power which is necessary" ( perhaps the only piece of legislation that empowers an individual with that power) hence the appointment of inspectors by an 'instrument in writing'. just saying
  6. paswt

    How much more

    "ds" It was a quote (can't remember who said it ), in response to a quote ETA....... 'dilli' ....... I live , frugally, within my means , my only vice , sadly ,is the odd vintage motorcycle but I'm content, I have enough, I've been lucky , "a day off the island is a day wasted"
  7. The H&S legislation empowers the enforcing H&S inspector to serve prohibition/improvement notices and prosecute , see my previous post and the legislation. It is not unusual for in house H&S chaps to be employed by any organisation to advise and may be described incorrectly as "Inspectors" .
  8. If the chap was the Gov enforcing H&S Inspector and he considers that no enforcement action should taken , then I would venture to suggest ,(on the evidence presented here )your assertion, with respect , is perhaps at best, an 'interesting hypothesis'.
  9. Across it was/ is(?) the H&S Inspector who instigates proceedings , initially in his/her own name. If an inspector gets it wrong they are sued in their own name and are indemnified by their employer It has been known for an inspector to instruct an outside solicitor , if memory serve one Kate Reece (formerly Wallace) took proceedings against "Bow- wow Auto's " while employed by LB Hackney. Kate , sadly no longer with us, won . However it would be (IMO) fair to say that the head of the organisation should create an atmosphere to apply the law without fear or favour, failure to do so should result in consequences .
  10. paswt

    Climate Change gets the Boot

    Polite and restrained response 'manxy', a refreshing change.
  11. paswt

    Guilty of GBH, consent irrelevant

    I know they were my old dad's medals , not been polished since he retired , don't think medals for Kurdistan/North West Frontier (with my dad's name on them) are available on a 'stock photo'. I've shown you his are you going to show us yours ?
  12. paswt

    Guilty of GBH, consent irrelevant

    you forget he's done military service and has seen things that would make a racers s**t themselves
  13. paswt

    How much more

    "problematic as your future might be I'm doing quite nicely thank you"
  14. paswt

    How much more

    As Norman Wisdom said "the harder I worked the luckier I seemed to get".
  15. paswt

    How much more

    Depends on your definition of "wealthy" I know of folk (" with an ounce of sense" )who started out skint ,worked hard, had a bit of luck and have accumulated sufficient capital to live well ,be debt free and consider they have "enough" and wouldn't want a lottery ticket as a gift . Just saying
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