Health and Safety at Work Act 2015

29 Insurance against fines unlawful

(1)

To the extent that an insurance policy or a contract of insurance indemnifies or purports to indemnify a person for the person’s liability to pay a fine or infringement fee under this Act,—

(a)

the policy or contract is of no effect; and

(b)

no court or tribunal has jurisdiction to grant relief in respect of the policy or contract, whether under sections 75 to 82 of the Contract and Commercial Law Act 2017 or otherwise.

(2)

A person must not—

(a)

enter into, or offer to enter into, a policy or contract described in subsection (1); or

(b)

indemnify, or offer to indemnify, another person for the other person’s liability to pay a fine or an infringement fee under this Act; or

(c)

be indemnified, or agree to be indemnified, by another person for that person’s liability to pay a fine or an infringement fee under this Act; or

(d)

pay to another person, or receive from another person, an indemnity for a fine or an infringement fee under this Act.

(3)

A person who contravenes subsection (2) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $50,000:

(b)

for any other person, to a fine not exceeding $250,000.

Compare: 1992 No 96 s 56I

Section 29(1)(b): amended, on 1 September 2017, by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).