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Professional Insight MHSWR 1999 Reg 7 / HASWA 1974

The Role of Retained Competent Health & Safety Advisers under Regulation 7

How appointing an accredited competent safety adviser under MHSWR 1999 protects company directors against statutory breach while unlocking SSIP and public tender eligibility.

Author Kehinde Kevron
Technical Reviewer Chartered Safety Practitioner (CMIOSH)
Last Reviewed 20 Jun 2026
Jurisdiction UK
The Role of Retained Competent Health & Safety Advisers under Regulation 7

Key Professional Takeaways

  • Every UK employer must appoint a competent safety person under Regulation 7 of MHSWR 1999.
  • Retained competent advisers protect company directors against statutory non-compliance penalties.
  • Verifiable competent adviser credentials unlock SSIP schemes and public sector tender eligibility.

Regulation 7 of the Management of Health and Safety at Work Regulations 1999 (MHSWR) places a mandatory duty on every UK employer to appoint one or more competent persons to assist in undertaking statutory compliance measures.

1. Legal Obligations & Director Liability

Failure to appoint a competent person exposes directors to enforcement action under Section 37 of the Health and Safety at Work etc. Act 1974. A retained competent adviser provides objective risk oversight, policy governance, and competent accident investigation support.

2. Unlocking SSIP Accreditations & Pre-Qualification Tenders

Pre-qualification questionnaires (PQQs) for major UK infrastructure contracts require verifiable proof of competent health and safety advice (e.g. OSHCR registered consultants or CMIOSH practitioners).

Statutory Guidance & Professional Applicability Note:

This publication provides high-level professional commentary and statutory analysis for UK health, safety, and environmental dutyholders. Regulatory requirements must be evaluated against site-specific conditions and operational hazard profiles. Consult a Kevron Chartered safety adviser for bespoke compliance auditing.

Recommended Next Step

Request Risk Assessment Audit

Developing suitable and sufficient dynamic risk assessments under MHSWR 1999 Regulation 3.

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