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Regulation 3 Duties under these Regulations

England, Wales and Scotland

(1)

Where a duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work carried out by the employer except that the duties of the employer—

(a)

under regulation 11 (health surveillance) shall not extend to persons who are not his employees; and

(b)

under regulations 10, 12(1) and (2) and 13 (which relate respectively to monitoring, information and training and dealing with accidents) shall not extend to persons who are not his employees, unless those persons are on the premises where the work is being carried out.

(2)

These Regulations shall apply to a F1relevant self-employed person as they apply to an employer and an employee and as if that relevant self-employed person were both an employer and an employee, except that regulations 10 and 11 shall not apply to a relevant self-employed person.

F2(2A)

For the purposes of this regulation “relevant self-employed person” means a self-employed person who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the 1974 Act.

F3(3)

These Regulations shall not apply to the master or crew of a ship or to the employer of such persons in respect of the normal shipboard activities of a ship’s crew which—

(a)

are carried out solely by the crew under the direction of the master; and

(b)

are not liable to expose persons other than the master and crew to a risk to their health and safety,

and for the purposes of this paragraph “ship” includes every description of vessel used in navigation, other than a ship forming part of Her Majesty’s Navy.

Annotations

Textual amendments

F1

Words in reg. 3(2) substituted (1.10.2015) by The Deregulation Act 2015 (Health and Safety at Work) (General Duties of Self-Employed Persons) (Consequential Amendments) Order 2015 (S.I. 2015/1637), art. 1, Sch. para. 7(2)(a)

F2

Reg. 3(2A) inserted (1.10.2015) by The Deregulation Act 2015 (Health and Safety at Work) (General Duties of Self-Employed Persons) (Consequential Amendments) Order 2015 (S.I. 2015/1637), art. 1, Sch. para. 7(2)(b)

F3

Reg. 3(3) substituted (17.1.2005) by The Control of Substances Hazardous to Health (Amendment) Regulations 2004 (S.I. 2004/3386), regs. 1, 2(b)