Regulation 4 Meaning of “work” and “at work” and modification of the 1974 Act

United Kingdom

(1)

For the purpose of these Regulations and Part 1 of the 1974 Act, the meaning of “work” is extended to include any contained use and the meaning of “at work” is extended accordingly.

(2)

Sections 2(1), (2) and (3) and 7 of the 1974 Act are modified in relation to contained use as follows—

(a)

those sections have effect as if a reference to—

(i)

an employer includes a reference to an educational establishment providing a course of study; and

(ii)

an employee includes a reference to a student undertaking contained use in that educational establishment to the extent that the contained use is under the control of that educational establishment.

(3)

Section 3(2) of the 1974 Act is modified in relation to contained use so as to have effect as if the reference in that section—

(a)

to a self-employed person F1who conducts an undertaking of a prescribed description were a reference to any person (except a student) undertaking contained use who is not an employer or an employee; and

(b)

to F2the undertaking includes a reference to that contained use.

(4)

In this regulation—

“educational establishment” means a university, college, school or similar educational or technical institute; and
“student” means any person studying at an educational establishment.

Annotations

Textual amendments

F1: Words in reg. 4(3)(a) 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. 12(a)
F2: Words in reg. 4(3)(b) 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. 12(b)