Regulation 3 Application

England, Wales and Scotland

(1)

These Regulations shall apply—

(a)

in Great Britain; and

(b)

outside Great Britain as sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 M1.

(2)

The requirements imposed by these Regulations on an employer shall apply in relation to work—

(a)

by an employee of his; or

(b)

by any other person under his control, to the extent of his control.

(3)

The requirements imposed by these Regulations on an employer shall also apply to—

(a)

a F1relevant self-employed person, in relation to work—

(i)

by him; or

(ii)

by a person under his control, to the extent of his control; and

(b)

to any person other than a self-employed person F2or relevant self-employed person, in relation to work by a person under his control, to the extent of his control.

(4)

Regulations 4 to 16 of these Regulations shall not apply to or in relation to—

(a)

the master and crew of a ship, or to the employer of such persons, in respect of the normal ship-board activities of a ship's crew which—

(i)

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

(ii)

are not liable to expose persons at work other than the master and crew to a risk to their safety;

F3(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

a place specified in regulation 5(3) of the Loading and Unloading of Fishing Vessels Regulations 1988 M2 where persons are engaged in fish loading processes; F4...

()

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Regulation 11 of these Regulations shall not apply to an installation while regulation 12 of the Offshore Installations and Wells (Design and Construction, etc) Regulations 1996 M3 apply to it.

(6)

In this regulation—

F5(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(ba)

“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;

(c)

“ship” includes every description of vessel used in navigation, other than a ship which forms part of Her Majesty's Navy.

Annotations

Textual amendments

F1: Words in reg. 3(3)(a) 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. 8(a)
F2: Words in reg. 3(3)(b) 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. 8(b)
F3: Reg. 3(4)(b) revoked (6.4.2014) by The Health and Safety (Miscellaneous Revocations and Amendments) Regulations 2013 (S.I. 2013/1512), reg. 1(2)(b), Sch.
F4: Reg. 3(4)(d) and word omitted (6.4.2007) by virtue of The Work at Height (Amendment) Regulations 2007 (S.I. 2007/114), regs. 1, 3(a)(ii)
F5: Reg. 3(6)(a)(b) omitted (6.4.2007) by virtue of The Work at Height (Amendment) Regulations 2007 (S.I. 2007/114), regs. 1, 3(b)
F6: Reg. 3(6)(ba) 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. 8(c)

Marginal citations

M1: S.I. 2001/2127.
M2: S.I. 1988/1656.
M3: S.I.1996/913.