| 1)
Every employer shall ensure that the requirements of this Part of these Regulations
are complied with in respect of every workplace, other than an exempted workplace,
which is to any extent under his control, |
| 2)
Every person other than the employer referred to in paragraph 1) who has, to any
extent, control of a workplace, other than an excepted workplace, shall ensure
that, so far as relates to matters within his control, the workplace complies
with any applicable requirement of this part of these regulations. |
| 3)
Where a person has, by virtue of any contract or tenancy, an obligation of any
extent in relation to |
a)
the maintenance or repair of any workplace; or |
b)
the safety of any workplace, |
| 4)
Any reference in this regulation to a person having control of any workplace is
a reference to a person having control of the workplace in connection with the
carrying on by him of a trade, business or other undertaking (whether for profit
or not). |
| 5)
For the purpose of these Regulations, an "excepted workplace" is
|
d)
any workplace which is or is on a construction site within the meaning
of regulation 2(1) of the Construction (Health, Safety & Welfare) Regulations
1996(a) and to which these Regulations apply; |
e)
any workplace which is or is in or on a ship within the meaning of section 313(1)
of the Merchant Shipping Act 1995[7] other than a ship which is - |
i)
in the course of construction or repair, |
ii)
in the course of repair by persons other than the master and crew of the ship |
g)
any workplace which forms part of a mine, other than a building on the surface
at a mine. |
h)
any workplace which is or is in or on an offshore installation within the meaning
of regulation 3 of the Offshore Installations and Pipelines Works (Management
and Administration) regulations 1995(e); |
i)
any workplace which is or is in or on an aircraft, locomotive or rolling stock,
trailer or semi-trailer used as a means of transport or a vehicle for which a
licence is in force under the Vehicle Excise and registration Act 1994(f) or a
vehicle exempted from duty under that Act; and |
j)
any workplace, which is in fields, woods or other land forming part of an agricultural
or forestry undertaking but which is not inside a building and is situated away
from the undertakings main buildings. |
| 6)
The requirements of this Part of the Regulations shall not have effect to the
extent that they would prevent - |
a)
any member of the armed forces of the Crown or any visiting force (within the
meaning of regulation 19); |
b)
any constable or any member of the police force not being a constable; or |
c)
any member of any emergency service from carrying out their duties. |
| 7)
Without prejudice to paragraph (6), regulation 5(2)(f) shall not apply to any
premises falling within the scope of section 40(2)(a) or (b) of the 1971 Act (prisons)
or any part of any other premises used for keeping persons in lawful custody or
detention. |
| 8)
Where paragraph (6) or (7) applies, the safety of employees in case of fire shall
nevertheless be ensured so far as is possible. |
| |
| Section
Index |