Office of Public Sector Information
PART I continued
(2F)In the application of this section to Scotland—
(a)subsection (2A) shall have effect as if for the words “corporation sole” there were substituted distinct juristic person (that is to say, as a juristic person distinct from the individual who for the time being is the office-holder);
(b)subsection (2B) shall have effect as if for the words “corporation sole” there were substituted juristic person; and
(c)subsection (2C) shall have effect as if for the words “subsection (2B)” there were substituted subsections (2A) and (2B).]
(3)For the purposes of regulations under section 2(4) above—
(a)the Police Federation for England and Wales shall be treated as a recognised trade union recognised by each chief officer of police in England and Wales,
(b)the Police Federation for Scotland shall be treated as a recognised trade union recognised by each chief officer of police in Scotland, and
(c)any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996 shall be treated as a recognised trade union recognised by each chief officer of police in England, Wales and Scotland.
(4)Regulations under section 2(4) above may provide, in relation to persons falling within subsection (2)(b) or (c) above, that a body specified in the regulations is to be treated as a recognised trade union recognised by such person as may be specified.]
F1S. 51A inserted (E.W.S.) (1.7.1998) by 1997 c. 42, s. 1; S.I. 1998/1542, art. 2
F2S. 51A(2)(b) substituted (E.W.) (1.4.2006) by Serious Organised Crime and Police Act 2005 (c.15), ss. 59, 178, Sch. 4 para. 20; S.I. 2006/378, art. 4, Sch. para. 10
F3S. 51A(2A)-(2F) inserted (7.4.2005) by Serious Organised Crime and Police Act 2005 (c. 15), s. 158(1)(5)-(7)
F4S. 51A(2E)(c)(d) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(o)(q) (subject to art. 6)
F5S. 51A(2E)(g) inserted (1.4.2007.) by Police and Justice Act 2006 (c. 48), ss. 1, 53(1), Sch. 1 para. 54; S.I. 2007/709, art. 3(a) (subject to art. 6)
C1S. 51A applied (14.4.1999) by S.I. 1999/860, art. 2
C2Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
(1)For the purposes of this Part, a person who, otherwise than under a contract of employment, holds the office of constable or an appointment as police cadet shall be treated as an employee of the relevant officer.
(2)In this section “the relevant officer”—
(a)in relation to a member of a police force or a special constable or police cadet appointed for a police area, means the chief officer of police,
(b)in relation to a person holding office under section 9(1)(b) or 55(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service and the National Crime Squad) means the Director General of the National Criminal Intelligence Service or, as the case may be, the Director General of the National Crime Squad, and
(c)in relation to any other person holding the office of constable or an appointment as police cadet, means the person who has the direction and control of the body of constables or cadets in question.
[F2(2A)For the purposes of this Part the relevant officer, as defined by subsection (2)(a) or (c) above, shall be treated as a corporation sole.
(2B)Where, in a case in which the relevant officer, as so defined, is guilty of an offence by virtue of this section, it is proved—
(a)that the officer-holder personally consented to the commission of the offence,
(b)that he personally connived in its commission, or
(c)that the commission of the offence was attributable to personal neglect on his part,
the office-holder (as well as the corporation sole) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2C)In subsection (2B) above “the office-holder”, in relation to the relevant officer, means an individual who, at the time of the consent, connivance or neglect—
(a)held the office or other position mentioned in subsection (2) above as the office or position of that officer; or
(b)was for the time being responsible for exercising and performing the powers and duties of that office or position.
(2D)The provisions mentioned in subsection (2E) below (which impose the same liability for unlawful conduct of constables on persons having their direction or control as would arise if the constables were employees of those persons) do not apply to any liability by virtue of this Part.
(2E)Those provisions are—
(a)section 39 of the Police (Scotland) Act 1967;
(b)section 88(1) of the Police Act 1996;
(c)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)paragraph 14(1) of Schedule 3 to the Criminal Justice and Police Act 2001;
(f)section 28 of the Serious Organised Crime and Police Act 2005.
[F3(g)paragraph 20 of Schedule 1 to the Police and Justice Act 2006;]
(2F)In the application of this section to Scotland—
(a)subsection (2A) shall have effect as if for the words “corporation sole” there were substituted distinct juristic person (that is to say, as a juristic person distinct from the individual who for the time being is the office-holder);
(b)subsection (2B) shall have effect as if for the words “corporation sole” there were substituted juristic person; and
(c)subsection (2C) shall have effect as if for the words “subsection (2B)” there were substituted subsections (2A) and (2B).]
(3)For the purposes of regulations under section 2(4) above—
(a)the Police Federation for England and Wales shall be treated as a recognised trade union recognised by each chief officer of police in England and Wales,
(b)the Police Federation for Scotland shall be treated as a recognised trade union recognised by each chief officer of police in Scotland, and
(c)any body recognised by the Secretary of State for the purposes of section 64 of the Police Act 1996 shall be treated as a recognised trade union recognised by each chief officer of police in England, Wales and Scotland.
(4)Regulations under section 2(4) above may provide, in relation to persons falling within subsection (2)(b) or (c) above, that a body specified in the regulations is to be treated as a recognised trade union recognised by such person as may be specified.]
F1S. 51A inserted (E.W.S.) (1.7.1998) by 1997 c. 42, s. 1; S.I. 1998/1542, art. 2
F2S. 51A(2A)-(2F) inserted (7.4.2005) by Serious Organised Crime and Police Act 2005 (c. 15), s. 158(1)(5)-(7)
F3S. 51A(2E)(g) inserted (1.4.2007.) by Police and Justice Act 2006 (c. 48), ss. 1, 53(1), Sch. 1 para. 54; S.I. 2007/709, art. 3(a) (subject to art. 6)
F4S. 51A(2E)(c)(d) repealed (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53(1), Sch. 15 Pt. 1(A); S.I. 2007/709, art. 3(o)(q) (subject to art. 6)
C1S. 51A applied (14.4.1999) by S.I. 1999/860, art. 2
C2Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
E1This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
(1)For the purposes of this Part—
(a)“work” means work as an employee or as a self-employed person;
(b)an employee is at work throughout the time when he is in the course of his employment, but not otherwise;
[F1(bb)a person holding the office of constable is at work throughout the time when he is on duty, but not otherwise; and]]
(c)a self-employed person is at work throughout such time as he devotes to work as a self-employed person;
and, subject to the following subsection, the expressions “work” and “at work”, in whatever context, shall be construed accordingly.
(2)Regulations made under this subsection may—
(a)extend the meaning of “work” and “at work” for the purposes of this Part; and
(b)in that connection provide for any of the relevant statutory provisions to have effect subject to such adaptations as may be specified in the regulations.
[F2(3)The power to make regulations under subsection (2) above shall be exercisable by the Secretary of State F3. . ..]
F1S. 52(1)(bb) substituted for word in s. 52(1)(b) (E.W.S.) (1.7.1998) by 1997 c. 42, s. 2; S.I. 1998/1542, art. 2
F2S. 52(3) substituted for s. 52(3)(4) by Employment Protection Act 1975 (c. 71), Sch. 15 para. 17
F3Words in s. 52(3) repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. (with art. 6)
C1Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10
C2Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
C3S. 52 applied (E.W.S.) (1.4.2006) by Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para. 11(10)); S.I. 2006/266, art. 2(2), Sch.
(1)In this Part, unless the context otherwise requires—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
“article for use at work” means—
(a)any plant designed for use or operation (whether exclusively or not) by persons at work, and
(b)any article designed for use as a component in any such plant;
[F2“article of fairground equipment” means any fairground equipment or any article designed for use as a component in any such equipment;]
“code of practice” (without prejudice to section 16(8)) includes a standard, a specification and any other documentary form of practical guidance;
“the Commission” has the meaning assigned by section 10(2);
“conditional sale agreement” means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled;
“contract of employment” means a contract of employment or apprenticeship (whether express or implied and, if express, whether oral or in writing);
“credit-sale agreement” means an agreement for the sale of goods, under which the purchase price or part of it is payable by instalments, but which is not a conditional sale agreement;
[F3“customs officer” means an officer within the meaning of the Customs and Excise Management Act M11979;]
“domestic premises” means premises occupied as a private dwelling (including any garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling), and “non-domestic premises” shall be construed accordingly;
“employee” means an individual who works under a contract of employment [F4or is treated by section 51A as being an employee], and related expressions shall be construed accordingly;
“enforcing authority” has the meaning assigned by section 18(7);
“the Executive” has the meaning assigned by section 10(5);
“ the existing statutory provisions” means the following provisions while and to the extent that they remain in force, namely the provisions of the Acts mentioned in Schedule 1 which are specified in the third column of that Schedule and of the regulations, orders or other instruments of a legislative character made or having effect under any provision so specified;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
[F6“fairground equipment” means any fairground ride, any similar plant which is designed to be in motion for entertainment purposes with members of the public on or inside it or any plant which is designed to be used by members of the public for entertainment purposes either as a slide or for bouncing upon, and in this definition the reference to plant which is designed to be in motion with members of the public on or inside it includes a reference to swings, dodgems and other plant which is designed to be in motion wholly or partly under the control of, or to be put in motion by, a member of the public;]
“the general purposes of this Part” has the meaning assigned by section 1;
“health and safety regulations” has the meaning assigned by section 15(1);
“hire-purchase agreement” means an agreement other than a conditional sale agreement, under which—
(a)goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired; and
(b)the property in the goods will pass to that person if the terms of the agreement are complied with and one or more of the following occurs:
(i)the exercise of an option to purchase by that person;
(ii)the doing of any other specified act by any party to the agreement;
(iii)the happening of any other event;
and “hire-purchase” shall be construed accordingly;
“improvement notice” means a notice under section 21;
“inspector” means an inspector appointed under section 19;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
“local authority” means—
(a)in relation to England F7. . ., a county council, . . . F8 a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple,
[F9(aa)in relation to Wales, a county council or a county borough council,]
(b)in relation to Scotland, a [F10council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];
[F11“micro-organism” includes any microscopic biological entity which is capable of replication;]
“offshore installation” means any installation which is intended for underwater exploitation of mineral resources or exploration with a view to such exploitation;
“personal injury” includes any disease and any impairment of a person’s physical or mental condition;
“plant” includes any machinery, equipment or appliance;
“premises” includes any place and, in particular, includes—
(a)any vehicle, vessel, aircraft or hovercraft,
(b)any installation on land (including the foreshore and other land intermittently covered by water), any offshore installation, and any other installation (whether floating, or resting on the seabed or the subsoil thereof, or resting on other land covered with water or the subsoil thereof), and
(c)any tent or moveable structure;
“prescribed” means prescribed by regulations made by the Secretary of State;
“prohibition notice” means a notice under section 22;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
[F12“railway safety purposes” has the same meaning as in Schedule 3 to the Railways Act 2005;]
“the relevant statutory provisions” means—
(a)the provisions of this Part and of any health and safety regulations . . . F13; and
(b)the existing statutory provisions;
“self-employed person” means an individual who works for gain or reward otherwise than under a contract of employment, whether or not he himself employs others;
“substance” means any natural or artificial substance [F14(including micro-organisms)], whether in solid or liquid form or in the form of a gas or vapour;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
“supply”, where the reference is to supplying articles or substances, means supplying them by way of sale, lease, hire or hire-purchase, whether as principal or agent for another.
(2)—(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
F1Definitions repealed by Employment Protection Act 1975 (c. 71), Sch. 18
F2Definition inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 7(a)
F3Definition inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 7(b)
F4Words in the definition of
“employee”
in s. 58(1) inserted (E.W.S.) (1.7.1998) by 1997 c. 42, s. 6(1); S.I. 1998/1542, art. 2
F5Definition repealed by Employment Protection Act 1975 (c. 71), Sch. 18
F6Definition inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 7(c)
F7Words in the definition of
“local authority”
in s. 58(1) repealed (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 9, Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F8Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F9Para. (aa) inserted in the definition of
“local authority”
in s. 58(1) (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 9 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F10Words in the definition of
“local authority”
in s. 58(1) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 93(3); S.I. 1996/323, art. 4(1)(b)(c)
F11Definition inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 7(d)
F12S. 53(1): definition of "railway safety purposes" inserted (E.W.S) (1.4.2006) by Railways Act 2005 (c. 14), ss. 2, 60, Sch. 3 para. 15(3); S.I. 2006/266, art. 2(2), Sch.
F13Words repealed by Employment Protection Act 1975 (c. 71), Sch. 18
F14Words inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 7(e)
F15Definition repealed by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 48(3), Sch. 5
F16Ss. 2(5), 29, 31, 32, 50(4)(5), 53(2)–(6) repealed by Employment Protection Act 1975 (c. 71), Sch. 18
C1Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10
C2Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
C3In s. 53: definition of "relevant statutory provisions" applied by Tay Road Bridge Order Confirmation Act 1991 (c. iv), s. 1, Sch. Pt. VII s. 62
In s. 53: definition of "relevant statutory provisions" applied (25.7.1991) by Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 1, Sch. s. 61(1)(f)
M11979 c.2(40:1).
This Part, in its application to the Isles of Scilly, shall apply as if those Isles were a local government area and the Council of those Isles were a local authority.
Health and Safety at Work etc. Act 1974