Statutory Instrument 1994 No. 520

The Employers' Liability (Compulsory Insurance) Exemption (Amendment) Regulations 1994

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© Crown Copyright 1994

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1994 No. 520

INSURANCE

The Employers' Liability (Compulsory Insurance) Exemption (Amendment) Regulations 1994

The Secretary of State in exercise of his powers under sections 3(1)(c) and 6 of the Employers' Liability (Compulsory Insurance) Act 1969^[1] and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Employers' Liability (Compulsory Insurance) Exemption (Amendment) Regulations 1994 and shall come into force on 1st April 1994.

    (2)  In these Regulations, "the principal Regulations" means the Employers' Liability (Compulsory Insurance) Exemption Regulations 1971^[2].

Amendment to the principal Regulations
    2.—(1)  The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.

    (2)  In regulation 2(2) for the definition of "subsidiary" there shall be substituted the following definition:
""subsidiary" has the same meaning as in section 736 of the Companies Act 1985 (c. 6.)."



    (3)  In regulation 3—
 (a) at the end of paragraph (z) for the full stop there shall be substituted a semi-colon; and
 (b) after paragraph (z) there shall be inserted the following paragraph:
"(za) Railtrack Group plc and any of its wholly owned subsidiaries within the meaning of section 736 (2) of the Companies Act 1985." .


    (4)  After regulation 3 there shall be inserted the following regulation:

"Cessation of exemptions of certain employers
    4.—(1)  The exemptions granted by regulation 3(za) of these Regulations shall cease to have effect as from the date on which Railtrack Group plc ceases to be wholly owned by the Crown.

    (2)  In this regulation "wholly owned by the Crown" has the same meaning as in section 151(2) of the Railways Act 1993 (c. 43.)."

Signed by order of the Secretary of State.

Michael Forsyth

Minister of State,
Department of Employment.

2nd March 1994

These Regulations amend the Employers' Liability (Compulsory Insurance) Exemption Regulations 1971 (S. I. 1971/1933) (the 1971 Regulations). The 1971 Regulations list employers who are exempted from the requirement of the Employers' Liability (Compulsory Insurance) Act 1969 (c. 57) (the 1969 Act) to ensure and maintain insurance against liability for bodily injury or disease sustained by their employees and arising out of and in the course of their employment. The exemptions listed in the 1971 Regulations are additional to those contained in section 3 of the 1969 Act.

These Regulations add to that list employers mentioned in paragraph (za) of regulation 3 of the 1971 Regulations (regulation 2(3)(b) of these Regulations). The exemptions so granted to those employers will cease to have effect as described in regulation 4 of the 1971 Regulations (regulation 2(4) of these Regulations). They also update the definition of "subsidiary" in regulation 2(2) of the 1971 Regulations (regulation 2(2) of these Regulations).

[1] 1969 c. 57. back

[2] S.I. 1971/1933 to which there are amendments not relevant to these Regulations. back