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3.—(1) In regulation 4 of the 1998 Regulations—
(a)for the words “Subject to regulation 5” in paragraph (1) there shall be substituted the words “Unless his employer has first obtained the worker’s agreement in writing to perform such work”;
(b)at the end of paragraph (2) there shall be added the words “and shall keep up-to-date records of all workers who carry out work to which it does not apply by reason of the fact that the employer has obtained the worker’s agreement as mentioned in paragraph (1)”; and
(c)for the words “by virtue of regulation 5” in paragraph (7)(d) there shall be substituted the words “by reason of the fact that the employer has obtained the worker’s agreement as mentioned in paragraph (1)”.
(2) In regulation 5 of those Regulations—
(a)paragraphs (1) and (4) shall be omitted; and
(b)in both paragraph (2) and paragraph (3), for “paragraph (1)” there shall be substituted “regulation 4”.
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