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The Industrial Training (Construction Board) Order 1964

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2.  Notwithstanding anything contained in this Schedule there shall not be included in the activities of the construction industry:—

(a)the activities of any establishment (not being that of a local authority) engaged mainly in one or more activities not included in paragraph 1 of this Schedule;

(b)the activities included in paragraph 1(g) of this Schedule when carried out by a local authority;

(c)the activities of—

(i)the Electricity Council, the Central Electricity Generating Board or an Area Electricity Board;

(ii)the North of Scotland Hydro-Electric Board or the South of Scotland Electricity Board;

(iii)the Gas Council or an Area Gas Board;

(iv)a harbour authority within the meaning of the Harbours Act 1964 when acting in that capacity;

(v)a statutory water undertaker within the meaning of the Water Act 1945 (other than Part II of that Act) or a local water authority within the meaning of the Water (Scotland) Act 1946 being the activities of such undertaker or authority in the exercise of its powers or duties as such;

(d)the activities of any establishment engaged wholly or mainly in—

(i)the erection of steel or other metal framework of buildings; or

(ii)the erection of structures made wholly or mainly of steel or other metal (not being electric lines or structures designed for the support thereof, fencing, hoarding or scaffolding); or

(iii)the provision by a local authority of a road transport passenger service; or

(iv)the installation, testing, inspection or repair of any machinery or plant, not being operations included in paragraph 1(a)(vi) of this Schedule;

(e)the supply of food or drink for immediate consumption;

(f)the activities of any company, association or body that is required by its constitution to apply its profits, if any, or other income in promoting its objects and is prohibited thereby from paying any dividend to its members, and that has for its sole or principal object or among its principal objects the provision of facilities for any of the purposes mentioned in section 15(1) of the Disabled Persons (Employment) Act 1944 (which relates to the provision for registered persons who are seriously disabled of employment or work on their own account under special conditions and of training for such employment or work); or

(g)the activities of any local authority in the provision of sheltered employment carried on in accordance with arrangements under section 3 of the Disabled Persons (Employment) Act 1958, or under section 29 of the National Assistance Act 1948, as extended by section 8(2) of the Mental Health Act 1959 and section 8(2) of the Mental Health (Scotland) Act 1960, or under section 31 of the National Assistance Act 1948 (as substituted by the National Assistance Act 1948 (Amendment) Act 1962, or under section 28 of the National Health Service Act 1946 as extended by section 6 of the Mental Health Act 1959, or under section 27 of the National Health Service (Scotland) Act 1947 as extended by section 7 of the Mental Health (Scotland) Act 1960.

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