SCHEDULE 1THE CONSTRUCTION INDUSTRY
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 engaged—
(i)
mainly in activities not being construction activities or activities described in the Appendix to this Schedule; or
(ii)
to a less extent in construction activities than in activities described in that Appendix in relation to any one industry;
(b)
the activities of any establishment engaged wholly or mainly in related activities, being activities—
(i)
incidental or ancillary to the activities of one or more establishments (in this sub-paragraph hereafter referred to as “the principal establishment”) engaged wholly or mainly in any activities not being principal activities of the construction industry; and
(ii)
carried out by the employer carrying on the principal establishment or, where that employer is a company, by the company or by an associated company of the company;
(c)
the activities of any establishment engaged wholly or mainly in the activities following or any of them, that is to say—
(i)
the erection of the main framework of buildings, being framework of metallic construction;
(ii)
the erection of other structures consisting wholly or mainly of metal (not being structures forming part of a building, electric lines or structures designed for the support thereof, walls, fencing, hoardings, exhibition stands, scaffolding or contractors' plant);
(iii)
the assembly, construction, erection, installation, fitting, testing, inspection, thermal insulation, repair or replacement on site of any chemical, electrical or mechanical apparatus, machinery or plant of a chemical works, gas making or gas treatment works, nuclear or thermal power station, hydro-electric station, oil refinery or oil terminal or other apparatus, machinery or plant concerned with exploration for or exploitation of oil or gas, metal smelter, steel mill, paper mill or brewery;
(iv)
the planning, designing, commissioning or procuring by way of contract or otherwise of any apparatus, machinery or plant mentioned in sub-paragraph (iii) above carried on in association with any activity mentioned in that sub-paragraph or in association with any project for such an activity;
(v)
the supervision of the assembly, construction, erection, installation, fitting, testing, inspection, repair or replacement of any apparatus, machinery or plant mentioned in sub-paragraph (iii) above when carried out on site;
(vi)
the installation, testing, inspection or repair of machinery or plant (other than contractors' plant);
(vii)
the manufacture, wholly or mainly from concrete and tiles or from stone set in concrete, of fire-places;
(viii)
the application of any form of chemical treatment to wood, being part of a building, for preventing or remedying the presence of insects, mites, fungi or marine organisms;
(ix)
the assembly, installation, cleaning or repair of venetian blinds;
(x)
the making of inside or outside blinds or awnings or the installation of such blinds by the manufacturer thereof;
(xi)
the laying out of golf courses, bowling greens or gardens;
(xii)
any operation in thatching;
(xiii)
any operation in terazzo-mosaic work;
(xiv)
the quarrying, dressing or fitting of Collyweston slates;
(xv)
the construction or repair of bakers' ovens;
(xvi)
the preparation of stone for monumental purposes; or
(xvii)
banking, finance or insurance;
(xviii)
the provision or continued provision for any building or other construction or work or operations carried out on any site referred to in paragraph 1 (a)(i) to (vii) of the Schedule of water, gas, electricity, lighting, heating, ventilation or air-conditioning, where undertaken in, upon, above or under the building or the close, curtilage or precincts thereof, or such construction or work or operations on any such site;
(d)
the activities of—
(i)
(ii)
the United Kingdom Atomic Energy Authority;
(e)
the activities of a local authority;
(f)
the activities of a charity;
(g)
(h)
(i)
any activities in agriculture; or
(j)
the supply of food or drink for immediate consumption.