ApplicationU.K.
4.—(1) Without prejudice to regulation 5 (general duties) of the General Duties Regulations, and subject to paragraphs (2) to (4), these Regulations apply in relation to activities in which workers are subject or are potentially subject to exposure, giving rise to risks to their health and safety, which take place on United Kingdom ships.
(2) Where—
(a)a ship is being used in the course of public service activities or activities for the purposes of the civil protection services, and
(b)characteristics peculiar to those activities inevitably conflict with a provision of these Regulations,
that provision does not apply in relation to activities on that ship to the extent of that conflict.
(3) To the extent that a provision of these Regulations does not apply in relation to activities on a ship because of paragraph (2) there is in relation to that ship a duty on the employer to ensure, so far as is reasonably practicable, the health and safety of the workers who are subject or are potentially subject to exposure on the ship.
(4) This regulation (other than paragraph (1)) and regulations 5, 15 and 17 apply in relation to activities on ships other than United Kingdom ships, which are for the time being in United Kingdom waters, during which workers are subject or are potentially subject to exposure, giving rise to risks to their health and safety.
(5) In paragraph (2)—
(a)“civil protection service” includes the fire and rescue and ambulance services and search and rescue services provided by any other person; and
(b)“public service activities” includes the activities of the armed forces, HM Coastguard, HM Revenue and Customs, immigration officers, police, prison officers and the security and intelligence services.
Commencement Information
I1Reg. 4 in force at 10.1.2011, see reg. 1