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Restrictions on the application of regulations 4 to 10U.K.

14.—(1) Where the injury or death of a person arises out of the conduct of any operation on, or any examination or other medical treatment of, that person (such operation, examination or other treatment being conducted by or under the supervision of a registered medical practitioner or a registered dentist), the requirements of regulations 4, 5, 6(1) and 12(1)(b) do not apply.

(2) In paragraph (1), “registered dentist” has the meaning given by section 53(1) of the Dentists Act 1984 M1.

(3) Where the injury or death of a person arises out of or in connection with the movement of a vehicle on a road, the requirements of regulations 4, 5, 6 and 12(1)(b) do not apply, unless that person—

(a)was injured or killed by an accident involving a train;

(b)was injured or killed by exposure to a substance being conveyed by the vehicle;

(c)was engaged in work connected with the loading or unloading of any article or substance onto or off the vehicle at the time of the accident, or was injured or killed by the activities of another person who was so engaged; or

(d)was engaged in, or was injured or killed by the activities of another person who was at the time of the accident engaged in, work on or alongside a road.

(4) In paragraph (3)(d), “work on or alongside a road” means work concerned with the construction, demolition, alteration, repair or maintenance of—

(a)the road or the markings or equipment on the road;

(b)the verges, fences, hedges or other boundaries of the road;

(c)pipes or cables on, under, over or adjacent to the road; or

(d)buildings or structures adjacent to or over the road.

(5) The injury, death or diagnosis of a member of the armed forces of the Crown or of a visiting force, on duty at the time, is not subject to the requirements of regulation 4, 6, 8, 9, 10 or 12(1)(b) (and for the purposes of this paragraph a visiting force has the meaning given by section 12(1) of the Visiting Forces Act 1952 M2).

(6) Except in relation to an offshore workplace, regulations 4 to 9 do not apply to anything which must be notified under—

(a)the Nuclear Installations Act 1965 M3;

(b)the Merchant Shipping Act 1988 M4;

(c)Orders and Regulations made or to be made under the enactments in (a) and (b);

F1(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)[F2the Ionising Radiations Regulations 2017];

(f)the Electricity Safety, Quality and Continuity Regulations 2002 M5; or

[F3(g)Article 9 of Regulation (EU) No 996/2010 of the European Parliament and of the Council on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC.]

Textual Amendments

Marginal Citations

M21952 c.67; the definition of “visiting force” was amended by paragraph 14(1) of Schedule 15 to the Criminal Justice Act 1988 (c.33).

M5S.I. 2002/2665; to which there are amendments not relevant to these Regulations.