New regulation 3A (modification of the 1974 Act)
This section has no associated Explanatory Memorandum
5. After regulation 3, insert—
“Modification of the 1974 Act
3A.—(1) The duty placed on the employer in respect of their employees by section 9 of the 1974 Act (duty not to charge employees) is modified to apply in respect of the duties under these Regulations to their workers, and “employer”, as referenced in section 9, in relation to a worker means the person by whom the worker is employed under their worker’s contract.
(2) In these Regulations, section 52 of the 1974 Act (meaning of “work” and related expressions) is extended as follows—
(a)“work” includes work as a worker;
(b)a worker is at work throughout the time when they are working under their worker’s contract, but not otherwise.”.