The Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 1975

Made: 20th March 1975

Laid before Parliament: 24th March 1975

Coming into Operation: 6th April 1975

The Secretary of State for Social Services, in exercise of powers conferred by sections 51(1) and (2), 129, 131, 132 and 157 of the Social Security Act 1975, paragraph 9(1)(a) and (c) of Schedule 3 to the Social Security (Consequential Provisions) Act 1975 and of all other powers enabling her in that behalf, after reference to the Industrial Injuries Advisory Council, hereby makes the following regulations:—

Citation, commencement and interpretation

1

• (1) These regulations may be cited as the Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 1975, and shall come into operation on 6th April 1975.

• (2) In these regulations, unless the context otherwise requires—

• “the Act of 1975” means the Social Security Act 1975;

• “ship or vessel”, for the purposes of these regulations, includes hovercraft;

• “designated area” in relation to the Continental Shelf Act 1964 means any area which may from time to time be designated by Order in Council under that Act as an area within which the rights of the United Kingdom with respect to the sea bed and subsoil and their natural resources may be exercised;

other expressions to which meanings are assigned in the Continental Shelf Act 1964 have the same meanings as in that Act, and other expressions have the same meaning as in the Act of 1975.

• (3) Any reference in these regulations to any provision made by or contained in any enactment or instrument shall, except in so far as the context otherwise requires, be construed as a reference to that provision as amended or extended by any enactment or instrument and as including a reference to any provision which it re-enacts or replaces.

• (4) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889 shall apply in relation to this instrument and in relation to any revocation effected thereby as if these regulations, the regulations revoked by them and any regulations revoked by the regulations so revoked were Acts of Parliament, and as if each revocation were a repeal.

• (5) Nothing in these regulations shall affect the operation of any Order in Council giving effect to a reciprocal agreement with the government of any country outside the United Kingdom and the Isle of Man, except in so far as the contrary intention appears in such Order in Council.

Employments to be treated for industrial injuries purposes as employed earners' employments

2

Subject to regulation 3 of these regulations, the employments specified in Part I of Schedule 1 to these regulations shall be treated as employed earners' employments for the purposes of Chapters IV and V of Part II of the Act of 1975.

Employments not to be treated for industrial injuries purposes as employed earners' employments

3

The employments specified in Part II of Schedule 1 to these regulations shall not be treated as employed earners' employments for the purposes of Chapters IV and V of Part II of the Act of 1975.

Employments relating to mariners to be treated for industrial injuries purposes as employed earners' employments

4

Subject to regulation 5 of these regulations, employments specified in Part I of Schedule 2 to these regulations shall be treated as employed earners' employments for the purposes of Chapters IV and V of Part II of the Act of 1975.

Employments relating to mariners not to be treated for industrial injuries purposes as employed earners' employments

5

The employments specified in Part II of Schedule 2 to these regulations shall not be treated as employed earners' employments for the purposes of Chapters IV and V of Part II of the Act of 1975.

Employments relating to airmen to be treated for industrial injuries purposes as employed earners' employments

6

Subject to regulation 7 of these regulations, employments specified in Part III of Schedule 2 to these regulations shall be treated as employed earners' employments for the purposes of Chapters IV and V of Part II of the Act of 1975.

Employments relating to airmen not to be treated for industrial injuries purposes as employed earners' employments

7

The employments specified in Part IV of Schedule 2 to these regulations shall not be treated as employed earners' employments for the purposes of Chapters IV and V of Part II of the Act of 1975.

Persons to be treated as employers for certain industrial injuries purposes

8

In relation to any employed earner who is employed in any employment specified in column 1 of Schedule 3 to these regulations, the person specified opposite thereto in column 2 of that Schedule shall, for the purposes of industrial injuries benefit and its administration, be treated as that person's employer in that employment.

Revocations and general savings

9

• (1) The regulations specified in column 1 of Schedule 4 to these regulations are hereby revoked to the extent mentioned in column 3 of that Schedule.

• (2) Anything whatsoever done under or by virtue of any regulations revoked by these regulations shall be deemed to have been done under or by virtue of the corresponding provisions of these regulations, and anything whatsoever begun under any such regulations may be continued under these regulations as if begun under these regulations.

• (3) Nothing in paragraph (2) of this regulation shall be taken as affecting the general application by regulation 1(4) of these regulations of the rules for the construction of Acts of Parliament contained in section 38 of the Interpretation Act 1889 (effect of repeals) with regard to the effect of revocations.

SCHEDULE 1

PART I — EMPLOYMENTS TO BE TREATED AS EMPLOYED EARNERS` EMPLOYMENTS FOR INDUSTRIAL INJURIES PURPOSES

1

Employment in Great Britain under a contract of apprenticeship where the person employed as an apprentice is not gainfully employed thereunder.

2

Employment in Great Britain as a member, or as a person training to become a member, of any fire brigade, rescue brigade, first aid party or salvage party or air raid precautions party at a mine or quarry or at any premises to which any of the provisions of the Factories Act 1961 apply, or at a shop, office or other premises used solely for business or commercial purposes, in any case in which such organisation is established in pursuance of an obligation imposed under statute or by or with the consent of the owner or occupier of any such mine, quarry or other premises.

3

Employment:

• (a) as a member of the naval, military or air forces of a country to which a provision of the Visiting Forces Act 1952 applies by virtue of section 1 thereof;

• (b) as a civilian by any such force, except where the person so employed is ordinarily resident in the United Kingdom.

4

Employment as a member of any international headquarters or defence organisation designated under section 1 of the International Headquarters and Defence Organisations Act 1964, except where there is a liability for contributions under the Act of 1975 arising from such employment and the person so employed is ordinarily resident in the United Kingdom.

5

Employment in or about a mine or quarry of any person (being a person nominated pursuant to section 116(1) of the Mines and Quarries Act 1954 or a person nominated by such a person for the purposes of such employment) in attending at anyplace at which an accident or dangerous occurrence has happened or in performing any other duty, pursuant to any consent given by an inspector for the purposes of section 120 of that Act.

6

Employment in Great Britain as a special constable.

7

Employment in any designated area which is employment in connection with the exploitation of the resources mentioned in section 1(1) (exploitation and exploration of Continental Shelf) of the Continental Shelf Act 1964 or with the exploration of the sea bed and subsoil in any designated area and which, were every such area in Great Britain, would be employed earner's employment under Chapter IV of Part II of the Act of 1975.

8

Employment in Great Britain in plying for hire with any vehicle or vessel the use of which is obtained under any contract of bailment or, in Scotland, of letting to hire (not being in either case a hire purchase agreement) in consideration of the payment of a fixed sum or a share in the earnings or otherwise.

PART II — EMPLOYMENTS NOT TO BE TREATED AS EMPLOYED EARNERS` EMPLOYMENTS FOR INDUSTRIAL INJURIES PURPOSES

SCHEDULE 2

PART I — MARINERSEMPLOYMENTS TO BE TREATED AS EMPLOYED EARNERS EMPLOYMENTS FOR INDUSTRIAL INJURIES PURPOSES

1

In the provisions of this Part of this Schedule—

• (1) “mariner” means a person who is or has been or is to be in employment under a contract of service either as a master or member of the crew of any ship or vessel, or in any other capacity on board any ship or vessel where—

• (a) the employment in that other capacity is for the purposes of that ship or vessel or her crew or any passengers or cargo or mails carried thereby; and

• (b) the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on her voyage;

• (2) “British ship” means —

• (a) any ship or vessel belonging to Her Majesty;

• (b) any ship or vessel whose port of registry is a port in Great Britain;

• (c) any other British ship or vessel (not being a ship or vessel whose port of registry is a port in Northern Ireland) of which the owner (or managing owner if there is more than one owner) or the manager resides or has his principal place of business in Great Britain; and in this sub-paragraph the expression “British ship” shall have the same meaning as in the Merchant Shipping Acts 1894 to 1970;

• (d) any hovercraft registered in the United Kingdom, not being hovercraft whose owner (or managing owner if there is more than one owner) or manager resides or has his principal place of business in Northern Ireland, or whose owner (or managing owner if there is more than one owner) has no place of business in the United Kingdom;

• (3) “manager” means in relation to any ship or vessel, the person to whom the management of the ship or vessel is entrusted by or on behalf of the owner; and references in this paragraph to the owner of a ship or vessel shall, in relation to a ship or vessel which has been demised, be construed as referring to the person for the time being entitled as charterer to possession and control of the ship or vessel by virtue of the demise or any sub-demise;

• (4) “managing owner” means that owner of any ship or vessel who, where there is more than one such owner, is responsible for the control and management of that ship or vessel;

• (5) “share fisherman” means any person who—

• (a) is ordinarily employed in the fishing industry otherwise than under a contract of service, as a master or member of the crew of any fishing boat within the meaning of section 373 of the Merchant Shipping Act 1894 being a fishing boat manned by more than one person, and remunerated in respect of that employment in whole or in part by a share of the profits or gross earnings of the fishing boat; or

• (b) has ordinarily been so employed, but who by reason of age or infirmity permanently ceases to be so employed and becomes ordinarily engaged in employment ashore in Great Britain, otherwise than under a contract of service, making or mending any gear appurtenant to a British fishing boat or performing other services ancillary to or in connection with that boat and is remunerated in respect of that employment in whole or in party by a share of the profits or gross earnings of that boat and has not ceased to be ordinarily engaged in that employment.

2

Where a mariner is employed as such—

• (a) on board a British ship; or

• (b) on other than a British ship and the following conditions are satisfied, as appropriate—

• (i) he is employed as master or member of the crew and his earnings are paid by the owner of the ship or vessel; and

• (ii) he is employed as master or member of the crew and his earnings are paid by some person other than the owner of the ship or vessel; and

• (iii) he is employed in any other capacity on board any ship or vessel and the person by whom his earnings are paid has a place of business in Great Britain;

then that employment of the mariner shall be treated as employed earner's employment.

3

Employment under a contract to act as master or member of the crew of such of the ships or vessels of a particular owner or owners as may be determined in accordance with the contract, where the employment would be treated as employed earner's employment by virtue of paragraphs 1 and 2 of this Part of this Schedule in the case of each ship or vessel if the contract related to it alone.

4

• (1) In the case of a qualified British radio officer, employment under a contract to act as radio officer on board such ships or vessels as may be determined in accordance with the contract, where the contract is a contract of service, provided that—

• (a) the contract with the person by whom his earnings are paid is entered into in the United Kingdom and that person has a place of business in Great Britain; or

• (b) that person has his principal place of business in Great Britain;

not being employment while the person employed is serving as a radio officer on board a ship or vessel.

• (2) In this paragraph the expression “qualified British radio officer” means a person who possesses qualifications enabling him to be radio officer on board a British ship registered in the United Kingdom of a class required under section 3 of the Merchant Shipping (Safety Convention) Act 1949 to carry a radio officer, and the expression “radio officer” includes radio operator.

5

Employment as a share fisherman.

6

Employment as pilot operating from a port in Great Britain on board any ship or vessel notwithstanding that the person so employed does not hold a licence or deep sea certificate from a pilotage authority in Great Britain covering that employment.

7

Employment as a regular or enrolled member of the crew of any lifeboat stationed in Great Britain under the control of the Royal National Lifeboat Institution.

PART II — MARINERSEMPLOYMENTS NOT TO BE TREATED AS EMPLOYED EARNERS EMPLOYMENTS FOR INDUSTRIAL INJURIES PURPOSES

PART III — AIRMENS EMPLOYMENTS TO BE TREATED AS EMPLOYED EARNERS EMPLOYMENTS FOR INDUSTRIAL INJURIES PURPOSES

PART IV — AIRMENS EMPLOYMENTS NOT TO BE TREATED AS EMPLOYED EARNERS EMPLOYMENTS FOR INDUSTRIAL INJURIES PURPOSES

SCHEDULE 3 — EMPLOYMENTS IN RESPECT OF WHICH PERSONS ARE TREATED AS EMPLOYERS FOR INDUSTRIAL INJURIES PURPOSES