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Part IIIMiscellaneous

Restrictions on contracting out

9.  Article 245 of the 1996 Order(1) (restrictions on contracting out) shall apply in relation to these Regulations as if they were contained in that Order.

Amendments to primary legislation

10.  The amendments in the Schedule shall have effect.

Liability of employers

11.—(1) Anything done by a person in the course of his employment shall be treated for the purposes of these Regulations as also done by his employer, whether or not it was done with the employer’s knowledge or approval.

(2) Anything done by a person as agent for the employer with the authority of the employer shall be treated for the purposes of these Regulations as also done by the employer.

(3) In proceedings under these Regulations against any person in respect of an act alleged to have been done by a worker of his, it shall be a defence for that person to prove that he took such steps as were reasonably practicable to prevent the worker from—

(a)doing that act; or

(b)doing, in the course of his employment, acts of that description.

(1)

Article 245 was amended by the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265); Article 245(2) was amended by the Employment Relations (Northern Ireland) Order 1999, Article 40 and Schedule 9.3