Health and Safety at Work etc. Act 1974

52 Meaning of work and at work.E+W+S+N.I.

(1)For the purposes of this Part—

(a)work” means work as an employee or as a self-employed person;

(b)an employee is at work throughout the time when he is in the course of his employment, but not otherwise;

[F1(bb)a person holding the office of constable is at work throughout the time when he is on duty, but not otherwise; and]

(c)a self-employed person is at work throughout such time as he devotes to work as a self-employed person;

and, subject to the following subsection, the expressions “work” and “at work”, in whatever context, shall be construed accordingly.

(2)Regulations made under this subsection may—

(a)extend the meaning of “work” and “at work” for the purposes of this Part; and

(b)in that connection provide for any of the relevant statutory provisions to have effect subject to such adaptations as may be specified in the regulations.

[F2(3) The power to make regulations under subsection (2) above shall be exercisable by the Secretary of State F3 . . .. ]

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Amendments (Textual)

F1S. 52(1)(bb) substituted for word in s. 52(1)(b) (E.W.S.) (1.7.1998) by 1997 c. 42, s. 2; S.I. 1998/1542, art. 2

F2S. 52(3) substituted for s. 52(3)(4) by Employment Protection Act 1975 (c. 71), Sch. 15 para. 17

F3Words in s. 52(3) repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. (with art. 6)

Modifications etc. (not altering text)

C1Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C2Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C3S. 52 applied (E.W.S.) (1.4.2006) by Railways Act 2005 (c. 14), ss. 2, 60, {Sch. 3 para. 11(10))}; S.I. 2006/266, art. 2(2), Sch.

C4Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

C5Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))