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40(1)For subsection (2) of section 137 of the Employment Protection (Consolidation) Act 1978 (extension of employment protection legislation) there shall be substituted the following subsection—
“(2)This section applies to employment for the purposes of—
(a)any activities in the territorial waters of the United Kingdom ; or
(b)any activities which, if paragraphs (a) and (d) of subsection (6) of section 23 of the Oil and Gas (Enterprise) Act 1982 (application of civil law to certain offshore activities) were omitted, would nevertheless fall within subsection (2) of that section.”
(2)Subsection (5) of that section shall be omitted.
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