Search Legislation

Defence Reform Act 2014

Status:

This is the original version (as it was originally enacted).

Section 4

SCHEDULE 1Exemptions relating to premises used by a contractor

This schedule has no associated Explanatory Notes

Introduction

1In this Schedule—

  • “relevant premises” means any premises used by a contractor for the purposes of, or for purposes which include, providing defence procurement services to the Secretary of State by virtue of arrangements mentioned in section 1;

  • “designated premises” means relevant premises which are for the time being designated for the purposes of a provision of this Schedule by order made by the Secretary of State.

Landlord and Tenant Act 1954 (c. 56)

2Part 2 of the Landlord and Tenant Act 1954 (security of tenure for business and other tenants) does not apply to—

(a)any tenancy granted by the Secretary of State to a contractor in respect of any land in relevant premises, or

(b)any sub-tenancy of the whole or part of the land comprised in such a tenancy or in a sub-tenancy to which this sub-paragraph applies.

Nuclear Installations Act 1965 (c. 57)

3(1)For the purposes of sections 1 and 2 of the Nuclear Installations Act 1965 (restriction of certain installations to licensed sites and prohibition of certain operations), any site in designated premises is to be treated as a site used by a government department.

(2)Sub-paragraph (3) applies if a contractor uses any site in designated premises for a purpose which, if section 1 of that Act applied to the contractor in relation to the site, would require the authority of a nuclear site licence.

(3)The provisions of that Act other than sections 1 to 6 and 22 have effect as if—

(a)the contractor were the licensee under a nuclear site licence in respect of the site, and

(b)any reference to the period of the licensee’s responsibility were a reference to any period during which the contractor occupies the site.

Health and Safety at Work etc Act 1974 (c. 37)

4(1)The Secretary of State may by order exempt a contractor, in relation to relevant premises or activities carried on by a contractor at relevant premises, from any of the following—

(a)sections 21 to 25 of the Health and Safety at Work etc Act 1974;

(b)any other provision of Part 1 of that Act;

(c)any provision of regulations made under that Part.

(2)But an exemption may be conferred by virtue of sub-paragraph (1)(b) or (c) only if, and to the extent that, it appears to the Secretary of State necessary or expedient to do so in the interests of the safety of the State.

(3)An exemption conferred by virtue of sub-paragraph (1)

(a)may have effect generally or only in particular respects;

(b)may be expressed as having effect in relation to premises for the time being specified in the order.

Radioactive Substances Act 1993 (c. 12)

5The Radioactive Substances Act 1993 has effect, in relation to designated premises and a contractor, as if the designated premises were occupied by the contractor on behalf of the Crown for the purposes of the department of the Secretary of State having responsibility for defence.

Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675)

6The Environmental Permitting (England and Wales) Regulations 2010 have effect, in relation to designated premises and a contractor, as if the designated premises were used or occupied by the contractor on behalf of the Crown for the purposes of the department of the Secretary of State having responsibility for defence.

Power to create other exemptions

7(1)The Secretary of State may by order provide for exemptions for a contractor, in relation to relevant premises or activities carried on by a contractor at relevant premises, from any provision of subordinate legislation.

(2)An order under this paragraph may confer an exemption only if the exemption corresponds or is similar to an exemption for, or immunity of, the Crown.

(3)An exemption conferred by virtue of sub-paragraph (1)

(a)may have effect generally or only in particular respects;

(b)may be expressed as having effect in relation to premises for the time being specified in the order.

(4)In this paragraph “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (see section 21(1) of that Act).

Orders under this Schedule

8(1)Orders under this Schedule are to be made by statutory instrument.

(2)A statutory instrument containing an order under this Schedule is subject to annulment in pursuance of a resolution of either House of Parliament.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources