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5. In regulation 3 (application of Part II)–
(a)for paragraph (1) there shall be substituted–
“(1) Every employer shall ensure that the requirements of this Part of these Regulations are complied with in respect of every workplace, other than an excepted workplace, which is to any extent under his control.”;
(b)in paragraph (2), after the words “Every person” there shall be inserted the words “, other than the employer referred to in paragraph (1),”; and
(c)in paragraph (5)–
(i)sub-paragraphs (a) to (c) shall be omitted;
(ii)for sub-paragraph (e) there shall be substituted–
“(e)any workplace which is or is in or on a ship within the meaning of section 313(1) of the Merchant Shipping Act 1995(1) other than a ship which is–
(i)in the course of construction; or
(ii)in the course of repair by persons who include persons other than the master and crew of the ship;”;
(iii)sub-paragraph (f) shall be omitted; and
(iv)for sub-paragraph (g) there shall be substituted–
“(g)any workplace which forms part of a mine, other than any building on the surface at a mine;”.
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