3. In this Order “responsible person” means—
(a)in relation to a workplace, the employer, if the workplace is to any extent under his control;
(b)in relation to any premises not falling within paragraph (a)—
(i)the person who has control of the premises (as occupier or otherwise) in connection with the carrying on by him of a trade, business or other undertaking (for profit or not); or
(ii)the owner, where the person in control of the premises does not have control in connection with the carrying on by that person of a trade, business or other undertaking.