5.—(1) Without prejudice to regulation 4(5), in paragraph (2) of regulation 3 “operation” includes the carrying out of construction work if—
(a)it relates to the maintenance, repair, renewal or improvement of infrastructure; or
(b)subject to paragraph (2), it is carried out within operational premises and relates to the maintenance, repair, renewal or improvement of any fixed assets other than infrastructure.
(2) Paragraph (1) (b) does not include construction work—
(a)where—
(i)regulation 7(1) of the Construction (Design and Management) Regulations 1994 (which requires notice to be given of projects which include or are intended to include construction work ) applies to the project which includes that work; and
(ii)it is carried out in a physically segregated area of the operational premises, the activities normally carried out in that area, if any, have been suspended for the purpose of enabling that work to be carried out, the contractor has authority to exclude from that area persons who are not attending in connection with the carrying out of that work and the work is not the maintenance of insulation on pipes, boilers or other parts of heating or water systems or its removal from them; or
(b)where carried out in relation to any bridge, structure or other property which spans or is adjacent to operational premises by persons other than the owner, operator or manager of the system of transport or persons acting on behalf of one or more of them .
(3) The reference to “improvement” in paragraph (1) (a) does not include construction work for the extension of an existing system of transport.
Commencement Information
I1Reg. 5 in force at 1.4.2006, see reg. 1