32. After regulation 6 insert—
6A.—(1) Paragraph (2) applies to an agency worker whose contract within regulation 3(1)(b) of the Agency Worker’s Regulations 2010 (contract with the temporary work agency) is not a contract of employment.
(2) For the purposes of regulations 5 and 6, any agency worker who has a contract with a temporary work agency, that is a participating individual, participating legal entity or SCE, shall be treated as being employed by that temporary work agency for the duration of that agency worker’s assignment with the hirer.”.