PART 3Activities to which article 4 applies and conditions

Defence activities36.

(1)

Article 4 applies to an activity carried on—

(a)

in relation to the defence of the realm, and

(b)

by or on behalf of—

(i)

the naval, military or air forces of the Crown, including reserve forces and the Royal Fleet Auxiliary; or

(ii)

a visiting force within the meaning given by section 12 of the Visiting Forces Act 195225.

(2)

But article 4 does not apply to any such activity which is a works activity or a dredging activity.