Disapplication of certain provisions

This section has no associated Explanatory Memorandum

7.—(1) Articles 9(4) and (5) and 19(2) do not apply in relation to occasional work or short-term work involving work regulated as not being harmful, damaging, or dangerous to young people in a family undertaking.

(2) Articles 9(2), 12, 16, 19(3) and 22(2) do not apply in relation to the use of means of transport by land, water or air where the use of means of transport is regulated by international agreements and the European Community directives giving effect to them and in so far as the use of means of transport falls within the disapplication in article 1.2(e) of Council Directive 1999/92/EC on minimum requirements for improving the safety and health of workers potentially at risk from explosive atmospheres(1), except for any means of transport intended for use in a potentially explosive atmosphere.

(3) Articles 19 and 21 impose duties only on responsible persons who are employers.

(4) The requirements of articles 8 to 23, or of any regulations made under article 24, do not have effect to the extent that they would prevent any of the following from carrying out their duties—

(a)any member of the armed forces of the Crown or of any visiting force;

(b)any constable or any member of a police force not being a constable;

(c)any member of any emergency service.

(5) Without prejudice to paragraph (4), article 14(2)(f) does not apply to any premises constituting, or forming part of, a prison within the meaning of the Prison Act 1952(2) or constituting, or forming part of, a remand centre, detention centre or youth custody centre provided by the Secretary of State under section 43 of that Act or any part of any other premises used for keeping persons in lawful custody or detention.

(6) Where paragraph (4) or (5) applies, the safety of relevant persons must nevertheless be ensured so far as is possible.

What the Enforcement Guidance says:

The requirements of articles 9(4) and (5) and 19(2), relating to risk assessments and
the provision of information about such assessments, do not apply to young persons
employed in a family undertaking who work occasionally or carry out short-term
work regarded as not being harmful, damaging, or dangerous. It is considered overly
burdensome to impose detailed requirements on family undertakings to carry out
detailed risk assessments in relation to young persons where there is no likelihood of
harm or damage.
Where the responsible person is not an employer, ie he or she is simply an owner
or occupier of premises, then the duties under article 19, to provide information
to employees, and under article 21, in relation to the provision of safety training for
employees, do not apply.
Fire safety duties under this Order do not apply to the extent that they prevent any
member of the emergency services, HM and visiting armed forces, or the police force
from carrying out their duties. This does not mean that there is a blanket exemption in
respect of the armed forces and emergency services.
The requirement in article 14(1)(f) not to lock emergency doors in such a way that
they cannot be readily opened in the event of an emergency does not apply to a prison,
remand centre, detention centre or youth custody centre or any other premises used
for keeping persons in lawful custody or detention.
But the last two disapplications are overriden by a requirement that the safety of
relevant persons, including those in custody, should be safeguarded as far as is possible.