Citation and commencement

1. —(1) These Regulations may be cited as the Health and Safety at Work etc. Act 1974 (General Duties of Self-Employed Persons) (Prescribed Undertakings) Regulations 2015.

(2) These Regulations come into force on 1st October 2015.

Prescribed descriptions of undertakings

2. An undertaking is of a prescribed description for the purposes of section 3(2) of the Health and Safety at Work etc. Act 1974 if it involves the carrying out of any activity which—

(a) is listed in the Schedule; or

(b) where not listed in the Schedule, may pose a risk to the health and safety of another person (other than the self-employed person carrying it out or their employees).

Review

3. —(1) Before the end of each review period, the Secretary of State must—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate, and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3) “Review period” means the period of five years beginning with the day on which these Regulations come into force.

Regulation 2

SCHEDULE ACTIVITIES

Agriculture (including forestry)

1. Any work which is an agricultural activity (which is to be read in accordance with regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998( 5 )).

Asbestos

2. —(1) Any work with asbestos.

(2) Any work which—

(a) involves a sampling activity; but

(b) is not work with asbestos.

(3) Any activity carried out by a dutyholder under regulation 4 of the Control of Asbestos Regulations 2012 ( 6 ) (the “2012 Regulations”) (duty to manage asbestos in non-domestic premises).

(4) In this paragraph—

(a) “asbestos” has the meaning given in regulation 2 of the 2012 Regulations;

(b) “dutyholder” has the meaning given in regulation 4(1) of the 2012 Regulations;

(c) “sampling activity” means—

(i) air monitoring;

(ii) the collection of air samples; or

(iii) the analysis of air samples,

to ascertain whether asbestos fibres are present in the air, or to measure the concentration of such fibres; and

(d) “work with asbestos” is to be read in accordance with regulation 2(2) of the 2012 Regulations.

Construction

3. —(1) Any work which is carried out on a construction site.

(2) Any work in relation to a project carried out by a designer, a client, a contractor, a principal contractor or a principal designer which gives rise to a duty under the Construction (Design and Management) Regulations 2015 ( 7 ) (“the 2015 Regulations”).

(3) In this paragraph—

(a) “client”, “contractor”, “designer”, “principal contractor”, “principal designer” and “project” have the meanings given in regulation 2(1) of the 2015 Regulations; and

(b) “construction site” is to be read in accordance with that regulation.

Gas

4. Any activity to which the Gas Safety (Installation and Use) Regulations 1998( 8 ) apply.

Genetically modified organisms

5. Contained use within the meaning of regulation 2(1) of the Genetically Modified Organisms (Contained Use) Regulations 2014( 9 ).

Railways

6. The operation of a railway (which is to be read in accordance with regulation 2 of the Health and Safety (Enforcing Authority for Railways and Other Guided Transport Systems) Regulations 2006( 10 )).