SCHEDULES
SCHEDULE 9Work: exceptions
Part 3Other exceptions
Provision of services etc. to the public
19
1
A does not contravene a provision mentioned in sub-paragraph (2) in relation to the provision of a benefit, facility or service to B if A is concerned with the provision (for payment or not) of a benefit, facility or service of the same description to the public.
2
The provisions are—
a
section 39(2) and (4);
b
section 41(1) and (3);
c
sections 44(2) and (6) and 45(2) and (6);
d
sections 49(6) and (8) and 50(6), (7), (9) and (10).
3
Sub-paragraph (1) does not apply if—
a
the provision by A to the public differs in a material respect from the provision by A to comparable persons,
b
the provision to B is regulated by B's terms, or
c
the benefit, facility or service relates to training.
4
“Comparable persons” means—
a
in relation to section 39(2) or (4), the other employees;
b
in relation to section 41(1) or (3), the other contract workers supplied to the principal;
c
in relation to section 44(2) or (6), the other partners of the firm;
d
in relation to section 45(2) or (6), the other members of the LLP;
e
in relation to section 49(6) or (8) or 50(6), (7), (9) or (10), persons holding offices or posts not materially different from that held by B.
5
“B's terms” means—
a
the terms of B's employment,
b
the terms on which the principal allows B to do the contract work,
c
the terms on which B has the position as a partner or member, or
d
the terms of B's appointment to the office.
6
A reference to the public includes a reference to a section of the public which includes B.