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.