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N O R T H E R N I R E L A N D O R D E R S I N C O U N C I L
1972 No. 963 (N.I. 6)
Employer's Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972
[28th June 1972]
PART I
GENERAL
Title and commencement
1. — (1) This Order may be cited as the Employer's Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972. (2) (3) Commencement
Interpretation
2. — (1) The Interpretation Act (Northern Ireland) 1954 (2) In this Order — “ business ” includes a trade or profession and any activity carried on by a body of persons, whether corporate or unincorporate; “ employee ” means an individual who has entered into or works under a contract of service or apprenticeship with another person for the purposes of a business carried on by that other person, whether such contract is express or implied, and “ employer ” shall be construed accordingly; “ the Minister ” F1 means the Minister of Health and Social Services and “ Ministry ” F1 shall be construed accordingly; “ personal injury ” includes loss of life, any disease and any impairment of a person's physical or mental condition; “ statutory provision ” has the meaning assigned by section 1 of the Interpretation Act (Northern Ireland) 1954.
1954 c.33
shall apply to Article 1 and the following provisions of this Order as it applies to an Act of the Parliament of Northern Ireland.Annotations: | |
F1 | functions transf. by SRO (NI) 1973/504 |
Art.3 rep. by SLR 1976
PART II
EMPLOYER'S LIABILITY (DEFECTIVE EQUIPMENT)
Extension of employer's liability for defective equipment
4. — (1) Where, after this Part comes into operation — the injury shall be deemed to be also attributable to negligence on the part of the employer (whether or not he is liable in respect of the injury apart from this paragraph), but without prejudice to the law relating to contributory negligence and to any remedy by way of contribution or in contract or otherwise which is available to the employer in respect of the injury. (2) In so far as any agreement purports to exclude or limit any liability of an employer arising out of paragraph (1), the agreement shall be void. (3) In this Article — “ equipment ” includes any plant and machinery, vehicle, aircraft and clothing; and “ fault ” means negligence, breach of statutory duty or other act or omission which gives rise to liability in tort in Northern Ireland. (4) This Article binds the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland and for the purposes of this Article persons in the service of the Crown shall be treated as employees of the Crown if they would not be so treated apart from this paragraph.
(a)
an employee suffers personal injury in the course of his employment in consequence of a defect in equipment provided by his employer for the purposes of the employer's business; and
(b)
the defect is attributable wholly or partly to the fault of a third party (whether identified or not),
PART III F2
COMPULSORY INSURANCE AGAINST EMPLOYER'S LIABILITY
Insurance against liability to employees
5. — (1) Except as otherwise provided by this Part, every employer carrying on any business in Northern Ireland shall insure, and maintain insurance, under one or more approved policies with an authorised insurer or insurers against liability for personal injury suffered by [ F4 those of his relevant employees who are employed by him for work on or from an offshore installation, or on or from an associated structure in the course of an activity undertaken on or in connection with an offshore installation and arising out of and in the course of their employment for that work ] . (2) Regulations may provide that the amount for which an employer is required by this Part to insure and maintain insurance shall be limited in such manner as may be prescribed by the regulations. (3) For the purposes of this Part — [ F5 (3A) Paragraph (3)(b) must be read with —
(a)
“ approved policy ” means a policy of insurance not subject to any conditions or exceptions prohibited for those purposes by regulations;
[ F5 (b)
“ authorised insurer ” means —
(i)
a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance;
(ii)
an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of insurance; or
(iii)
a person who does not fall within sub-paragraph (i) or (ii) and who may lawfully effect or carry out contracts of insurance in a member State other than the United Kingdom; ]
(c)
except as otherwise provided by regulations, an employer not having a place of business in Northern Ireland shall be deemed not to carry on business there.
[ F4 (d)
any expression to which a meaning is given by the Offshore Installations and Pipeline Works (Management and Administration) Regulations (Northern Ireland) 1995, and to which a meaning is not given by this Order, shall have the same meaning in this Order ]
(a)
section 22 of the Financial Services and Markets Act 2000;
(b)
any relevant order under that section; and
(c)
Schedule 2 to that Act. ]
Employees to be exempted
6. This Part shall not require an employer to insure —
(a)
in respect of an employee of whom the employer is the husband, wife, [ F6 civil partner, ] father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, grand-daughter, stepson, stepdaughter, brother, sister, half-brother or half-sister; or
(b)
except as otherwise provided by regulations, in respect of employees not ordinarily resident in Northern Ireland.
Annotations: | |
2004 c.33 | |
Employers exempted from insurance
7. This Part shall not require any insurance to be effected by —
(a)
the Police Authority for Northern Ireland (which for the purposes of this Part shall be treated as the employer of members of the Royal Ulster Constabulary and the Royal Ulster Constabulary Reserve), a new town commission established under the New Towns Acts (Northern Ireland) 1965 to 1968, the Northern Ireland Housing Executive established under the Housing Executive Act (Northern Ireland) 1971
1971 c.5
1964 c.14
F7 or any body to which Part II of the Local Government (Members and Officers) Act (Northern Ireland) 1964 F8 for the time being applies; or1964 c.14
[ F9 (aa)
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991; or ]
Sub.-para. (ab) rep. by 2001 c. 16
(b)
any body corporate established by or under any statutory provision for the carrying on of any industry or part of an industry, or of any undertaking, under public ownership or control; or
(c)
in relation to any such cases as may be specified in the regulations, any employer exempted by regulations.
Certificates of insurance
8. — (1) Provision may be made by regulations for securing that certificates of insurance in such form and containing such particulars as may be prescribed by the regulations, are issued by insurers to employers entering into contracts of insurance in accordance with the requirements of this Part and for the surrender in such circumstances as may be so prescribed of certificates so issued. (2) Where a certificate of insurance is required to be issued to an employer in accordance with regulations under paragraph (1), the employer (subject to any provision made by the regulations as to the surrender of the certificate) shall during the currency of the insurance and such further period (if any) as may be provided by regulations — (3) A person who fails to comply with a requirement imposed by or under this Article shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [ F12 level 3 on the standard scale ] .
(a)
comply with any regulations requiring him to display copies of the certificate of insurance [ F10 or make arrangements to secure the maintenance of such copies on offshore installations or associated structures ] for the information of his employees;
(b)
produce the certificate of insurance or a copy thereof on demand to any inspector duly authorised for the purposes of this Part by the [ F11 Health and Safety Executive for Northern Ireland ] and produce or send the certificate or a copy thereof to such other persons, at such place and in such circumstances as may be prescribed by regulations;
(c)
permit the policy of insurance or a copy thereof to be inspected by such persons and in such circumstances as may be prescribed by regulations.
Penalty for failure to insure
9. An employer who on any day is not insured in accordance with this Part when required to be so shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [ F13 level 4 on the standard scale ] .
Annotations: | |
1984 NI 3 | |
Liability of owners of offshore installations
9A. — (1) In respect of any offshore installation, it shall be the duty of the owner of the installation to ensure that requirements imposed by or under this Order are complied with and where, in respect of that installation — (2) In proceedings against the owner of an installation for an offence under this Article it shall be a defence for the accused to prove — (3) In proceedings for an offence under this Article an averment in any process of the fact that anything done or situated within relevant waters shall, until the contrary is proved, be sufficient evidence of that fact as stated in the averment. (4) Proceedings for any offence under this Article may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in Northern Ireland. (5) References in this Article to "the owner", in relation to an offshore installation, are to the person who controls the operation of the installation.
(a)
any employer is on any day not insured in accordance with this Order, the owner of the installation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale; or
(b)
any person fails to comply with a requirement imposed by or under Article 8, the owner of the installation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(a)
that he used all due diligence to prevent the commission of the offence; and
(b)
that any relevant contravention was committed without his consent, connivance or wilful default.
Prosecutions
9B. Proceedings shall not be instituted in Northern Ireland for any offence under this Order in respect of an offshore installation except by the Secretary of State or by a person authorised in that behalf by the Secretary of State.
Regulations
10. — (1) The Ministry may make regulations for any purpose for which regulations are authorised or required to be made by or under this Part. (2) Regulations under this Part shall be subject to negative resolution.
| Version no | Start date | End date | Extent | Confers power | Blanket amendment |
| > 1 | 01/01/2006 | N.I. | N | N |