SCHEDULE 1 THE CONSTRUCTION INDUSTRY
2 Notwithstanding anything contained in this Schedule, there shall not be included in the activities of the construction industry:–
(a) the activities of any establishment engaged–
(i) mainly in activities not being construction activities or activities described in the Appendix to this Schedule; or
(ii) to a less extent in construction activities than in activities described in that Appendix in relation to any one industry;
(b) the activities of any establishment engaged wholly or mainly in related activities, being activities–
(i) incidental or ancillary to the activities of one or more establishments (in this sub-paragraph hereafter referred to as “the principal establishment”) engaged wholly or mainly in any activities not being principal activities of the construction industry; and
(ii) carried out by the employer carrying on the principal establishment or, where the employer is a company, by the company or by an associated company of the company;
(c) the activities of any establishment engaged wholly or mainly in the activities following or any of them, that is to say–
(i) the erection of the main framework of buildings, being framework of metallic construction;
(ii) the erection of other structures consisting wholly or mainly of metal (not being structures forming part of a building, electric lines or structures designed for the support thereof, walls, fencing, hoardings, exhibition stands, scaffolding or contractors' plant);
(iii) the assembly, construction, erection, installation, fitting, testing, inspection, thermal insulation, repair or replacement on site of any chemical, electrical or mechanical apparatus, machinery or plant of a chemical works, gas making or gas treatment works, nuclear or thermal power station, hydro-electric station, oil refinery or oil terminal or other apparatus, machinery or plant concerned with exploration for or exploitation of oil or gas, metal smelter, steel mill, paper mill or brewery;
(iv) the planning, designing, commissioning or procuring by way of contract or otherwise of any apparatus, machinery or plant mentioned in sub-paragraph (iii) above carried on in association with any activity mentioned in that sub-paragraph or in association with any project for such an activity;
(v) the supervision of the assembly, construction, erection, installation, fitting, testing, inspection, repair or replacement of any apparatus, machinery or plant mentioned in sub-paragraph (iii) above when carried out on site;
(vi) the installation, testing, inspection or repair of machinery or plant (other than contractors' plant);
(vii) the manufacture, wholly or mainly from concrete and tiles or from stone set in concrete, of fire-places;
(viii) the application of any form of chemical treatment to wood, being part of a building, for preventing or remedying the presence of insects, mites, fungi or marine organisms;
(ix) the assembly, installation, cleaning or repair of venetian blinds;
(x) the making of inside or outside blinds or awnings or the installation of such blinds by the manufacturer thereof;
(xi) the laying out of golf courses, bowling greens or gardens;
(xii) any operation in thatching;
(xiii) any operation in terrazzo-mosaic work;
(xiv) the quarrying, dressing or fitting of Collyweston slates;
(xv) the construction or repair of bakers' ovens;
(xvi) the preparation of stone for monumental purposes; or
(xvii) banking, finance or insurance;
(xviii) the provision or continued provision for any building or other construction or work or operations carried out on any site referred to in paragraph 1(a)(i) to (vii) of this Schedule of water, gas, electricity, lighting, heating, ventilation or air-conditioning, where undertaken in, upon, above or under the building or the close curtilage or precincts thereof, or such construction or work or operations on any such site;
(xix) the fabrication, installation, fitting, removal and replacement of sealed unit glazing or fenestration systems in any building or on the site of any building work or civil engineering works, not being operations included in paragraph 1(c), (d) or (e) of this Schedule;
(xx) the manufacture or fabrication of building products from timber or timber based materials where the activity is automated and carried out away from the site of any building work or civil engineering works;
(xxi) the laying of synthetic surfaces on tennis courts,soccer pitches, hockey pitches, multi-sports pitches, cricket wickets, athletics tracks and training areas, horse racing tracks, gallops and maneges or playgrounds;
(d) the activities of–
(i) a harbour authority within the meaning of the Harbours Act 1964 when acting in that capacity;
1964 c. 40.
(ii) the United Kingdom Atomic Energy Authority;
(e) the activities of a local authority;
(f) the activities of a charity;
(g) the activities of any company, association or body that is required by its constitution to apply its profits, if any, or other income in promoting its objects and is prohibited thereby from paying any dividend to its members, and that has for its sole or principal object or among its principal objects the provision of facilities for any of the purposes mentioned in section 15(1) of the Disabled Persons (Employment) Act 1944 (which relates to the provision for registered persons who are seriously disabled of work or training);
1944 c. 10.
(h) any work, occupation or training that is provided in accordance with arrangements made by a local authority under the Disabled Persons (Employment) Act 1958 or any other enactment that authorises or requires the provision of arrangements for persons suffering from illness, severe physical defect or disability or from mental disorder, or for persons who have been suffering from illness or whose care is undertaken with a view to preventing them from becoming ill, or for old people;
1958 c. 33.
(i) any activities in agriculture; or
(j) the supply of food or drink for immediate consumption.