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The Employers' Liability (Compulsory Insurance) Regulations 1998

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Regulation 9

SCHEDULE 2EMPLOYERS EXEMPTED FROM INSURANCE

1.  A person who for the time being holds a current certificate issued by a government department stating that claims established against that person in respect of any liability to such employees of the kind mentioned in section 1(1) of the 1969 Act as are mentioned in the certificate will, to any extent to which they are incapable of being satisfied by that person, be satisfied out of money provided by Parliament; but only in respect of employees covered by the certificate.

2.  The Government of any foreign state or Commonwealth country.

3.  Any inter-governmental organisation which by virtue of any enactment is to be treated as a body corporate.

4.  Any subsidiary of any such body as is mentioned in section 3(1)(b) of the 1969 Act (which exempts any body corporate established by or under any enactment for the carrying on of any industry or part of an industry, or of any undertaking, under national ownership or control) and any company of which two or more such bodies are members and which would, if those bodies were a single corporate body, be a subsidiary of that body corporate.

5.  Any Passenger Transport Executive(1) and any subsidiary thereof.

6.  London Regional Transport(2), and any of its subsidiaries or joint subsidiaries within the meaning of section 51(5) of the Transport Act 1968(3).

7.  The Commission for the New Towns(4).

8.  The Qualifications and Curriculum Authority(5).

9.  Any voluntary management committee of an approved bail or approved probation hostel within the meaning of the Probation Service Act 1993(6).

10.  Any magistrates' courts committee established under the Justices of the Peace Act 1997(7).

11.  Any probation committee established under the Probation Service Act 1993.

12.  Any employer who is a member of a mutual insurance association of shipowners or of shipowners and others, in respect of any liability to an employee of the kind mentioned in section 1(1) of the 1969 Act against which the employer is insured for the time being with that association for an amount not less than that required by the 1969 Act and regulations under it, being an employer who holds a certificate issued by that association to the effect that he is so insured in relation to that employee.

13.  Any licensee within the meaning of the Nuclear Installations Act 1965(8), in respect of any liability to pay compensation under that Act to any of his employees in respect of a breach of duty imposed on him by virtue of section 7 of that Act(9).

14.  Any employer to the extent he is required to insure and maintain insurance by subsection (1) of section 1 of the 1969 Act against liability for bodily injury sustained by his employee when the employee is–

(i)carried in or upon a vehicle; or

(ii)entering or getting on to, or alighting from, a vehicle,

in the circumstances specified in that subsection and where that bodily injury is caused by or, arises out of, the use by the employer of a vehicle on a road; and the expression “road”, “use” and “vehicle” have the same meanings as in Part VI of the Road Traffic Act 1988(10).

(9)

Section 7 of the Nuclear Installations Act was amended by the Nuclear Installations Act 1965 (Repeal and Modifications) Regulations 1990 (S.I. 1990/1918).

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