3.—(1) The requirements imposed by these Regulations on an employer in respect of a conventional tower crane apply in relation to a conventional tower crane provided for use or used by their employee at work.
(2) The requirements imposed by these Regulations on an employer also apply—
(a)to a self-employed person, in respect of a conventional tower crane that person uses at work;
(b)subject to paragraph (4), to a person who has control to any extent of—
(i)a conventional tower crane;
(ii)a person at work who uses or supervises or manages the use of a conventional tower crane; or
(iii)the way in which a conventional tower crane is used,
and to the extent of their control.
(3) Any reference in paragraph (2)(b) to a person having control is a reference to a person having control in connection with the carrying on of a trade, business or other undertaking (whether for profit or not).
(4) The requirements imposed by these Regulations on an employer do not apply to a person in respect of a conventional tower crane supplied by way of sale, agreement for sale or hire-purchase agreement.
(5) These Regulations do not impose any obligation in relation to a ship’s work equipment (whether that equipment is used on or off the ship) and in this regulation “ship” has the meaning given to it by section 313(1) of the Merchant Shipping Act 1995(1).