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20.—(1) Regulation 4 (scope of application of Part 2) is amended as follows.
(2) In paragraph (2)—
(a)for the definition of “employer” substitute—
““employer” means a service provider established in the United Kingdom or a Member State which posts or hires out workers in a manner described by paragraph 3 of Article 1 of Directive 96/71/EC(1);”;
(b)in the definition of “posted worker in the construction sector”, in paragraph (a), omit “other than the United Kingdom”.
(3) After paragraph (2) insert—
“(3) For the purposes of the definition of “employer” in paragraph (2), paragraph 3 of Article 1 of Directive 96/71/EC is to be read as if—
(a)in point (a)—
(i)after “post workers to” there were inserted “the United Kingdom or”;
(ii)after “operating in” there were inserted “the United Kingdom or”;
(b)in point (b), after “by the group in” there were inserted “the United Kingdom or”;
(c)in point (c), after “operating in” there were inserted “the United Kingdom or”.”
OJ No L 18, 21.1.1997, p. 1.
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