SCHEDULE 1
THE ENGINEERING CONSTRUCTION INDUSTRY
1. Subject to the provisions of this Schedule, the activities of the engineering construction industry are the following activities in so far as they are carried out in Great Britain or in so far as they are for such purposes as are relevant to or in relation to persons in employment to which the Employment Protection (Offshore Employment) Order 19764applies:—
(a) the activities of—
(i) fabrication, assembly, construction, erection, installation, fitting, testing, inspection, maintenance, repair, replacement or dismantling 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, nuclear waste reprocessing site, 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, the processing and production of human and animal food, pharmaceutical, cosmetic and petrochemical products, cement, concrete bricks, distilling alcohol or other products, glass, paper and sewerage or any other installation involving processing of any product;
(ii) planning, designing, commissioning or procuring by way of contract or otherwise of any apparatus, machinery or plant mentioned in head (i) above carried on in association with any activity mentioned in that head or in association with any project for such an activity;
(iii) supervision of the fabrication, assembly, construction, erection, installation, fitting, testing, inspection, maintenance, repair, replacement or dismantling of any apparatus, machinery or plant mentioned in head (i) above when carried out on site;
(iv) the erection and/or dismantling of the main framework of buildings, being framework of steel or other metallic construction, or of other structures consisting wholly or mainly of steel and/or other metal, not being either structures forming part of a building, electric lines or structures designed for the support thereof, walls, fencing, hoardings, exhibition stands, scaffolding or contractors' plant;
(b) the hiring out by an employer of individuals in his employment to persons engaging in any of the foregoing activities, where the said individuals are to be employed in such activities;
(c) any activities, being—
(i) related activities incidental or ancillary to principal activities of the engineering construction industry; or
(ii) activities undertaken in the administration, control or direction of one or more establishments, being establishments engaged wholly or mainly in principal activities of that industry, in related activities incidental or ancillary thereto, or in the administration, control or direction of one or more other establishments engaged in such principal or related activities;
and carried out, in either case, by the employer engaged in those principal activities or, where that employer is a company, by the company or by an associated company of the company;
(d) any activities of industry or commerce (other than engineering construction activities) carried out at or from an establishment mainly engaged—
(i) in engineering construction activities; or
(ii) in engineering construction activities and in activities described in the Appendix to this Schedule, but to a greater extent in engineering construction activities than in activities described in that Appendix in relation to the construction industry.
2. Notwithstanding anything contained in this Schedule, there shall not be included in the activities of the engineering construction industry—
(a) the activities (not being activities described in paragraph 1(c) above) of any establishment engaged—
(i) mainly in activities not being engineering construction activities or activities described in the Appendix to this Schedule; or
(ii) to a less extent in engineering construction activities than in activities described in that Appendix in...
