2 Meaning of “relevant duty of care”

Relevant duty of care

2  Meaning of “relevant duty of care”

(1)     A “relevant duty of care”, in relation to an organisation, means any of the following duties owed by it under the law of negligence—

(a)     a duty owed to its employees or to other persons working for the organisation or performing services for it;

(b)     a duty owed as occupier of premises;

(c)     a duty owed in connection with—

(i)     the supply by the organisation of goods or services (whether for consideration or not),

(ii)     the carrying on by the organisation of any construction or maintenance operations,

(iii)     the carrying on by the organisation of any other activity on a commercial basis, or

(iv)     the use or keeping by the organisation of any plant, vehicle or other thing;

(d)     a duty owed to a person who, by reason of being a person within subsection (2), is someone for whose safety the organisation is responsible.

(2)     A person is within this subsection if—

(a)     he is detained at a custodial institution or in a custody area at a court[, a police station or customs premises];

[(aa)     he is detained in service custody premises;]

(b)     he

Powered by Lexis+®

Popular documents