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Exclusion of application to visiting forces. 77.(1) The following provisions of this Act, namely sections 4 to [19], 23, 24, 27, 28, 29(1) and (10), 33, 34, 35(1), 36 to 38 and 42 shall, in so far as they impose duties failure to comply with which might give rise to a liability in tort, be binding upon the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland, and accordingly, for the purposes of those provisions and regulations under any of them, persons in the service of the Crown shall be taken to be employed if, apart from this subsection, they would not be so taken. (2) Section 24(7) shall, in its application to premises occupied by the Crown, have effect with the substitution, for the reference to the authority having power to enforce compliance with the foregoing provisions of that section, of a reference to the Ministry. (3) Section 29(1) shall, in its application to premises owned or occupied by the Crown, have effect with the substitution, for the reference to the appropriate authority, of a reference to the Ministry; and sections 29(2) to (8), 30(2) to (6), 32 and 35(2) shall not apply to premises occupied by the Crown or to premises which, though not so occupied, form part of a building owned by the Crown. (4) Section 45 shall, in the case of premises occupied by the Crown, have effect as if, for any reference to an authority having power to enforce any provision of this Act, there were substituted a reference to the Ministry and as if the words in subsection (3) from "and are further satisfied" onwards, and [subsections (5) to (14)], had been omitted; .... (5) Sections 51 and 52 shall not be construed as extending to the enforcement of provisions of this Act or regulations thereunder against the Crown or, in so far as they are enforceable, as regards premises owned or occupied by the Crown, against any other person, or as authorising the entry of premises occupied by the Crown, but any such provisions and regulations shall, in so far as they are enforceable, as regards premises owned or occupied by the Crown, against any other person, be enforceable by the Ministry. (6) The reference in subsection (1) to a liability in tort shall be construed as not including such a liability towards a member of the armed forces of the Crown, and the reference in that subsection to persons in the service of the Crown shall be construed as not including any such member.
© 1966 Crown Copyright
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