Commentary

(3) Other special cases

Division CI Working Time
| Commentary

(3) Other special cases

| Commentary

(3)     Other special cases

The same provisions, other than the 48-hour limit on working time, are also disapplied by WTR SI 1998/1833 reg 21 in relation to a long list of 'special cases'. These are again taken largely verbatim from the Working Time Directive, art 17(3), but with some differences, one at least of which has proved to be significant in the interpretation of the provisions (see para [211] below). The special cases can best be set out here by a further verbatim reproduction of the Regulation, with the points of difference of wording indicated by placing the additional or equivalent wording in WTD art 17(3) in italics in brackets immediately following the WTR wording:

''(a)     where the worker's activities are such that his place of work and place of residence are distant from one another, [including cases where the worker is employed in offshore work] (including offshore work,) or his different places of work are distant from one another;

(b)     where the worker is engaged in (in the case of) security and surveillance activities requiring a permanent presence in order to protect property and persons, as may be the case for (particularly) security guards and caretakers or security firms;

(c)

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