United Kingdom Statutory Instruments

"catering establishment" means—

(a) a restaurant, canteen, club, public house, school kitchen, prison kitchen, hospital kitchen or similar establishment (including a vehicle or a fixed or mobile stall) where—


(i) food is cooked or made ready for consumption without further preparation; and

(ii) food is prepared for service to the consumer.



(b) other premises used solely for the purpose of cooking or making food ready for consumption, without further preparation, after delivery to the consumer;

"distribution warehouse" means premises where produce is received prior to onward distribution to a wholesale or retail establishment and—

(a) there is no change in the ownership of the produce concerned between receipt and onward distribution; and

(b) the wholesale or retail establishment to which delivery is made is excluded under paragraph 2 of this Schedule; and

(c) the premises are owned by the same company that owns the retail or wholesale establishment to which the produce is delivered;

"farmer" means a person—

(a) who occupies land used for agricultural activities; or

(b) who owns or operates a business that pursues agricultural activities in whole or in part; or

(c) is an employed person with management responsibility for all or part of a business that pursues agricultural activities;

"produce" means produce derived from agricultural work, shellfish, fish or products derived from shellfish or fish;

"Seasonal Agricultural Workers Scheme" means a scheme operated by Work Permits UK, part of the Home Office, which allows farmers and growers in the United Kingdom to recruit overseas workers to undertake work that is both seasonal and agricultural;

"share farming agreement" means an agreement entered into between two or more persons to share the gross receipts of —

(a) their separate business assets; or

(b) services for carrying out specified farming operations,

as divided between them and paid to the businesses in agreed proportions;

"wholesale establishment" means a facility operated solely for the purpose of selling produce for the purposes of resale or to a catering establishment, and includes a cash and carry warehouse.

     2. The supply or use of a worker to process or pack produce if the worker is supplied to —

(a) a catering establishment;

(b) a shop or other retail establishment;

(c) a wholesale market;

(d) a wholesale establishment;

(e) a distribution warehouse.

     3. The supply of a worker to process or pack a product which includes a derivative of produce but where the product being packed is not a food product, pet food product or a product which is primarily an agricultural, fish or shellfish product.

     4. The supply of a worker for agricultural work by a farmer (A) to another farmer (B) where—

(a) the supply is to do work on a farm which is the subject of a share farming agreement between A and B; or

(b) the total hours the worker works for B are not more than twenty per cent of the total hours he worked for A in the three months immediately preceding the commencement of the period of work undertaken for B; or

(c) the worker has been supplied to A by a person (C) who acts as a gangmaster in making that supply, and the supply by A—


(i) is made with C's agreement to the nature of the work to be undertaken for B; and

(ii) is a one-off arrangement of less than two weeks.

     5. The use of a worker for agricultural work by a farmer (A) in connection with services provided by him to another farmer (B) where—

(a) the services provided involve a one-off arrangement of less than two weeks; and

(b) the total hours the worker works delivering services to B are not more than twenty per cent of the total hours he worked for A in the three months immediately preceding the commencement of the delivery of services to B; or

(c) the worker has been supplied to A by a person (C) who acts as a gangmaster in making that supply, and the use of the worker to deliver services by A is made with C's agreement to the nature of the services to be provided to B.

     6. The supply of a worker by a farmer to a contractor to operate machinery supplied by that contractor for the purpose of undertaking agricultural work for that farmer.

     7. The supply of a worker by a sole operator in the Seasonal Agricultural Workers Scheme to another Seasonal Agricultural Workers Scheme operator.

     8. The use of a worker, for agricultural work by a service provider to provide a service to a farmer—

(a) where the service involves the use of machinery owned or hired by the service provider; and

(b) the worker is employed by the service provider to operate or to support the operation of that machinery.

     9. —(1) The use of a worker by a service provider, in connection with a food and drink processing and packaging service provided to a service user, where the service provider—

(a) is the worker's employer;

(b) owns, hires or leases any equipment, tools or machinery used by the worker which are necessary to carry out the service; and

(c) owns or leases the premises where the work is carried out.