Employers' Liability (Compulsory Insurance) Act 1969



Employers' Liability(Compulsory Insurance)Act 1969

1969 CHAPTER 57

An Act to require employers to insure against their liability for personal injury to their employees; and for purposes connected with the matter aforesaid.

[22nd October 1969]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Insurance against liability for employees.

1 Insurance against liability for employees.

(1) Except as otherwise provided by this Act, every employer carrying on any business in Great Britain shall insure, and maintain insurance, under one or more approved policies with an authorised insurer or insurers against liability for bodily injury or disease sustained by his employees, and arising out of and in the course of their employment in Great Britain in that business, but except in so far as regulations otherwise provide not including injury or disease suffered or contracted outside Great Britain.

(2) Regulations may provide that the amount for which an employer is required by this Act to insure and maintain insurance shall, either generally or in such cases or classes of case as may be prescribed by the regulations, be limited in such manner as may be so prescribed.

(3) For the purposes of this Act—

(a ) ‘approved policy’ means a policy of insurance not subject to any conditions or exceptions prohibited for those purposes by regulations;

(b ) ‘authorised insurer’ means a person or body of persons lawfully carrying on in Great Britain insurance business of any class relevant for the purposes of Part II of the Companies Act 1967 and issuing the policy or policies in the course thereof;

(c ) ‘business’ includes a trade or profession, and includes any activity carried on by a body of persons, whether corporate or unincorporate;

(d ) except as otherwise provided by regulations, an employer not having a place of business in Great Britain shall be deemed not to carry on business there.

S-2 Employees to be covered.

2 Employees to be covered.

(1) For the purposes of this Act the term ‘employee’ means an individual who has entered into or works under a contract of service or apprenticeship with an employer whether by way of manual labour, clerical work or otherwise, whether such contract is expressed or implied, oral or in writing.

(2) This Act shall not require an employer to insure—

(a ) in respect of an employee of whom the employer is the husband, wife, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother or half-sister; or

(b ) except as otherwise provided by regulations, in respect of employees not ordinarily resident in Great Britain.

S-3 Employers exempted from insurance.

3 Employers exempted from insurance.

(1) This Act shall not require any insurance to be effected by—

(a ) any such authority as is mentioned in subsection (2) below; or

(b ) any body corporate established by or under any enactment for the carrying on of any industry or part of an industry, or of any undertaking, under national ownership or control; or

(c ) in relation to any such cases as may be specified in the regulations, any employer exempted by regulations.

(2) The authorities referred to in subsection (1)(a ) above are the Common Council of the City of London, the Greater London Council, the council of a London borough, the council of a county, county borough or county district in England or Wales, a county, town or district council in Scotland, any joint board or joint committee in England and Wales or joint committee in Scotland which is so constituted as to include among its members representatives of any such council, and any police authority.

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