Page:Corporate Manslaughter and Corporate Homicide Act 2007.pdf/5

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19) :(c) he is being transported in a vehicle, or being held in any premises, in pursuance of prison escort arrangements or immigration escort arrangements;
 * (d) he is living in secure accommodation in which he has been placed;
 * (e) he is a detained patient.

(3) Subsection (1) is subject to sections 3 to 7.

(4) A reference in subsection (1) to a duty owed under the law of negligence includes a reference to a duty that would be owed under the law of negligence but for any statutory provision under which liability is imposed in place of liability under that law.

(5) For the purposes of this Act, whether a particular organisation owes a duty of care to a particular individual is a question of law.

The judge must make any findings of fact necessary to decide that question.

(6) For the purposes of this Act there is to be disregarded—
 * (a) any rule of the common law that has the effect of preventing a duty of care from being owed by one person to another by reason of the fact that they are jointly engaged in unlawful conduct;
 * (b) any such rule that has the effect of preventing a duty of care from being owed to a person by reason of his acceptance of a risk of harm.

(7) In this section—
 * “construction or maintenance operations” means operations of any of the following descriptions—
 * (a) construction, installation, alteration, extension, improvement, repair, maintenance, decoration, cleaning, demolition or dismantling of—
 * (i) any building or structure,
 * (ii) anything else that forms, or is to form, part of the land, or
 * (iii) any plant, vehicle or other thing;
 * (b) operations that form an integral part of, or are preparatory to, or are for rendering complete, any operations within paragraph (a);
 * “custodial institution” means a prison, a young offender institution, a secure training centre, a young offenders institution, a young offenders centre, a juvenile justice centre or a remand centre;
 * “detained patient” means—
 * (a) a person who is detained in any premises under—
 * (i) Part 2 or 3 of the Mental Health Act 1983 (c. 20) (“the 1983 Act”), or
 * (ii) Part 2 or 3 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (“the 1986 Order”);
 * (b) a person who (otherwise than by reason of being detained as mentioned in paragraph (a)) is deemed to be in legal custody by—
 * (i) section 137 of the 1983 Act,
 * (ii) Article 131 of the 1986 Order, or