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Amendment of section 531 (payments to subcontractors in certain industries) of Principal Act.
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35.— (1) Section 531 of the Principal Act is amended—
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(a) by inserting the following after subsection (2):
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“(2A) (a) Subject to paragraph (b), a person shall be deemed not to be a principal of a kind specified in subsection (1)(c) where the following conditions are met—
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(i) in the performance of a relevant contract, the person makes a payment to a subcontractor solely in connection with construction operations carried out in or on buildings or land to be used or occupied by such person or the employees of such person, and
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(ii) the person does not carry on a business of the type mentioned in subsection (1)(b)(i).
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(b) Where a person is a principal of a kind specified in subsection (1)(c) by reason of the fact that such person is connected with a company carrying on a business of the type mentioned in subsection (1)(b)(i), paragraph (a) shall apply only where in addition to the conditions specified in that paragraph such person is a company.”,
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and
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(b) in subsection (6)(b)(i) by inserting “(other than where one of such persons comes within a class or classes of persons as may be specified in the regulations)” after “by the persons who intend to enter into such a contract”.
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(2) Subsection (1) has effect as on and from the date of passing of this Act.
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