Safety, Health and Welfare at Work (General Application) Regulations 2007

Agreements as to a premises used as a place of work.

26

26. (1) If, by reason of an agreement between the owner of a premises used as a place of work and an employer, the owner or employer is prevented from carrying out any structural or other alterations in the premises which are necessary to enable the employer to comply with these Regulations,

(a) the owner or employer may apply to the Circuit Court for an order under this Regulation, and

(b) the Court, after hearing the parties and any witnesses whom they desire to call, may make an order setting aside or modifying the terms of the agreement, as the Court considers appropriate in the circumstances of the case.

(2) Where, in any premises, the whole or any part of which has been let as a place of work,

(a) any structural or other alterations are required in order to comply with any provision of these Regulations, and

(b) the owner or employer, as the case may be, alleges that the whole or any part of the expenses of the alterations ought to be borne by the employer or owner,

the owner or employer may apply to the Circuit Court for an order under this Regulation and, after hearing the parties and any witnesses whom they desire to call, the Court—

(i) may make such an order concerning the expenses, or their apportionment, as the Court considers appropriate in the circumstances of the case, regard being had to the terms of any contract between the parties, or,

(ii) in the alternative, at the request of the owner or employer, may determine the lease on such terms, having regard to the provisions of the lease, as the Court considers appropriate.