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ion omaintenanceoperations,
(iii) the carrying on by the organisation of any other activity on a commercial basis,
or
(iv) the use or keeping by the organisation of any plant, vehicle or other thing;
(d) a duty owed to a person who, by reason of being a person within subsection (2), is
someone for whose safety the organisation is responsible.
(2) A person is within this subsection if–
(a) he is detained at a custodial institution or in a custody area at a court or police station;
(b) he is detained at a removal centre or short–term holding facility;
(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.
Corporate Manslaughter and Corporate Homicide Act 2007 Page 2
(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 particularindividual 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 beingowed by one person to another by reason of the fact that they are jointly engaged in unlawfulconduct;
(b) any such rule that has the effect of preventing a duty of care from being owed to aperson by reason of his acceptance of a risk of harm.
(7) In this section–“construction or maintenance operations” means operations of any of the followingdescriptions–
(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 renderingcomplete, 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
(iii) article 11 of the Mental Health (Care and Treatment) (Scotland) Act
2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078);
(c) a person who is detained in any premises, or is otherwise in custody, under the
Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or Part 6 of the
Criminal Procedure (Scotland) Act 1995 (c. 46) or who is detained in a hospitalunder sect