- financing its acquisition by the customer from a third person (referred to in this subsection as the effective supplier),
the effective supplier shall be treated for the purposes of this section as supplying the machinery or equipment to the customer instead of the ostensible supplier, and any duty imposed by subsection (1) on a supplier shall accordingly apply to the effective supplier, and not on the ostensible supplier.
(5) Where a person designs, manufactures or supplies any machinery, equipment or hazardous substance for use at work and does so for or to another on the basis of a written undertaking by that other to take specified steps sufficient to ensure, so far as is reasonably practicable, that the machinery, equipment or hazardous substance will be safe and without risk to health when properly used, the undertaking shall have the effect of relieving the first-mentioned person from the duty imposed by subsection (1)(b) to such extent as is reasonable having regard to the terms of the undertaking.
(6) Any person required under subsection (1)(c) to ensure that any machinery, equipment or hazardous substance is examined and tested so as to comply with the obligation imposed by subsection (1)(b) shall be regarded as having complied with subsection (1)(c) to the extent that—
- (a) the examination or test has already been carried out otherwise than by, or on behalf of, the person; and
- (b) it is reasonable for the person to rely on that examination or test.
(7) For the purposes of this section, an absence of safety, or a risk to health, shall be disregarded in so far as the case in or in relation to which it would arise is shown to be one the occurrence of which could not reasonably be foreseen.
(8) In this section, “supplier”, in relation to any machinery, equipment or hazardous substance, does not include a manufacturer of those items when supplying, but includes an importer when supplying those items.
(9) This section shall apply only to machinery, equipment or hazardous substance specified in the Fifth Schedule.
