The Scheme: primary legislation: section 58
This section provides a definition of a subcontractor.
A person is a subcontractor if, under the terms of a contract for construction operations,they
- are under a duty to carry out construction operations, that is, are under a contractual obligation to execute operations specified in the contract (for example, a construction concern commissioned to erect a building): FA04/S58 (a)
- furnish their own labour for carrying out construction operations (for example, a labour- only subcontractor): FA04/S58 (a)
- if a company, furnish the labour of the employees or officers of the company for carrying out construction operations (for example, a company supplying the personal services of its principals or employees): FA04/S58 (a)
- furnish the labour of other parties for carrying out construction operations (for example, a gang-leader or labour agency): FA04/S58 (a)
- are answerable to the contractor for the carrying out of construction operations by others (for example, developers and site managers): FA04/S58 (b)