Provisions the documents cite: s.1(1)–(4) (the rules replace the common law; who are occupiers and visitors; structures and property; access-land users not visitors), s.2(1)–(6) (the common duty of care: children, people exercising a calling, warnings, independent contractors, risks willingly accepted, entry under a right conferred by law), s.8(2) (extent)
What it requires
The Act's rules replace the common law on the duty an occupier of premises owes to visitors for dangers due to the state of the premises or to things done or omitted to be done on them; occupiers and visitors are those who would at common law be an occupier and invitees or licensees, and the rules also apply to a person occupying or controlling a fixed or moveable structure and to damage to property; a person entering in exercise of rights under s.2(1) of the Countryside and Rights of Way Act 2000, or under an access agreement or order under the National Parks and Access to the Countryside Act 1949, is not a visitor (s.1). An occupier owes the same duty, the common duty of care, to all visitors, except so far as it is free to and does extend, restrict, modify or exclude that duty by agreement or otherwise (s.2(1)). The common duty of care is to take such care as in all the circumstances is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which they are invited or permitted to be there (s.2(2)). The circumstances include the care to be expected of the visitor: an occupier must be prepared for children to be less careful than adults, and may expect a person exercising a calling to appreciate and guard against the risks ordinarily incident to it, so far as the occupier leaves them free to do so (s.2(3)). A warning does not without more absolve the occupier unless in all the circumstances it was enough to enable the visitor to be reasonably safe; and where damage is caused by a danger due to faulty construction, maintenance or repair work by an independent contractor, the occupier is not without more answerable if it acted reasonably in entrusting the work to an independent contractor and took such steps as it reasonably ought to satisfy itself that the contractor was competent and the work properly done (s.2(4)). No obligation is owed for risks willingly accepted by the visitor (s.2(5)), and people entering under a right conferred by law are treated as permitted to be there (s.2(6)). The Act does not extend to Scotland, nor to Northern Ireland except so far as it extends the powers of the Parliament of Northern Ireland (s.8(2)). The duty to people other than visitors is in the Occupiers' Liability Act 1984 (register entry ola-1984).
The instrument itself: https://www.legislation.gov.uk/ukpga/Eliz2/5-6/31. The summary above is our plain-English reading, not the text of the instrument — always work from the source.
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The 1 document that cite it
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