The Housing Grants Act does not apply to certain specified activities, for instance, “assembly, installation or demolition of plant or machinery,....on a site where the primary activity is ...nuclear processing, power generation or water or effluent treatment...” But does this exclusion, under s.105(2)(c)(i), apply to subcontracts for enabling and civils works?

Previous case law on the issue was divided but Mr Justice Ramsey has now decided that s.105(2)(c)(i) should be narrowly construed, to exclude only the specific operations identified. Which means that a contractor’s operations may fall outside the Act but its subcontractor’s activities, for example the enabling or civils works in the case in question, may fall within it.

North Midland Construction Plc v A E & E Lentjes UK Ltd [2009] EWHC 1371