(1) This Act, except for Part 2A, applies when—
(a) an employer or principal (person A) places an employee (the loaned employee) at the disposal of another person (person B, being an employer or a self-employed person) to do work for person B; and
(b) there is no contractual relationship between person A and person B regarding the work to be performed by the loaned employee.
(2) For the purposes of this Act,—
(a) a loaned employee must be treated as if he or she were an employee of person B (instead of person A) while the loaned employee is working for person B; and
(b) person A has a duty to ensure that the loaned employee is capable of doing the proposed work safely and that person B is aware of person B's duties under this Act; and
(c) person B must be treated as if person B were the employer of the loaned employee (instead of person A) while the loaned employee is working for person B; and
(d) the loaned employee must be treated as if he or she were at work when doing work for person B.
Section 3F: inserted, on 5 May 2003, by section 6 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).