There are two very important principles to grasp.
1) We are discussing things ONLY in the context of Schedule 4.
2)
The cable can't be separated from the "work which consists of adding a socket," since it's a necessary part of that work.
Not disputed. I said as much above: It is "work which consists of adding a socket."
And that work is an atomic operation. Schedule 4 does not recognise anything in the work except adding a socket.
Therefore if the socket is not in a location which makes the adding of it notifiable, the "work which consists of adding a socket" is not notifiable.
I don't understand your bizarre interpretation that the cable somehow becomes part of the socket, and not just part of the overall job.
Why do you think it's bizarre?
After all,
The cable can't be separated from the "work which consists of adding a socket," since it's a necessary part of that work.
It's not that the cable becomes part of the socket, it's that adding it becomes part of the work which consists of adding the socket, and, as you said, it cannot be separated from it. So since Schedule 4 does not recognise anything with more granularity than adding the socket, Schedule 4 is only concerned with the notifiability
of the socket.
If the cable can't be separated from the "work which consists of adding a socket" then neither can its notifiability.
If the socket is not in a location which makes the adding of it notifiable, the "work which consists of adding a socket" is not notifiable. Installing the box is not notifiable. Installing the cable clips is not notifiable. Installing the capping/trunking/conduit (if used) is not notifiable.
Installing the cable is not notifiable.
The clauses in 2(a) & (b) apply to the "work" not just to the socket.
IN THE CONTEXT OF SCHEDULE 4 the only work recognised, the only work identified, the only work given existence, is the adding of the socket.
IN THE CONTEXT OF SCHEDULE 4 adding the socket is an atomic operation.
If the socket is not in a location which makes the adding of it notifiable, the "work which consists of adding a socket" is not notifiable.
Even if it involves "work in a special location," to use your kitchen example?
My example was that of adding a socket in a living room, not in a kitchen.
Adding a socket in a living room is not notifiable, therefore, since it cannot be separated from it, installing the cable which is a necessary part of it is likewise not notifiable.
So you don't think that removing a socket in a kitchen, feeding a new cable to it, connecting to the terminals and replacing the socket constitutes work in a kitchen?
IN THE CONTEXT OF SCHEDULE 4 , if the socket is not being installed in a kitchen then that work is not taking place within a kitchen. It can't be, because the cable can't be separated from the "work which consists of adding a socket," since it's a necessary part of that work.
And you've already agreed that to make any sense whatsoever, "work which consists of adding a socket" is implicitly including the cable and any other necessary items.
Absolutely.
And by exactly the same reasoning, for the determination of notifiability by Schedule 4, adding the cable and any other necessary items is implicitly included in the determination of the notifiability of the socket. Therefore if the socket is not in a location which makes the adding of it notifiable, the "work which consists of adding a socket" is not notifiable.
That doesn't mean that every item installed as part of the job is in the living room though.
IN THE CONTEXT OF SCHEDULE 4 it is. Schedule 4 does not recognise anything with more granularity than adding the socket.
IN THE CONTEXT OF SCHEDULE 4 if the socket is in the living room so is the cable.
Yes, to the work. And the clauses in 2(a) & (b) apply to the work, i.e. the entire job.
Absolutely.
To the entire job. Which has a single aspect of existence - the adding of the socket.
The job is atomic. Adding the cable can't be separated from the "work which consists of adding a socket.
Adding the socket is all that exists in Schedule 4, everything else is implied. So the notifiability of everything else is implied by the notifiability of the socket.
I don't think either your view of this situation or mine makes schedule 4 "work" as a whole.
Actually mine does.
It makes it work
IN THE CONTEXT OF ITSELF.
I know you think I'm wrong, but
try working Schedule 4 the way I suggest and you'll see that it does work.
I've said consistently that the cable is a necessary part of the work which consists of adding the socket. That doesn't make it an item which is indistinguishable from the socket itself.
IN THE CONTEXT OF SCHEDULE 4 it does.
Even if the cable actually starts in a kitchen and runs through a hallway and living room to reach the bedroom? And you say that the cable is therefore in the bedroom, simply because the socket it feeds is in the bedroom? Do you have any idea how ridiculous that sounds?
It does not sound at all ridiculous to me
IN THE CONTEXT OF SCHEDULE 4.
If it sounds ridiculous to you that's because you aren't looking at it
IN THE CONTEXT OF SCHEDULE 4.
Schedule 4 does not have to bear any relationship to real life.
It does not have to bear any relationship to what those who wrote it
thought they were writing, and since, as many people have observed, we cannot try to guess what they intended we can only work with what they wrote.
Schedule 4 is a machine which makes a determination of the notifiability of the work. If what it makes is not what the people who built it wanted it to make then that is 100% their fault, not ours. And until they build a different machine, something which they could have done on any of 10 occasions in the last 5 years but chose not to, they will have to put up with what it makes in its current form.
All we can do is to work it, and see what it makes. If we work it in way which breaks it, we are working it the wrong way. If we find a way to work it which does not break it then that must be the right way.
