IQ, Live testing is considered working live by the HSE in HSR25.
EAWR 1989, Regulation 14, is absolute (no deviation allowed, and work is defined as any work activity not just electrical), therefore ALL three of the following conditions, in ALL circumstances must be met before a person may work live.
"Regulation 14, Work on or near live conductors.
No person shall be engaged in any work activity on or near any live conductor (other than one suitably covered with insulating material so as to prevent danger) that danger may arise unless:
a) it is unreasonable in ALL the circumstances for it to be made dead; and.....It could be argued that a Zs test is required and cant be completed dead
b) it is reasonable in ALL the circumstances for him to be at work on or near it while it is live; and..It is if he is competant to be in the proximity.
c) suitable precautions (including where necessary the provision of suitable protective equipment) are taken to prevent injury....Using an approved ELI tester in the correct manner is surely taking suitable precautions using approved safety equipment
HSR25 Memorandum of guidance on the EARW 1989, Regulation 14 guidance paragraph 208, states "Live work includes live testing ... ".