(1)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(6)A person who contravenes any provision of regulations under this section shall be guilty of an offence.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Textual Amendments
F1Ss. 1(1)–(5)(7), 2(2) repealed with saving by S.I. 1975/46, reg. 5, Sch. 1
Textual Amendments
F2S. 2 repealed (1.1.1993) by S.I. 1992/2793, reg. 8(1), Sch. 2 Pt.I
(1)If it appears to [F4the Health and Safety Executive] that an agricultural unit . . . F5 on which workers are employed in agriculture is without suitable and sufficient sanitary conveniences available for the use of workers so employed, [F4the Executive] shall, by notice to the appropriate person, require him, within such time as may be specified in the notice, to execute such works or take such other steps for the purpose of providing the unit with suitable and sufficient sanitary conveniences available for the use of workers employed thereon in agriculture as may be specified in the notice.
(2)If it appears to the [F6Health and Safety Executive] that an agricultural unit on which workers are employed in agriculture is without suitable and sufficient washing facilities available for the use of workers so employed, the [F6Health and Safety Executive] shall, by notice to the appropriate person, require him, within such time as may be specified in the notice, to execute such works or take such other steps for the purpose of providing the unit with suitable and sufficient washing facilities available for the use of workers employed thereon in agriculture as may be specified in the notice.
(3)In considering, for the purposes of this section, whether an agricultural unit is or is not without suitable and sufficient sanitary conveniences available for the use of workers employed on the unit in agriculture or, as the case may be, is or is not without suitable and sufficient washing facilities for the use of workers so employed, regard shall be had to the number and sex of the workers so employed, the location and duration of their work and all other relevant circumstances.
(4)A notice under this section requiring the execution of works involving the provision of fixed equipment must specify the place where the works are to be executed.
(5)[F7The Health and Safety Executive shall not serve] a notice under this section requiring the execution of works involving the provision of fixed equipment unless [F7it is satisfied] that special circumstances exist which render requisite the provision of such equipment, and no such notice shall be of any effect unless it states that . . . F8[F9the Executive] is, so satisfied and what those circumstances are.
(6)For the purposes of this section the expression “appropriate person” means—
(a)in the case of a notice requiring the execution, on land comprised in an agricultural holding, of works involving the provision of fixed equipment, the landlord of the holding;
(b)in any other case, the occupier of the unit to which the notice relates.
(7)A person aggrieved by a notice under this section requiring him to execute works involving the provision of fixed equipment may, within twenty-eight days from the service of the notice, appeal to a magistrates’ court on any of the following grounds which are appropriate to the circumstances of the case, namely—
(a)[F7that the Health and Safety Executive has] refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary;
(b)that it is unreasonable to require the execution of the works at the place specified in the notice;
(c)that the time within which the works are to be executed is not reasonable for the purpose;
and the court may make such order either confirming or quashing or varying the notice as it thinks fit.
(8)A person aggrieved by a decision of a magistrates’ court under this section may appeal to [F10the Crown Court].
(9)Subject to the rights of appeal conferred by the foregoing provisions of this section and (where an appeal is brought in exercise of any such right) to any order made by the court on the appeal, a person upon whom a notice is served under this section who fails to comply with the requirements of the notice shall be guilty of an offence:
Provided that, in any proceedings under this subsection for an offence consisting in a failure to comply with the requirements of a notice other than one to which subsection (7) of this section applies, it shall be open to the defendant to question the reasonableness of the requirements of the notice.
[F11(10)Section nine of the Agricultural Holdings Act, 1948 (which provides for increasing the rent of an agricultural holding upon which the landlord has executed improvements in the circumstances mentioned in subsection (1) of that section) shall have effect as if, in that subsection, the reference to works for the supply of water to the holding included a reference to works executed thereon for the purpose of complying with the requirements of a notice under this section.]]
Textual Amendments
F3S. 3 repealed (1.1.1993 with respect to certain premises and 1.1.1996 with respect to certain further premises) by S.I. 1992/3004, regs. 1(2)(3), 2, 3, 27, Sch. 2 Pt. I
F4Words substituted by S.I. 1977/746, Sch. 2
F5Words repealed by S.I. 1977/746, Sch. 2
F6Words substituted by S.I. 1976/1247, Sch. 2
F7Words substituted by S.I. 1977/746, Sch. 2
F8Words repealed by S.I. 1977/746, Sch. 2
F9Words substituted by S.I. 1976/1247, Sch. 2
F10Words substituted by Courts Act 1971 (c. 23, SIF 37), s. 56(2), Sch. 9 Pt. I
F11S. 3(10) repealed (E.W.) by Agricultural Holdings Act 1984 (c. 41, SIF 2:3), Sch. 4
Modifications etc. (not altering text)
C1The text of s. 3(10) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Textual Amendments
F12S. 4 repealed with saving by S.I. 1975/46, reg. 5, Sch. 1
(1)If it appears to [F14the Health and Safety Executive] that a sanitary convenience provided for the use of workers employed in agriculture on an agricultural unit . . . F15 (being a convenience provided on the unit or provided in pursuance of regulations under the last foregoing section elsewhere) is not being properly maintained or is not being kept clean, they shall, by notice to the occupier of the unit (or, where the convenience is provided in pursuance of such regulations as aforesaid, to the person who provided it) require him, as the case may be, to take, within such time as may be specified in the notice, such steps for the purpose of securing the proper maintenance of the convenience as may be so specified or to cleanse the convenience forthwith.
(2)A person who fails to comply with the requirements of a notice under this section shall be guilty of an offence:
Provided that, in any proceedings under this subsection for an offence consisting in a failure to comply with the requirements of a notice requiring the taking of steps for the purpose of securing the proper maintenance of a convenience, it shall be open to the defendant to question the reasonableness of the requirements of the notice.]
Textual Amendments
F13S. 5 repealed (1.1.1993 with respect to certain premises and 1.1.1996 with respect to certain further premises) by S.I. 1992/3004, regs. 1(2)(3), 2, 3, 27, Sch. 2 Pt. I
F14Words substituted by S.I. 1977/746, Sch. 2
F15Words repealed by S.I. 1977/746, Sch. 2
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
Textual Amendments
F16S. 6(1) repealed by S.I. 1981/917, Sch. 1
F17S. 6(2)(3) repealed with saving by S.I. 1975/46, reg. 5, Sch. 1
F18S. 6(4) repealed by S.I. 1981/917, Sch. 1