Factories Act 1961

Legislation Crest

Factories Act 1961

1961 CHAPTER 34 9 and 10 Eliz 2

An Act to consolidate the Factories Acts 1937 to 1959 and certain other enactments relating to the safety, health and welfare of employed persons.

[22nd June 1961]

Modifications etc. (not altering text)

C2Act (except s. 135) amended by S.I. 1988/1222, regs. 3, 4

C3Act (except s. 135) amended by S.I. 1990/1380, reg. 3

C4Act: except s. 135 saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. and Tay Road Bridge Order Confirmation Act 1991 (c. iv) Sch. Pt. VII, s. 62

C5Act except s. 135 saved by virtue of Health and Safety at Work etc. Act 1974 (c. 37, SIF 43:3), s. 53, Sch. 1 and Highland Regional Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 61(1)(f)

Act restricted (1.10.1993) by S.I. 1993/1897, reg. 40

C6Definition of 'factory' applied (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 58(6), 71-84, 106(9), 162-172, 223(2), Sch. 6, Pt.I, para. 1(2) (with ss. 82(3), 186(1), 222(1), Sch. 14 para.6)

Part IE+W+S Health (General Provisions)

[F11 Cleanliness.E+W+S

(1)Every factory shall be kept in a clean state and free from effluvia arising from any drain, sanitary convenience or nuisance.

(2)Without prejudice to the generality of subsection (1) of this section,—

(a)accumulations of dirt and refuse shall be removed daily by a suitable method from the floors and benches of workrooms, and from the staircases and passages;

(b)the floor of every workroom shall be cleaned at least once every week by washing or, if it is effective and suitable, by sweeping or other method.

(3)Without prejudice to the generality of subsection (1) of this section but subject to subsection (4) thereof, the following provisions shall apply as respects all inside walls and partitions and all ceilings or tops of rooms, and all walls, sides and tops of passages and staircases, that is to say,—

(a)where they have a smooth impervious surface, they shall at least once in every period of fourteen months be washed with hot water and soap or other suitable detergent or cleaned by such other method as may be approved by the inspector for the district;

(b)where they are kept painted in a prescribed manner or varnished, they shall be repainted in a prescribed manner or revarnished at such intervals of not more than seven years as may be prescribed, and shall at least once in every period of fourteen months be washed with hot water and soap or other suitable detergent or cleaned by such other method as may be approved by the inspector for the district;

(c)in any other case they shall be kept whitewashed or colourwashed and the whitewashing or colourwashing shall be repeated at least once in every period of fourteen months.

(4)Except in a case where the inspector for the district otherwise requires, the provisions of subsection (3) of this section shall not apply to any factory where mechanical power is not used and less than ten persons are employed.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2]

Textual Amendments

F1S. 1 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(1), Sch. 2 Pt. I (with reg. 27(2)).

[F32 Overcrowding.E+W+S

(1)A factory shall not, while work is carried on, be so overcrowded as to cause risk of injury to the health of the persons employed in it.

(2)Without prejudice to the generality of subsection (1) of this section but subject to subsection (3) thereof, the number of persons employed at a time in any workroom shall not be such that the amount of cubic space allowed for each is less than [F411 cubic metres]].

(3)If the chief inspector is satisfied that, owing to the special conditions under which the work is carried on in any workroom in which explosive materials are manufactured or handled, the application of subsection (2) of this section to that workroom would be inappropriate or unnecessary, he may by certificate except the workroom from that subsection subject to any conditions specified in the certificate.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(5)In calculating for the purposes of this section the amount of cubic space in any room no space more than [F44.2 metres] from the floor shall be taken into account and, where a room contains a gallery, the gallery shall be treated for the purposes of this section as if it were partitioned off from the remainder of the room and formed a separate room.

(6)Unless the inspector for the district otherwise allows, there shall be posted in the workroom a notice specifying the number of persons who, having regard to the provisions of this section, may be employed in that room.

Textual Amendments

F3S. 2 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(1), Sch. 2 Pt.I (with reg. 27(2)).

F4Words substituted by S.I. 1983/978, regs. 3, 4, Sch. 1

[F63 Temperature.E+W+S

(1)Effective provision shall be made for securing and maintaining a reasonable temperature in each workroom, but no method shall be employed which results in the escape into the air of any workroom of any fume of such a character and to such extent as to be likely to be injurious or offensive to persons employed therein.

(2)In every workroom in which a substantial proportion of the work is done sitting and does not involve serious physical effort a temperature of less than [F716 degrees Celsius]] shall not be deemed, after the first hour, to be a reasonable temperature while work is going on, and at least one thermometer shall be provided and maintained in a suitable position in every such workroom.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F6S. 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(1), Sch. 2 Pt. I (with reg. 27(2)).

F7Words substituted (with saving) by S.I. 1983/978, regs. 3, 4, Sch. 1

[F94 Ventilation.E+W+S

(1)Effective and suitable provision shall be made for securing and maintaining by the circulation of fresh air in each workroom the adequate ventilation of the room . . . F10.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11]

Textual Amendments

F9S. 4 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(1), Sch. 2 Pt.I (with reg. 27(2)).

[F125 Lighting.E+W+S

(1)Effective provision shall be made for securing and maintaining sufficient and suitable lighting, whether natural or artificial, in every part of a factory in which persons are working or passing.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(3)Nothing in the foregoing provisions of this section or in any regulations made thereunder shall be construed as enabling directions to be prescribed or otherwise given as to whether any artificial lighting is to be produced by any particular illuminant.

(4)All glazed windows and skylights used for the lighting of workrooms shall, so far as practicable, be kept clean on both the inner and outer surfaces and free from obstruction; but this subsection shall not affect the whitewashing or shading of windows and skylights for the purpose of mitigating heat or glare.]

Textual Amendments

F12S. 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(1), Sch. 2 Pt. I (with reg. 27(2)).

[F146 Drainage of floors.E+W+S

Where any process is carried on which renders the floor liable to be wet to such an extent that the wet is capable of being removed by drainage, effective means shall be provided and maintained for draining off the wet.]

Textual Amendments

F14S. 6 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(1), Sch. 2 Pt.I (with reg. 27(2)).

[F157 Sanitary Conveniences.E+W+S

(1)Sufficient and suitable sanitary conveniences for the persons employed in the factory shall be provided, maintained and kept clean, and effective provision shall be made for lighting them and, where persons of both sexes are or are intended to be employed (except in the case of factories where the only persons employed are members of the same family dwelling there) the conveniences shall afford proper separate accommodation for persons of each sex.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16]

Textual Amendments

F15S. 7 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(1), Sch. 2 Pt.I (with reg. 27(2)).

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17E+W+S

Textual Amendments

9, 10.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W+S

Textual Amendments

[F1910A

(1)If an employment medical adviser is of opinion that there ought, on grounds mentioned in subsection (2) below, to be a medical examination of a person or persons employed in a factory, he may serve on the occupier of the factory a written notice stating that he is of that opinion and requiring that the occupier shall permit a medical examination in accordance with this section of the person or persons in question, and the examination shall be permitted accordingly.

(2)The grounds on which a medical examination of a person may be required by an employment medical adviser’s notice under subsection (1) above are that (in the adviser’s opinion) the person’s health has been or is being injured, or it is possible that it has been, is being or will be injured, by reason of the nature of the work he is or has been called upon to do or may (to the adviser’s knowledge) be called upon to do; and a notice under that subsection may be given with respect to one or more named persons or to persons of a class or description specified in the notice.

(3)A notice under subsection (1) above shall name the place where the medical examination is to be conducted and, if it is a place other than the factory, the day on which and the time at which it is to be begun; and—

(a)every person to whom the notice relates shall be informed, as soon as practicable after service thereof, of the contents thereof and of the fact that he is free to attend for the purpose of submitting to the examination; and

(b)if the notice states that the examination is to be conducted at the factory, suitable accommodation thereat shall be provided for the conduct of the examination.

(4)A medical examination conducted in pursuance of a notice under subsection (1) above shall be begun within seven days after the day on which the notice is served, and shall be conducted by, or in accordance with arrangements made by, an employment medical adviser, and take place at a reasonable time during working hours.

(5)An employment medical adviser may, by written notice served on the occupier of a factory, cancel a notice served on the occupier under subsection (1) above; and a notice which relates to two or more named persons may be cancelled either in relation to them all or in relation to any one or more of them.

(6)In this section, “medical examination” includes pathological, physiological and radiological tests and similar investigations.]

Textual Amendments

[F2011 Power to require medical supervision.E+W+S

(1)Where it appears to the Minister—

(a)that in any factory or class or description of factory—

(i)cases of illness have occurred which he has reason to believe may be due to the nature of a process or other conditions of work; or

(ii)by reason of changes in any process or in the substances used in any process, or by reason of the introduction of any new process or new substance for use in a process, there may be risk of injury to the health of persons employed in that process; or

(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

(b)that there may be risk of injury to the health of persons employed in a factory—

(i)from any substance or material brought to the factory to be used or handled therein; or

(ii)from any change in the conditions of work or other conditions in the factory;

he may make special regulations requiring such reasonable arrangements to be made for the medical supervision (not including medical treatment other than first-aid treatment and medical treatment of a preventive character) of the persons, or any class of the persons, employed at that factory or class or description of factory as may be specified in the regulations.

(2)Where the Minister proposes to exercise his powers under this section in relation to a particular factory and for a limited period, he may exercise those powers by order instead of by special regulations, and any such order shall, subject to subsection (3) of this section, cease to have effect at the expiration of such period not exceeding six months from the date when it comes into operation as may be specified in the order.

(3)The Minister may by subsequent order or orders extend the said period, but if the occupier of the factory by notice in writing to him objects to any such extension, the original order shall cease to have effect as from one month after the service of the notice, without prejudice to the making of special regulations in relation to the factory.]

Textual Amendments

F20S. 11 repealed by S.I. 1974/1941, reg. 7, Sch. 1 except in so far as it enables orders to be made otherwise than by statutory instrument

Modifications etc. (not altering text)

C7Reference to Minister in s. 11(2) to be construed as reference to the Health and Safety Executive: S.I. 1974/1941, reg. 7, Sch. 1

Part IIE+W+S Safety (General Provisions)

F2212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F22S. 12 repealed (1.1.1993 to certain extent and 1.1.1997 fully in force) by S.I. 1992/2932, regs. 1(2)(3), 2, 27(1), Sch. 2 Pt.I (with reg. 27(2)).

F2313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F23S. 13 repealed (1.1.1993 to certain extent and 1.1.1997 fully in force) by S.I. 1992/2932, regs. 1(2)(3), 2, 27(1), Sch. 2 Pt.I (with reg. 27(2)).

F2414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F24S. 14 repealed (1.1.1993 to certain extent and 1.1.1997 fully in force) by S.I. 1992/2932, regs. 1(2)(3), 2, 27(1), Sch. 2 Pt.I (with reg. 27(2)).

F2515. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F25S. 15 repealed (1.1.1993 to certain extent and 1.1.1997 fully in force) by S.I. 1992/2932, regs. 1(2)(3), 2, 27(1), Sch. 2 Pt.I (with reg. 27(2)).

F2616. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F26S. 16 repealed (1.1.1993 to certain extent and 1.1.1997 fully in force) by S.I. 1992/2932, regs. 1(2)(3), 2, 27(1), Sch. 2 Pt.I (with reg. 27(2)).

F2717. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F27S. 17 repealed (1.1.1993 to certain extent and 1.1.1997 fully in force) by S.I. 1992/2932, regs. 1(2)(3), 2, 27(1), Sch. 2 Pt.I (with reg. 27(2)).

[F2818 Dangerous substances.E+W+S

(1)Every fixed vessel, structure, sump or pit of which the edge is less than [F29920 millimetres]] above the highest ground or platform from which a person might fall into it shall, if it contains any scalding, corrosive or poisonous liquid, either be securely covered or be securely fenced to at least [F29920 millimetres] above that ground or platform, or where by reason of the nature of the work neither secure covering nor secure fencing to that height is practicable, all practicable steps shall be taken by covering, fencing or other means to prevent any person from falling into the vessel, structure, sump or pit.

(2)Where any fixed vessel, structure, sump or pit contains any scalding, corrosive or poisonous liquid but is not securely covered, no ladder, stair or gangway shall be placed above, across or inside it which is not—

(a)at least [F29460 millimetres] wide, and

(b)securely fenced on both sides to a height of at least [F29920 millimetres] and securely fixed.

(3)Where any such vessels, structures, sump or pits as are mentioned in subsection (2) of this section adjoin, and the space between them, clear of any surrounding brick or other work, is less than [F29460 millimetres] in width or is not securely fenced on both sides to a height of at least [F29920 millimetres], secure barriers shall be so placed as to prevent passage between them.

(4)For the purposes of this section a ladder, stair or gangway shall not be deemed to be securely fenced unless it is provided either with sheet fencing or with an upper and a lower rail and toe boards.

(5), (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

Textual Amendments

F28S. 18 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(1), Sch. 2 Pt.I (with reg. 27(2)).

F29Words substituted by S.I. 1983/978, regs. 3, 4, Sch. 1

F3119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F31S. 19 repealed (1.1.1993 to certain extent and 1.1.1997 fully in force) by S.I. 1992/2932, regs. 1(2)(3), 2, 27(1), Sch. 2 Pt.I (with reg. 27(2)).

F3220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F32S. 20 repealed (3.3.1997) by S.I. 1997/135, reg. 3, Sch. Pt. I

F3321. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F33S. 21 repealed (3.3.1997) by S.I. 1997/135, reg. 3, Sch. Pt. I

22 Hoists and lifts—general.E+W+S

(1)Every hoist or lift shall be of good mechanical construction, sound material and adequate strength, and shall be properly maintained.

[F34(2)Every hoist or lift shall be thoroughly examined by a competent person at least once in every period of six months and a record of every such thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations 1992, shall be made within twenty-eight days, and any such record shall be kept and the particulars in it shall be available for inspection as if it formed part of the general register.]

[F35(3)Where the thorough examination shows that the hoist or lift cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time, the person who authenticates the record shall within twenty-eight days of the completion of the thorough examination send a copy of the particulars contained in the record to an inspector appointed by the Health and Safety Executive under section 19 of the Health and Safety at Work etc. Act 1974 who is authorised for the purposes of this provision.]

(4)Every hoistway or liftway shall be efficiently protected by a substantial enclosure fitted with gates, and the enclosure shall be such as to prevent, when the gates are shut, any person falling down the way or coming into contact with any moving part of the hoist or lift.

(5)Any such gate shall, subject to subsection (6) of this section and to section twenty-five of this Act, be fitted with efficient interlocking or other devices to secure that the gate cannot be opened except when the cage or platform is at the landing and that the cage or platform cannot be moved away from the landing until the gate is closed.

(6)If in the case of a hoist or lift constructed or reconstructed before the thirtieth day of July, nineteen hundred and thirty-seven, it is not reasonably practicable to fit it with such devices as are mentioned in subsection (5) of this section, it shall be sufficient if the gate—

(a)is provided with such arrangements as will secure the objects of that subsection so far as is reasonably practicable, and

(b)is kept closed and fastened except when the cage or platform is at rest at the landing.

(7)Every hoist or lift and every such enclosure as is mentioned in subsection (4) of this section shall be so constructed as to prevent any part of any person or any goods carried in the hoist or lift from being trapped between any part of the hoist or lift and any fixed structure or between the counterbalance weight and any other moving part of the hoist or lift.

(8)There shall be marked conspicuously on every hoist or lift the maximum working load which it can safely carry, and no load greater than that load shall be carried on any hoist or lift.

Textual Amendments

F34S. 22(2) substituted (30.4.1992) by S.I. 1992/195, reg. 5, Sch. 2 para. 3(a).

F35S. 22(3) substituted (30.4.1992) by S.I. 1992/195, reg. 5, Sch. 2 para. 3(b).

Modifications etc. (not altering text)

C8S. 22(2) amended (30.4.1992) by S.I. 1992/195, reg. 2, Sch. 1 Pt.II.

23 Hoists and lifts used for carrying persons.E+W+S

(1)The following additional requirements shall apply to hoists and lifts used for carrying persons, whether together with goods or otherwise:—

(a)efficient automatic devices shall be provided and maintained to prevent the cage or platform overrunning;

(b)every cage shall on each side from which access is afforded to a landing be fitted with a gate, and in connection with every such gate efficient devices shall be provided to secure that, when persons or goods are in the cage, the cage cannot be raised or lowered unless the gate is closed, and will come to rest when the gate is opened.

(2)In the case of a hoist or lift constructed or reconstructed before the thirtieth day of July, nineteen hundred and thirty-seven, in connection with which it is not reasonably practicable to provide such devices as are mentioned in paragraph (b) of subsection (1) of this section it shall be sufficient if—

(a)such arrangements are provided as will secure the objects of that paragraph so far as is reasonably practicable; and

(b)the gate is kept closed and fastened except when the cage is at rest or empty.

(3)In the case of a hoist or lift used as mentioned in subsection (1) of this section which was constructed or reconstructed after the twenty-ninth day of July, nineteen hundred and thirty-seven, where the platform or cage is suspended by rope or chain, there shall be at least two ropes or chains separately connected with the platform or cage, each rope or chain and its attachments being capable of carrying the whole weight of the platform or cage and its maximum working load, and efficient devices shall be provided and maintained which will support the platform or cage with its maximum working load in the event of a breakage of the ropes or chains or any of their attachments.

24 Teagle openings and similar doorways.E+W+S

(1)Every teagle opening or similar doorway used for hoisting or lowering goods or materials, whether by mechanical power or otherwise, shall be securely fenced and shall be provided with a secure hand-hold on each side.

(2)The fencing shall be properly maintained and shall, except when the hoisting or lowering of goods or materials is being carried on at the opening or doorway, be kept in position.

25 Exceptions and provisions supplementary to ss. 22–24.E+W+S

(1)For the purposes of sections twenty-two and twenty-three of this Act, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage the direction of movement of which is restricted by a guide or guides.

(2)Subsections (3) to (8) of section twenty-two and section twenty-three of this Act shall not apply in the case of a continuous hoist or lift, and in such a case subsection (2) of the said section twenty-two shall have effect as if for the reference to six months there were substituted a reference to twelve months.

(3)Subsections (5) and (6) of the said section twenty-two and the said section twenty-three shall not apply in the case of a hoist or lift not connected with mechanical power; and in such a case—

(a)subsection (2) of the said section twenty-two shall have effect as if for the reference to six months there were substituted a reference to twelve months; and

(b)any gates to be fitted under subsection (4) of the said section twenty-two shall be kept closed and fastened except when the cage or platform is at rest at the landing.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

Textual Amendments

26 Chains, ropes and lifting tackle.E+W+S

(1)The following provisions shall be complied with as respects every chain, rope or lifting tackle used for the purpose of raising or lowering persons, goods or materials:—

(a)no chain, rope or lifting tackle shall be used unless it is of good construction, sound material, adequate strength and free from patent defect;

(b)subject to subsection (2) of this section, a table showing the safe working loads of every kind and size of chain, rope or lifting tackle in use, and, in the case of a multiple sling, the safe working load at different angles of the legs, shall be posted in the store in which the chains, ropes or lifting tackle are kept, and in prominent positions on the premises, and no chain, rope or lifting tackle not shown in the table shall be used;

(c)no chain, rope or lifting tackle shall be used for any load exceeding its safe working load as shown by the table mentioned in paragraph (b) of this subsection or marked as mentioned in subsection (2) of this section;

(d)all chains, ropes and lifting tackle in use shall be thoroughly examined by a competent person at least once in every period of six months or at such greater intervals as the Minister may prescribe;

[F37(e)no chain, rope or lifting tackle, except a fibre rope or a fibre rope sling, shall be taken into use in any factory for the first time in that factory, unless it has been tested and thoroughly examined by a competent person and a record of the test and thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations 1992, has been obtained and the particulars in that record are kept available for inspection;]

(f)every chain and lifting tackle except a rope sling shall, unless of a class or description exempted by certificate of the chief inspector upon the ground that it is made of such material or so constructed that it cannot be subjected to heat treatment without risk of damage or that it has been subjected to some form of heat treatment (other than annealing) approved by him, be annealed at least once in every fourteen months or, in the case of chains or slings of [F3813 millimetres] bar or smaller, or chains used in connection with molten metal or molten slag, in every six months, except that chains and lifting tackle not in regular use need be annealed only when necessary;

[F39(g)a record containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations 1992, shall be kept in respect of all such chains, ropes or lifting tackle, except fibre rope slings.]

(2)Paragraph (b) of subsection (1) of this section shall not apply in relation to any lifting tackle if its safe working load or, in the case of a multiple sling, the safe working load at different angles of the legs is plainly marked upon it.

(3)In this section “lifting tackle” means chain slings, rope slings, rings, hooks, shackles and swivels.

Textual Amendments

F38Words substituted by S.I. 1983/978, regs. 3, 4, Sch. 1

Modifications etc. (not altering text)

C9S. 26(1) restricted (1.1.1993) by S.I. 1992/3073, reg. 33(2)(a)(i).

C10S. 26(1)(e) amended (30.4.1992) by S.I. 1992/195, reg. 2, Sch. 1 Pt.I.

C11S. 26(1)(g) amended (30.4.1992) by S.I. 1992/195, reg. 2(3).

27 Cranes and other lifting machines.E+W+S

(1)All parts and working gear, whether fixed or moveable, including the anchoring and fixing appliances, of every lifting machine shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained.

[F40(2)All such parts and gear shall be thoroughly examined by a competent person at least once in every period of fourteen months and a record shall be kept of every such thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations 1992, and where the thorough examination shows that the lifting machine can not continue to be used with safety unless certain repairs are carried out immediately or within a specified time, the person who authenticates the record shall within twenty-eight days of the completion of the thorough examination send a copy of the particulars in the record to an inspector appointed by the Health and Safety Executive under section 19 of the Health and Safety at Work etc. Act 1974 who is authorised for the purposes of this provision.]

(3)All rails on which a travelling crane moves and every track on which the carriage of a transporter or runway moves shall be of proper size and adequate strength and have an even running surface; and any such rails or track shall be properly laid, adequately supported or suspended and properly maintained.

(4)There shall be plainly marked on every lifting machine its safe working load or loads, except that in the case of a jib crane so constructed that the safe working load may be varied by the raising or lowering of the jib, there shall be attached thereto either an automatic indicator of safe working loads or a table indicating the safe working loads at corresponding inclinations of the jib or corresponding radii of the load.

(5)No lifting machine shall, except for the purpose of a test, be loaded beyond the safe working load as marked or indicated under subsection (4) of this section.

(6)No lifting machine shall be taken into use in any factory for the first time in that factory unless it has been tested and all such parts and working gear of the machine as are specified in subsection (1) of this section have been thoroughly examined by a competent person and a [F41record of the test and thorough examination and of the results thereof, containing the particulars required by the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations 1992, has been obtained and the particulars in that record are kept available for inspection.]

(7)If any person is employed or working on or near the wheel-track of an overhead travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken by warning the driver of the crane or otherwise to ensure that the crane does not approach within [F426 metres] of that place.

(8)If any person is employed or working otherwise than mentioned in subsection (7) of this section but in a place above floor level where he would be liable to be struck by an overhead travelling crane, or by any load carried by such a crane, effective measures shall be taken to warn him of the approach of the crane, unless his work is so connected with or dependent on the movements of the crane as to make a warning unnecessary.

(9)In this section “lifting machine” means a crane, crab, winch, teagle, pulley block, gin wheel, transporter or runway.

Textual Amendments

F40S. 27(2) substituted (30.4.1992) by S.I. 1992/195, reg. 5, Sch. 2 para. 3(e).

F41Words in s. 27(6) substituted (30.4.1992) by S.I. 1992/195, reg. 5, Sch. 2 para. 3(f).

F42Words substituted by S.I. 1983/978, regs. 3, 4, Sch. 1

Modifications etc. (not altering text)

C12S. 27(1)(6) excluded (1.1.1993) by S.I. 1992/3073, reg. 33(2)(a)(ii).

C13S. 27(2)(6) amended (30.4.1992) by S.I. 1992/195, reg. 2, Sch. 1 Pt.I.

[F4328 Floors, passages and stairs.E+W+S

(1)All floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained and shall, so far as is reasonably practicable, be kept free from any obstruction and from any substance likely to cause persons to slip.

(2)For every staircase in a building or affording a means of exit from a building, a substantial hand-rail shall be provided and maintained, which, if the staircase has an open side, shall be on that side, and in the case of a staircase having two open sides or of a staircase which, owing to the nature of its construction or the condition of the surface of the steps or other special circumstances, is specially liable to cause accidents, such a hand-rail shall be provided and maintained on both sides.

(3)Any open side of a staircase shall also be guarded by the provision and maintenance of a lower rail or other effective means.

(4)All openings in floors shall be securely fenced, except in so far as the nature of the work renders such fencing impracticable.

(5)All ladders shall be soundly constructed and properly maintained.]

Textual Amendments

F43S. 28 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(1), Sch. 2 Pt. I (with reg. 27(2)).

[F4429 Safe means of access and safe place of employment.E+W+S

(1)There shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person has at any time to work, and every such place shall, so far as is reasonably practicable, be made and kept safe for any person working there.

(2)Where any person has to work at a place from which he will be liable to fall a distance more than [F452 metres]], then, unless the place is one which affords secure foothold and, where necessary, secure hand-hold, means shall be provided, so far as is reasonably practicable, by fencing or otherwise, for ensuring his safety.

Textual Amendments

F44S. 29 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(1), Sch. 2 Pt.I (with reg. 27(2)).

F45Words substituted by S.I. 1983/978, regs. 3, 4, Sch. 1

30 Dangerous fumes and lack of oxygen.E+W+S

(1)The provisions of subsections (2) to (8) of this section shall have effect where work in any factory has to be done inside any chamber, tank, vat, pit, pipe, flue or similar confined space, in which dangerous fumes are liable to be present to such an extent as to involve risk of persons being overcome thereby.

(2)The confined space shall, unless there is other adequate means of egress, be provided with a manhole, which may be rectangular, oval or circular in shape, and shall be not less than [F46460 millimetres] long and [F46410 millimetres] wide or (if circular) not less than [F46460 millimetres] in diameter, or in the case of tank wagons and other mobile plant, not less than [F46410 millimetres] long and [F46360 millimetres] wide or (if circular) not less than [F46410 millimetres] in diameter.

(3)Subject to subsection (4) of this section, no person shall enter or remain in the confined space for any purpose unless he is wearing a suitable breathing apparatus and has been authorised to enter by a responsible person, and, where practicable, he is wearing a belt with a rope securely attached and a person keeping watch outside and capable of pulling him out is holding the free end of the rope.

(4)Where the confined space has been certified by a responsible person as being, for a specified period, safe for entry without breathing apparatus and the period so specified has not expired, subsection (3) of this section shall not apply, but no person shall enter or remain in the space unless he has been warned when that period will expire.

(5)A confined space shall not be certified under subsection (4) of this section unless—

(a)effective steps have been taken to prevent any ingress of dangerous fumes; and

(b)any sludge or other deposit liable to give off dangerous fumes has been removed and the space contains no other material liable to give off dangerous fumes; and

(c)the space has been adequately ventilated and tested for dangerous fumes and has a supply of air adequate for respiration;

but no account shall be taken for the purposes of paragraph (b) of this subsection of any deposit or other material liable to give off dangerous fumes in insignificant quantities only.

(6)There shall be provided and kept readily available a sufficient supply of [F47suitable breathing apparatus], of belts and ropes, and of suitable reviving apparatus and oxygen, and the apparatus, belts and ropes shall be maintained and shall be thoroughly examined, at least once a month or at such other intervals as may be prescribed, by a competent person; and a report on every such examination, signed by the person making the examination and containing the prescribed particulars, shall be kept available for inspection.

(7)A sufficient number of the persons employed shall be trained and practised in the use of the apparatus mentioned in subsection (6) of this section and in a method of restoring respiration.

(8)The chief inspector may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of the foregoing provisions of this section in any case where he is satisfied that compliance with those requirements is unnecessary or impracticable.

(9)No person shall enter or remain in any confined space in which the proportion of oxygen in the air is liable to have been substantially reduced unless either—

(a)he is wearing a suitable breathing apparatus; or

(b)the space has been and remains adequately ventilated and a responsible person has tested and certified it as safe for entry without breathing apparatus.

(10)No work shall be permitted in any boiler-furnace or boiler-flue until it has been sufficiently cooled by ventilation or otherwise to make work safe for the persons employed.

Textual Amendments

F46Words substituted by S.I. 1983/978, regs. 3, 4, Sch. 1

F47Words in s. 30(6) substituted (1.1.1993) by S.I. 1992/2966, Sch. 2 Pt. I para.1.

31 Precautions with respect to explosive or inflammable dust, gas, vapour or substance.E+W+S

(1)Where, in connection with any grinding, sieving, or other process giving rise to dust, there may escape dust of such a character and to such an extent as to be liable to explode on ignition, all practicable steps shall be taken to prevent such an explosion by enclosure of the plant used in the process, and by removal or prevention of accumulation of any dust that may escape in spite of the enclosure, and by exclusion or effective enclosure of possible sources of ignition.

(2)Where there is present in any plant used in any such process as aforesaid dust of such a character and to such an extent as to be liable to explode on ignition, then, unless the plant is so constructed as to withstand the pressure likely to be produced by any such explosion, all practicable steps shall be taken to restrict the spread and effects of such an explosion by the provision, in connection with the plant, of chokes, baffles and vents, or other equally effective appliances.

(3)Where any part of a plant contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened, except in accordance with the following provisions:—

(a)before the fastening of any joint of any pipe connected with the part of the plant or the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part or into any such pipe shall be effectively stopped by a stop-valve or otherwise;

(b)before any such fastening is removed, all practicable steps shall be taken to reduce the pressure of the gas or vapour in the pipe or part of the plant to atmospheric pressure;

and if any such fastening has been loosened or removed, no explosive or inflammable gas or vapour shall be allowed to enter the pipe or part of the plant until the fastening has been secured or, as the case may be, securely replaced; but nothing in this subsection applies to a plant installed in the open air.

(4)No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected—

(a)to any welding, brazing or soldering operation;

(b)to any cutting operation which involves the application of heat; or

(c)to any operation involving the application of heat for the purpose of taking apart or removing the plant, tank or vessel or any part of it;

until all practicable steps have been taken to remove the substance and any fumes arising from it, or to render them non-explosive or non-inflammable; and if any plant, tank or vessel has been subjected to any such operation, no explosive or inflammable substance shall be allowed to enter the plant, tank or vessel until the metal has cooled sufficiently to prevent any risk of igniting the substance.

(5)The chief inspector may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of subsections (3) and (4) of this section in any case where he is satisfied that compliance with the requirement is unnecessary or impracticable.

[F4832 Steam boilers—attachments and construction.E+W+S

(1)Subject to subsection (3) of this section, every steam boiler, whether separate or one of a range,—

(a)shall have attached to it the devices mentioned in subsection (2) of this section;

(b)shall be provided with means for attaching a test pressure gauge; and

(c)shall, unless externally fired, be provided with a suitable fusible plug or an efficient low-water alarm device.

(2)The devices referred to in subsection (1) of this section are—

(a)a suitable safety valve, separate from any stop-valve, which shall be so adjusted as to prevent the boiler being worked at a pressure greater than the maximum permissible working pressure and shall be fixed directly to, or as close as practicable to, the boiler;

(b)a suitable stop-valve connecting the boiler to the steam pipe;

(c)a correct steam pressure gauge connected to the steam space and easily visible by the boilder attendant, which shall indicate the pressure of steam in the boiler . . . F49, and have marked on it in a distinctive colour the maximum permissible working pressure;

(d)at least one water gauge of transparent material or other type approved by the chief inspector to show the water level in the boiler, together, if the gauge is of the glass tubular type and the working pressure of the boiler normally exceeds [F502·75 bars,] with an efficient guard provided so as not to obstruct the reading of the gauge;

(e)where the boiler is one of two or more boilers, a plate bearing a distinctive number which shall be easily visible.

(3)Paragraph (b) of subsection (2) of this section shall not apply with respect to economisers, and paragraphs (c), (d) and (e) of that subsection and paragraphs (b) and (c) of subsection (1) of this section shall not apply with respect to either economisers or superheaters

(4)For the purposes of the foregoing provisions of this section, a lever-valve shall not be deemed a suitable safety valve unless the weight is secured on the lever in the correct position.

(5)Every part of every steam boiler shall be of good construction, sound material and adequate strength, and free from patent defect.]

Textual Amendments

F48Ss. 32, 35, 36, 125, 127(2)(c) repealed (1.7.1994) by S.I. 1989/2169, reg. 26, Sch. 6 Pt. I

F49Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

F50Words substituted by S.I. 1974/1941, Sch. 2 para. 3

[F5133 Steam boilers—maintenance, examination and use.E+W+S

(1)Every steam boiler and all its fittings and attachments shall be properly maintained.

(2)A steam boiler shall not be used in any factory unless it has been examined, together with its fittings and attachments, in such manner as the Minister may by [F52regulations] prescribe and no greater period than may be so prescribed has elapsed since the examination, but the regulations may provide for extending in special circumstances the time during which a boiler which has been examined as required by the regulations may be used in a factory without being again so examined.

(3)The Minister may by special regulations prescribe the manner in which a steam boiler, together with its fittings and attachments, is to be examined after any such repairs as may be specified in the regulations; and where such repairs are carried out to a steam boiler after it has been examined under subsection (2) of this section, then, notwithstanding that the period prescribed under that subsection has not expired, the steam boiler shall not be used in any factory until the examination prescribed under this subsection has been made.

(4)A report of the result of every examination under this section in the prescribed form and containing the prescribed particulars (including the maximum permissible working pressure) shall as soon as practicable and in any case within twenty-eight days, or such other period as the Minister may by special regulations prescribe, after the completion of the examination, be entered in or attached to the general register, and the report shall be signed by the person making the examination, and if that person is an inspector of a boiler-inspecting company or association, countersigned by the chief engineer of the company or association or by such other responsible officer of the company or association as may be authorised in writing in that behalf by the chief engineer.

(5)No new steam boiler shall be taken into use unless there has been obtained from the manufacturer of the boiler, or from a boiler-inspecting company or association, a certificate specifying its maximum permissible working pressure, and stating the nature of the tests to which the boiler and fittings have been submitted, and the certificate is kept available for inspection, and the boiler is so marked as to enable it to be identified as the boiler to which the certificate relates.

(6)Where the report of any examination under this section specifies conditions for securing the safe working of a steam boiler, the boiler shall not be used except in accordance with those conditions.

(7)The person making the report of an examination under this section or, in the case of a boiler-inspecting company or association, the chief engineer thereof, shall within twenty-eight days, or such other period as the Minister may by special regulations prescribe, after the completion of the examination send to the inspector for the district a copy of the report in every case where the maximum permissible working pressure is reduced, or the examination shows that the boiler cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time.

(8)If the person employed to make any such examination fails to make a thorough examination as required by this section or makes a report which is false or deficient in any material particular, or if the chief engineer of any boiler-inspecting company or association permits any such report to be made, he shall be guilty of an offence . . . F53, and if any such person or chief engineer fails to send to the inspector for the district a copy of any report as required by subsection (7) of this section, he shall be guilty of an offence.

(9)If the chief inspector is not satisfied as to the competency of the person employed to make the examination or as to the thoroughness of the examination, he may require the boiler to be re-examined by a person nominated by him, and the occupier shall give the necessary facilities for the re-examination.

(10)If as a result of the re-examination it appears that the report of the examination was inadequate or inaccurate in any material particular, the cost of the re-examination shall be recoverable from the occupier, and the report of the re-examination purporting to be signed by the person making it shall be admissible in evidence of the facts stated therein.

(11)Any sum recoverable under subsection (10) of this section shall, in England and Wales, be recoverable summarily as a civil debt.]

Textual Amendments

F51S. 33 repealed (1.7.1994) (with saving for s. 33(6)) by S.I. 1989/2169, regs. 1, 26, 27, Sch. 1 Pt. III para. 1, Sch. 6 Pt. I

F52Word substituted by virtue of S.I. 1974/1941, Sch. 2 para. 2

F53Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

Modifications etc. (not altering text)

34 Steam boilers—restrictions on entry.E+W+S

No person shall enter or be in any steam boiler which is one of a range of two or more steam boilers unless—

(a)all inlets through which steam or hot water might otherwise enter the boiler from any other part of the range are disconnected from that part; or

(b)all valves or taps controlling the entry of steam or hot water are closed and securely locked, and, where the boiler has a blow-off pipe in common with one or more other boilers or delivering into a common blow-off vessel or sump, the blow-off valve or tap on each such boiler is so constructed that it can only be opened by a key which cannot be removed until the valve or tap is closed and is the only key in use for that set of blow-off valves or taps.

[F5435 Steam receivers and steam containers.E+W+S

(1)Every steam receiver, not so constructed and maintained as to withstand with safety the maximum permissible working pressure of the boiler or the maximum pressure which can be obtained in the pipe connecting the receiver with any other source of supply, shall be fitted with—

(a)a suitable reducing valve or other suitable automatic appliance to prevent the safe working pressure being exceeded; and

(b)a suitable safety valve so adjusted as to permit the steam to escape as soon as the safe working pressure is exceeded, or a suitable appliance for cutting off automatically the supply of steam as soon as the safe working pressure is exceeded; and

(c)a correct steam pressure gauge, which must indicate the pressure of steam in the receiver . . . F55; and

(d)a suitable stop valve; and

(e)except where only one steam receiver is in use, a plate bearing a distinctive number which shall be easily visible.

(2)The safety valve and pressure gauge shall be fitted either on the steam receiver or on the supply pipe between the receiver and the reducing valve or other appliance to prevent the safe working pressure being exceeded.

(3)Where any set of receivers is supplied with steam through a single pipe and the reducing valve or other appliance required by paragraph (a) of subsection (1) of this section is fitted on that pipe, the set shall be treated as one receiver for the purposes of paragraphs (a) to (c) of subsection (1) and for the purposes of subsection (2) of this section, and if the set forms part of a single machine, also for the purposes of paragraph (d) of the said subsection (1).

(4)Every part of every steam receiver shall be of good construction, sound material, adequate strength and free from patent defect.

(5)Every steam receiver and its fittings shall be properly maintained, and shall be throughly examined by a competent person, so far as the construction of the receiver permits, at least once in every period of twenty-six months.

(6)A report of the result of every such examination containing the prescribed particulars (including particulars of the safe working pressure) shall be entered in or attached to the general register.

(7)Every steam container shall be so maintained as to secure that the outlet is at all times kept open and free from obstruction.

(8)In this section—

  • “safe working pressure” means, in the case of a new steam receiver, that specified by the maker, and in the case of a steam receiver which has been examined in accordance with the provisions of this section, that specified in the report of the last examination;

  • “steam receiver” means any vessel or apparatus (other than a steam boiler, steam container, a steam pipe or coil, or a part of a prime mover) used for containing steam under pressure greater than atmospheric pressure;

  • “steam container” means any vessel (other than a steam pipe or coil) constructed with a permanent outlet into the atmosphere or into a space where the pressure does not exceed atmospheric pressure, and through which steam is passed at atmospheric pressure or at approximately that pressure for the purpose of heating, boiling, drying, evaporating or other similar purpose.]

Textual Amendments

F54Ss. 32, 35, 36, 125, 127(2)(c) repealed (1.7.1994) by S.I. 1989/2169, reg. 26, Sch. 6 Pt. I

F55Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

Modifications etc. (not altering text)

[F5636 Air receivers.E+W+S

(1)Every air receiver—

(a)shall have marked on it so as to be plainly visible the safe working pressure; and

(b)if it is connected with an air compressing plant, shall either be so constructed as to withstand with safety the maximum pressure that can be obtained in the compressor, or be fitted with a suitable reducing valve or other suitable appliance to prevent the safe working pressure of the receiver being exceeded; and

(c)shall be fitted with a suitable safety valve so adjusted as to permit the air to escape as soon as the safe working pressure is exceeded; and

(d)shall be fitted with a correct pressure gauge indicating the pressure in the receiver . . . F57; and

(e)shall be fitted with a suitable appliance for draining the receiver; and

(f)shall be provided with a suitable manhole, handhole, or other means which will allow the interior to be thoroughly cleaned; and

(g)in a case where more than one receiver is in use in the factory, shall bear a distinguishing mark which shall be easily visible.

(2)For the purposes of the provisions of subsection (1) of this section relating to safety valves and pressure gauges, any set of air receivers supplied with air through a single pipe may be treated as one receiver but, where a suitable reducing valve or other suitable appliance to prevent the safe working pressure being exceeded is required to be fitted, only if the valve or appliance is fitted on that pipe.

(3)Every air receiver and its fittings shall be of sound construction and properly maintained.

(4)Every air receiver shall be thoroughly cleaned and examined at least once in every period of twenty-six months, except that in the case of a receiver of solid drawn construction—

(a)the person making any such examination may specify in writing a period exceeding twenty-six months but not exceeding four years within which the next examination is to be made; and

(b)if it is so constructed that the internal surface cannot be thoroughly examined, a suitable hydraulic test of the receiver shall be carried out in lieu of internal examination.

(5)Every such examination and test shall be carried out by a competent person, and a report of the result of every such examination and test, containing the prescribed particulars (including particulars of the safe working pressure) shall be entered in or attached to the general register.

(6)In this section “air receiver” means—

(a)any vessel (other than a pipe or coil, or an accessory, fitting or part of a compressor) for containing compressed air and connected with an air compressing plant; or

(b)any fixed vessel for containing compressed air or compressed exhaust gases and used for the purpose of starting an internal combustion engine; or

(c)any fixed or portable vessel (not being part of a spraying pistol) used for the purpose of spraying by means of compressed air any paint, varnish, lacquer or similar material; or

(d)any vessel in which oil is stored and from which it is forced by compressed air;

but paragraph (e) of subsection (1) of this section shall not apply to any such vessel as is mentioned in paragraph (c) or paragraph (d) of this subsection.]

Textual Amendments

F56Ss. 32, 35, 36, 125, 127(2)(c) repealed (1.7.1994) by S.I. 1989/2169, reg. 26, Sch. 6 Pt. I

F57Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

Modifications etc. (not altering text)

C18S. 36(1)(2)(3) excluded (31.12.1991) by S.I. 1991/2749, regs. 1, 24(2)(a).

37 Exceptions as to steam boilers, steam receivers and containers, and air receivers.E+W+S

(1)[F58Sections thirty-two to thirty-four][F58section thirty-four] of this Act do not apply to any boiler belonging to or exclusively used in the service of Her Majesty or belonging to and used by the United Kingdom Atomic Energy Authority, or to the boiler of any ship or of any locomotive which belongs to and is used by any railway company.

(2)The chief inspector may by certificate except from any of the provisions of sections [F59thirty-two to thirty-six][F59section thirty-four] of this Act any class or type of steam boiler, [F60steam receiver, steam container or air receiver] to which he is satisfied that the provision cannot reasonably be applied.

(3)Any such exception may be unqualified or may be subject to such conditions as may be contained in the certificate.

Textual Amendments

F58Words “Section thirty-four" substituted (1.7.1994) for “Sections thirty-two to thirty-four" by S.I. 1989/2169, reg. 26, Sch. 6 Pt II

F59Words “Section thirty-four" substituted (1.7.1994) for “Sections thirty-two to thirty-six" by S.I. 1989/2169, reg. 26, Sch. 6 Pt. II

F60Words repealed (1.7.1994) by S.I. 1989/2169, reg. 26, Sch. 6 Pt. I

38 Steam boilers—supplementary provisions.E+W+S

In this Part of this Act “steam boiler” means any closed vessel in which for any purpose steam is generated under pressure greater than atmospheric pressure, and includes any economiser used to heat water being fed to any such vessel, and any superheater used for heating steam; [F61and “ maximum permissible working pressure” in relation to any steam boiler, means (except in subsections (4) and (5) of section thirty-three) that specified in the report of the last examination under that section].

Textual Amendments

F61Words repealed (1.7.1994) by S.I. 1989/2169, reg. 26, Sch. 6, Pt. I

39 Precautions as respects water-sealed gasholders.E+W+S

(1)Every gasholder shall be of sound construction and shall be properly maintained.

(2)Every gasholder shall be thoroughly examined externally by a competent person at least once in every period of two years, and a record containing the prescribed particulars of every such examination shall be entered in or attached to the general register.

(3)In the case of a gasholder of which any lift has been in use for more than twenty years, the internal state of the sheeting shall at least once in every period of ten years, be examined by a competent person by cutting samples from the crown and sides of the holder or by other sufficient means and all samples so cut and a report on every such examination signed by the person making it shall be kept available for inspection.

(4)A record signed by the occupier of the factory or by a responsible official authorised in that behalf showing the date of the construction, as nearly as it can be ascertained, of the oldest lift of every gasholder in the factory shall be kept available for inspection.

(5)Where there is more than one gasholder in the factory, every gasholder shall be marked in a conspicuous position with a distinguishing number or letter.

(6)No gasholder shall be repaired or demolished except under the direct supervision of a person who, by his training and experience and his knowledge of the necessary precautions against risks of explosion and of persons being overcome by gas, is competent to supervise such work.

(7)In this section “gas holder” means a water-sealed gasholder which has a storage capacity of not less than [F62140 cubic metres].

Textual Amendments

F62Words substituted by S.I. 1983/978, regs. 3, 4, Sch. 1

40—52.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63E+W+S

Textual Amendments

53—55.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64E+W+S

Textual Amendments

56 Application of Part II to Scotland.E+W+S

In the application of this Part of this Act to Scotland, for any reference to a magistrates’ court there shall be substituted a reference to the sheriff, for any reference to a complaint a reference to a summary application, . . . F65

Textual Amendments

F65Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

Part IIIE+W+S Welfare (General Provisions)

[F6657 Supply of drinking water.E+W+S

(1)There shall be provided and maintained at suitable points conveniently accessible to all persons employed an adequate supply of wholesome drinking water from a public main or from some other source approved in writing by the district council.

(2)A supply of drinking water which is not laid on shall be contained in suitable vessels, and shall be renewed at least daily, and all practicable steps shall be taken to preserve the water and vessels from contamination; and a drinking water supply (whether laid on or not) shall, in such cases as the inspector for the district may direct, be clearly marked “Drinking Water".

(3)Except where the water is delivered in an upward jet from which employed persons can conveniently drink, one or more suitable cups or drinking vessels shall be provided at each point of supply with facilities for rinsing them in drinking water.

(4)The approval required under subsection (1) of this section shall not be withheld except on the ground that the water is not wholesome.]

Textual Amendments

F66S. 57 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(1), Sch. 2 Pt.I (with reg. 27(2)).

[F6758 Washing facilities.E+W+S

(1)There shall be provided and maintained for the use of employed persons adequate and suitable facilities for washing which shall include a supply of clean running hot and cold or warm water and, in addition, soap and clean towels or other suitable means of cleaning or drying; and the facilities shall be conveniently accessible and shall be kept in a clean and orderly condition.

(2)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68]

Textual Amendments

F67S. 58 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(1), Sch. 2 Pt.I (with reg. 27(2)).

[F6959 Accommodation for clothing.E+W+S

(1)There shall be provided and maintained for the use of employed persons adequate and suitable accommodation for clothing not worn during working hours; and such arrangements as are reasonably practicable or, when a standard is prescribed, such arrangements as are laid down thereby shall be made for drying such clothing.

(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70]

Textual Amendments

F69S. 59 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(1), Sch. 2 Pt. I (with reg. 27(2)).

[F7160 Sitting facilities.E+W+S

(1)Where any employed persons have in the course of their employment reasonable opportunities for sitting without detriment to their work, there shall be provided and maintained for their use suitable facilities for sitting sufficient to enable them to take advantage of those opportunities.

(2)Where a substantial proportion of any work can properly be done sitting—

(a)there shall be provided and maintained for any employed person doing that work a seat of a design, construction and dimensions suitable for him and the work, together with a foot-rest on which he can readily and comfortably support his feet if he cannot do so without a foot-rest, and

(b)the arrangements shall be such that the seat is adequately and properly supported while in use for the purpose for which it is provided.

(3)For the purposes of subsection (2) of this section the dimensions of a seat which is adjustable shall be taken to be its dimensions as for the time being adjusted.]

Textual Amendments

F71S. 60 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(1), Sch. 2 Pt.I (with reg. 27(2)).

61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72E+W+S

Textual Amendments

F72S. 61 repealed (with saving) by S.I. 1981/917, reg. 7, Sch. 1

62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73E+W+S

Textual Amendments

Part IVU.K. Health, Safety and Welfare (Special Provisions and Regulations)

Special provisionsU.K.

63, 64.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74E+W+S

Textual Amendments

F7565. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F75S. 65 repealed (1.1.1993) by S.I. 1992/2966, reg. 14(2).

66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76E+W+S

Textual Amendments

67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77E+W+S

Textual Amendments

F7868. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F78S. 68 repealed (1.1.1997) by S.I. 1996/3022, reg. 2, Sch. Pt. I

[F7969 Underground rooms.E+W+S

(1)The inspector for the district may certify any underground room as unsuitable for work other than work involved in the use of the room for the purpose of storage or such other purpose as the Minister may by order specify, and where such a certificate is in force with respect to any room no work for which it is certified as unsuitable shall be carried on in it.

(2)Where the inspector certifies as unsuitable any room which is in actual use, he shall suspend the operation of the certificate for such period as he considers reasonable with a view to enabling the occupier to render the room suitable or to obtain other premises.

(3)Except in the case of a room which on the first day of July, nineteen hundred and thirty-eight was part of a factory (within the meaning of the M1Factories Act 1937, as originally enacted) and was used for work for which it may be certified as unsuitable under this section, the occupier of an underground room—

(a)shall, before the room is used for work for which it may be certified as unsuitable under this section, give notice in the prescribed form and containing the prescribed particulars to the inspector for the district; and

(b)shall not use the room for any such process as may be prescribed, being a process of a hot, wet or dusty nature or which is liable to give off any fume, without the consent in writing of the inspector for the district.

(4)If the occupier is aggrieved by any decision of an inspector under this section, he may, within twenty-one days of the date of issue of the certificate or the refusal of the consent, as the case may be, appeal to a magistrates’ court, or, in Scotland, the sheriff, and, pending the final determination of an appeal against a decision under subsection (1) of this section in the case of a room in actual use, no offence shall be deemed to be committed under that subsection in respect of the room to which the appeal relates.

(5)In this section—

  • “underground room” means any room which, or any part of which, is so situate that at least half its height, measured from the floor to the ceiling, is below the surface of the footway of the adjoining street or of the ground adjoining or nearest to the room; and

  • “unsuitable” means unsuitable as regards construction, height, light or ventilation, or on any hygienic ground, or on the ground that adequate means of escape in case of fire are not provided.

(6)Any certificate issued under this section may be withdrawn by the inspector for the district if such alterations are made as in his opinion to render the room suitable.]

Textual Amendments

F79S. 69 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(1), Sch. 2 Pt.I (with reg. 27(2)).

Modifications etc. (not altering text)

C21Reference to Minister in s. 69(1), in so far as it enables orders to be made otherwise than by statutory instrument, to be construed as reference to the Health and Safety Executive: S.I. 1974/1941, reg. 7, Sch. 1

Marginal Citations

70, 71.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80E+W+S

Textual Amendments

F8172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F81S. 72 repealed (1.1.1993) by S.I. 1992/2793, reg. 8(1), Sch. 2 Pt.I.

73

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

Textual Amendments

74 Prohibition of employment of women and young persons in certain processes connected with lead manufacture.E+W+S

A woman or young person shall not be employed in any factory in any of the following operations:—

(a)work at a furnace where the reduction or treatment of zinc or lead ores is carried on;

(b)the manipulation, treatment or reduction of ashes containing lead, the desilverising of lead, or the melting of scrap lead or zinc;

(c)the manufacture of solder or alloys containing more than ten per cent. of lead;

(d)the manufacture of any oxide, carbonate, sulphate, chromate, acetate, nitrate, or silicate of lead;

(e)mixing or pasting in connection with the manufacture or repair of electric accumulators;

(f)the cleaning of workrooms where any of the processes aforesaid are carried on.

75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84E+W+S

Textual Amendments

76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F85E+W+S

Textual Amendments

Supplementary provisionsU.K.

77, 78.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86U.K.

Textual Amendments

F8779. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F87S. 79 repealed (10.9.1992) by S.I. 1992/1811, reg. 6(7).

Part VE+W+S Notification and Investigation of Accidents and Industrial Diseases

80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88E+W+S

Textual Amendments

81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89E+W+S

Textual Amendments

82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F90E+W+S

Textual Amendments

83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91E+W+S

Textual Amendments

84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92E+W+S

Textual Amendments

F92Ss. 84, 164(4) repealed except in relation to investigations commenced before 1.1.75 by S.I. 1974/1941, reg. 7, Sch. 1

85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F93E+W+S

Textual Amendments

Part VIE+W+S Employment of Women and Young Persons

86—94.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F94E+W+S

Textual Amendments

95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95E+W+S

Textual Amendments

96—109.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F96E+W+S

Textual Amendments

110—111.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97E+W+S

Textual Amendments

112—116.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F98E+W+S

Textual Amendments

Exemptions in interest of efficiency of industry or transportE+W+S

117 Exemptions from provisions regulating hours of employment.E+W+S

(1)Where the Minister is satisfied, on an application made to him in that behalf, that it is desirable in the public interest to do so for the purpose of maintaining or increasing the efficiency of industry . . . F99, he may, after such consultations as he may think appropriate or as may be required under subsection (5) of this section, exempt the employment of persons [F100(other than children)] from . . . F99,—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F101

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F102

.0 . .F102the M2Hours of Employment (Conventions) Act 1936.

(2)An exemption granted under this section may extend to the employment of persons generally, of a class of persons or of particular persons, and to employment generally, or any class of employment or particular employment, and may be granted to such extent and on such conditions as may be specified in the instrument by which it is granted and, subject to subsection (4) of this section, either indefinitely or for such period as may be so specified.

(3)An exemption under this section extending only to particular persons or a particular employment or to a class of persons or employment defined by reference to particular premises or to work supervised from particular premises, and any exemption under this section for a particular day or particular days only, shall be granted by order, to be known as a special exemption order, and any other exemption under this section shall be granted by [F103regulations,] to be known as general exemption regulations.

(4)An exemption granted by a special exemption order shall not be for more than one year, without prejudice however to the granting of the like exemption for further periods by further special exemption orders.

(5)The Minister shall not make general exemption regulations except—

(a)on the application of a joint industrial council, conciliation board or other similar body constituted by organisations which appear to him to be representative respectively of workers and employers concerned; or

F104(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)on the joint application of an organisation which appears to him to be representative of employers concerned and of an organisation which appears to him to be representative of workers concerned; or

(d)on the application of an organisation which appears to him to be representative of employers concerned and after consulting an organisation which appears to him to be representative of workers concerned; or

(e)on the application of an organisation which appears to him to be representative of workers concerned and after consulting an organisation which appears to him to be representative of employers concerned.

(6)The Minister shall publish in the London Gazette such particulars of special exemption orders as he considers appropriate.

(7)In this section “organisation” includes—

(a)in relation to workers, an association of trade unions, and

(b)in relation to employers, an association of organisations of employers and also any body established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking;

and “trade union” includes an association of trade unions.

Textual Amendments

F102Paragraph (b) and “(c)" repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 1 Pt. III

F103Word substituted by virtue of S.I. 1974/1941, Sch. 2 para. 2

Modifications etc. (not altering text)

C22Reference to Minister in s. 117, in so far as it enables orders to be made otherwise than by statutory instrument, to be construed as reference to the Health and Safety Executive: S.I. 1974/1941, reg. 7, Sch. 1

Marginal Citations

Certificate of fitness for employment of young personsE+W+S

118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F105E+W+S

Textual Amendments

119 Power of inspector to require certificate of fitness for work.E+W+S

Where an inspector is of opinion that the employment of a young person in a factory or in a particular process or kind of work in a factory is prejudicial to his health or the health of other persons, he may serve written notice on the occupier of the factory informing him thereof and requiring that the employment of that young person in the factory or in the process or kind of work, as the case may be, be discontinued after the period named in the notice (which shall not be less than one nor more than seven days after the service of the notice) and the occupier shall not continue after that period to employ the young person . . . F106 unless the appointed factory doctor [F107or an employment medical adviser] has, after the service of the notice, personally examined the young person and certified that he is fit for employment in the factory or in the process or kind of work, as the case may be.

Textual Amendments

[F108119A Duty of factory occupier to give notice of employment of a young person.E+W+S

(1)Where the occupier of a factory takes a young person into his employment to work in the factory (or transfers to work in the factory from work elsewhere than in a factory a young person already in his employment), the occupier shall, not later than seven days after the day on which he does so, send to the local careers office a written notice stating the name of the occupier, the address of the factory and the fact of the young person’s having been so taken or transferred, and the date on which, and the work to do which, he was so taken or transferred, and giving such of the following information as is within the occupier’s knowledge, namely:—

(a)the young person’s Christian name (or forename) and surname;

(b)the date of his birth;

(c)his usual residential address; and

(d)the name and address of the school (if any) which he last attended before he was so taken or transferred.

(2)In this section—

[F109(a)“the local careers office” means the premises from which [F110services are provided in pursuance of arrangements made, or a direction given, under section 10 of the M3Employment and Training Act 1973 in the area]]in which the factory is situated; and]

(b)“school” means a shool within the meaning of the M4Education Act 1944 or the M5Education (Scotland) Act 1962.

Textual Amendments

F110Words in s. 119A(2)(a) substituted (1.4.1994 for E.W. and 1.4.1995 for all other purposes) by Trade Union Reform and Employment Rights Act 1993 (c. 19), s. 49(2), Sch. 8 para.1; S.I. 1993/2503, art. 2(3), Sch. 3

Marginal Citations

Part VIIE+W+S Special Applications and Extensions

Factories occupying parts of buildingsE+W+S

120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F111E+W+S

Textual Amendments

121 Tenement factories—other provisions.E+W+S

(1)Subject to the following provisions of this section, the owner (whether or not he is one of the occupiers) of a tenement factory shall, instead of the occupier, be responsible for any contravention of the following provisions of this Act, that is to say—

(a)the provisions of Part I with respect to the drainage of floors, sanitary conveniences, cleanliness, overcrowding, temperature, ventilation and lighting;

(b)the provisions of Part II with respect to the provision and maintenance of fencing and safety appliances, the construction, maintenance, testing and examination of machinery or plant, the construction and maintenance of floors, passages and stairs, . . . F112;

(c)the provisions of Part III;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113

(e)the provisions of Part V;

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F114F115. . .

F116(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and for the purposes of those provisions the whole of a tenement factory shall be deemed to be one factory in the occupation of the owner.

(2)Subsection (1) of this section does not apply to any contravention arising from the use in a tenement of any fencing, appliances, machinery or plant, if the use is a matter outside the control of the owner.

(3)Subsection (1) of this section does not apply to a contravention in rooms occupied by only one tenant—

(a)of the provisions of Part I with respect to cleanliness, overcrowding, temperature, ventilation and lighting; or

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113

unless the contravention arises from a failure to carry out any necessary structural work or from any defect in any machinery, plant or fixtures belonging to the owner; and does not apply to a contravention in any such room of the provisions of Part V.

(4)Subsection (1) of this section does not apply to a contravention of the provisions of Part III unless it arises from any such failure or defect as is mentioned in subsection (3) of this section.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F117

(6)The provisions of this Act shall, so far as they are applicable and have not been applied by the foregoing provisions of this section, apply to any part of a tenement factory which is not comprised within any of the separate factories as if that part were a factory and the owner were the occupier thereof.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118

Textual Amendments

F112Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

F115Word in s. 121(1)(f) repealed (1.1.1996) by S.I. 1995/2923, reg. 3(1), Sch. Pt. I

122 Parts of buildings let off as separate factories—other provisions.E+W+S

(1)Where a part of a building is let off as a separate factory but is not part of a tenement factory,—

(a)the provisions of this Act specified in paragraphs (a) and (b) of subsection (2) of this section shall apply to any part of the building used for the purposes of the factory but not comprised therein;

(b)subject to subsections (4) and (5) of this section, the owner of the building shall be responsible for any contravention of the provisions specified in the said paragraph (a) as so applying; and

(c)subject to subsection (5) of this section, the owner of the building shall be responsible, instead of the occupier, for any contravention as respects the factory, of the provisions specified in paragraph (c) of subsection (2) of this section.

(2)The said provisions are—

(a)the provisions of Part I with respect to cleanliness and lighting, and the provisions of Part II with respect to prime movers, transmission machinery, hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines, the construction and maintenance of floors, passages and stairs, the keeping free from obstruction and slippery substances of floors, steps, stairs, passages and gangways, [F119and with respect to steam boilers, steam receivers and steam containers, and air receivers];

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F120

(c)the provisions of Part I with respect to sanitary conveniences and the provisions of Part II with respect to hoists and lifts.

(3)For the purposes of the provisions applied by the foregoing provisions of this section, lifting machines attached to the outside of the building, and chains, ropes and lifting tackle used in connection with those machines, shall be treated as being in the building, but any lifting machine not used for the purposes of the factory, and any chains, ropes or lifting tackle not used in connection with a lifting machine so used, shall be disregarded.

(4)For any contravention (whether as respects the factory or otherwise) of the provisions of Part II with respect to chains, ropes and lifting tackle, cranes and other lifting machines, [F119steam boilers, steam receivers and steam containers, and air receivers]—

(a)the occupier of the factory shall be responsible if it is a contravention with respect to any machinery or plant belonging to or supplied by him; and

(b)the owner of the building shall be responsible in any other case;

except that the owner shall not be responsible for a contravention of those provisions in so far as they relate to matters outside his control, and for any such contravention as respects the factory the occupier shall be responsible.

(5)The owner shall be responsible by virtue of this section—

(a)for the cleanliness of sanitary conveniences only when used in common by several tenants; and

(b)for a contravention of the provisions relating to hoists and lifts only so far as those provisions relate to matters within his control.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F121

(7)Any reference in the provisions applied by the foregoing provisions of this section to the general register shall, in relation to matters in respect of which the owner of the building is responsible, be construed as a reference to a register to be kept by him, . . . F122

Textual Amendments

F119Words repealed (1.7.1994) by S.I. 1989/2169, reg. 26, Sch. 6, Pt. I

F122Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

Electrical stationsE+W+S

123 Application of Act to electrical stations.E+W+S

(1)The provisions of this Act shall apply to any premises in which persons are regularly employed in or in connection with the processes or operations of generating, transforming or converting, or of switching, controlling or otherwise regulating, electrical energy for supply by way of trade, or for supply for the purposes of any transport undertaking or other industrial or commercial undertaking or of any public building or public institution, or for supply to streets or other public places, as if the premises were a factory and the employer of any person employed in the premises in or in connection with any such process or operation were the occupier of a factory.

(2)Where any such process or operation is carried on or performed for such a supply as is mentioned in subsection (1) of this section but in other premises than those mentioned therein, then, if the premises are large enough to admit the entrance of a person after the machinery or plant therein is in position, the following provisions of this Act shall apply to the premises as if they were a factory and the employer of any person employed therein in or in connection with any such process or operation were the occupier of the factory, that is to say,—

(a)the provisions of sections fifty and fifty-one so far as they enable the Minister to make regulations;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123

(c)Part V;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123

(e)Part XII;

(f)Part XIII;

(g)Part XIV.

(3)The Minister may by [F124regulations] apply any of the provisions mentioned in subsection (2) of this section to any machinery or plant used—

(a)in such processes or operations as are mentioned in subsection (1) of this section and for such a supply as is mentioned therein; but

(b)elsewhere than in such premises as are mentioned in subsection (1) or subsection (2) of this section,

as if the machinery or plant were machinery or plant in a factory, and the employer of any person employed in connection with any such use of the machinery or plant were the occupier of a factory.

(4)Subsections (1) and (2) of this section shall not, except in so far as the Minister may by [F124regulations] direct, apply to any premises where the said processes or operations are only carried on or performed for the immediate purpose of working an electric motor or working any apparatus which consumes electrical energy for lighting, heating, transmitting or receiving messages or communications, or other purposes.

Textual Amendments

F124Word substituted by virtue of S.I. 1974/1941, Sch. 2 para. 2

Modifications etc. (not altering text)

InstitutionsE+W+S

124 Institutions.E+W+S

(1)Where, in any premises forming part of an institution carried on for charitable or reformatory purposes, any manual labour is exercised in or incidental to the making, altering, repairing, ornamenting, finishing, washing, cleaning or adapting for sale, of articles not intended for the use of the institution, but the premises do not constitute a factory, the provisions of this Act shall nevertheless apply to the premises, . . . F125

(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F126

Textual Amendments

F125Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

Docks, wharves, quays, warehouses and shipsE+W+S

125 Docks, etc. E+W+S

(1)The provisions of this Act specified in subsection (2) of this section shall apply to every dock, wharf or quay (including any warehouse belonging to the owners, trustees or conservators of the dock, wharf or quay, and any line or siding used in connection with and for the purposes of the dock, wharf or quay and not forming part of a railway or tramway) and every other warehouse (not forming part of a factory) in or for the purposes of which mechanical power is used—

(a)as if it were a factory; and

(b)as if the person having the actual use or occupation of it or of any premises within it or forming part of it, were the occupier of a factory.

(2)The said provisions are:—

[F127(a)the provisions of Part II with respect to steam boilers, but with the modification that the owner of the boiler shall, instead of the person deemed to be the occupier, be responsible for any contravention of those provisions:]

(b)the provisions of sections fifty and fifty-one so far as they enable the Minister to make regulations;

(c)—(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128

(f)Part V;

(g)the provisions of Part VII with respect to premises where part of a building is a separate factory, subject to such modifications as may be made by regulations of the Minister;

(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129

(j)the provisions of Part X with respect to . . . F130F131. . ., general registers (so far as applicable), preservation of registers and records, but subject to such modifications as may be made by regulations of the Minister, . . . F132;

(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133

(l)Part XII; and

(m)Part XIV.

(3)Subject to subsection (4) of this section,—

(a)the provisions of this Act mentioned in paragraph (a) (subject to the modification mentioned in that paragraph) and in paragraphs . . . F134, (f), . . . F132, (j), . . . F134, (l) and (m) of subsection (2) of this section;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135

shall apply to the process of loading, unloading or coaling of any ship in any dock, harbour or canal, and to all machinery or plant used in those processes, as if the processes were carried on in a factory and the machinery or plant were machinery or plant in a factory, and the person who carries on those processes were the occupier of a factory.

[F136(4)Nothing in this section shall apply to any machinery or plant which is on board a ship and is the property of the ship owner or charterer, or is rented, leased or hired by him or his agent, or is being purchased by him or his agent under a hire-purchase agreement or a conditional sale agreement (each within the meaning of section 53 of the Health and Safety at Work etc. Act 1974).]

(5)In subsections (3) and (4) of this section “plant” includes any gangway or ladder used by any person employed to load or unload or coal a ship.

(6)The provisions of Part II of this Act with respect to prime movers, transmission machinery, other machinery, provisions as to unfenced machinery, construction and maintenance of fencing, construction and sale of new machinery, cleaning of machinery by women and young persons, training and supervision of young persons working at dangerous machines, hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines, construction and maintenance of floors, passages and stairs, . . . F134 shall apply to every warehouse mentioned in subsection (1) of this section as if the warehouse were a factory and the person having the actual use or occupation thereof were the occupier of a factory [F137,][F137except that this subsection shall not operate to apply the provisions to chains, ropes and lifting tackle, cranes and other lifting machines, or to the construction and maintenance of floors, passages and stairs, in warehouses which are dock premises.]

[F138(7)The provisions of Part II of this Act, and any regulations made under that Part, with respect to prime movers, transmission machinery, other machinery, provisions as to unfenced machinery, construction and maintenance of fencing, hoists and lifts shall apply to all dock premises as if the dock premises were a factory, and the person having the control of such matter were the occupier of the factory in respect of that matter.

(8)The provisions of section 173 of this Act (application to Crown) shall apply to all dock premises as if the dock premises were a factory, but only for the purpose of applying to the Crown such provisions of this Act as are applied to docks, wharfs, quays and dock premises by virtue of the foregoing provisions of this section.

(9)In subsections (6), (7) and (8) of this section “dock premises” means any dock, wharf, quay, jetty or other place at which ships load or unload goods or embark or disembark passengers, together with neighbouring land or water which is used or occupied, or intended to be used or occupied, for those or incidental activities, and any part of a ship when used for those or incidental activities.]

Textual Amendments

F127Ss. 32, 35, 36, 125, 127(2)(c) repealed (1.7.1994) by S.I. 1989/2169, reg. 26, Sch. 6 Pt. I

F131Words in s. 125(2)(j) repealed (1.1.1996) by S.I. 1995/2923, reg. 3(1), Sch. Pt. I

F132Words repealed by S.I. 1975/1012, Sch.

F134Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

F136S. 125(4) substituted by S.I. 1988/1655, regs. 2(1), 3, 23, with application as mentioned in reg. 3

F137Words added and “," substituted S.I. 1988/1655, regs. 2(1), 3, 23, with application as mentioned in reg. 3

F138S. 125(7)–(9) added by S.I. 1988/1655, regs. 2(1), 3, 23, with application as mentioned in reg. 3

Modifications etc. (not altering text)

126 Ships. E+W+S

(1)Subject to subsection (3) of this section, the provisions of this Act specified in subsection (2) of this section shall apply to any work carried out in a harbour or wet dock in constructing, reconstructing, repairing, refitting, painting, finishing or breaking up a ship or in scaling, scurfing or cleaning boilers (including combustion chambers and smoke boxes) in a ship, or in cleaning oil-fuel tanks or bilges in a ship or any tank in a ship last used for oil of any description carried as cargo or any tank or hold last used for any substance so carried of a description specified in regulations of the Minister as being of a dangerous or injurious nature; and for the purposes of those provisions as so applying the ship shall be deemed to be a factory, and any person undertaking the work shall be deemed to be the occupier of a factory.

(2)The said provisions are:—

(a)the provisions of sections fifty and fifty-one so far as they enable the Minister to make regulations;

(b)—(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F139

(e)Part V;

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F140

(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F141

(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F142

(j)the provisions of Part X with respect to general registers (so far as applicable), preservation of registers and records, . . . F143

(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F144

(l)Part XII;

(m)Part XIV.

(3)Nothing in this Act shall apply to any such work as is mentioned in subsection (1) of this section which is done by the master or crew of a ship or done on board a ship during a trial run.

Textual Amendments

F143Words repealed by S.I. 1975/1012, Sch.

Modifications etc. (not altering text)

Works of building and engineering constructionE+W+S

127 Building operations and works of engineering construction. E+W+S

(1)Subject to the following provisions of this section, the provisions of this Act specified in subsection (2) of this section shall apply—

(a)to building operations; and

(b)to works of engineering construction;

undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, and to any line or siding which is used in connection therewith and for the purposes thereof and is not part of a railway or tramway.

(2)The said provisions are:—

(a)the provisions of Part I with respect to sanitary conveniences;

(b)the provisions of sections fifty and fifty-one so far as they enable the Minister to make regulations;

[F145(c)the provisions of Part II with respect to steam boilers and air receivers . . . F146]

(d), (e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F147

(f)Part V;

(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148

(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F149

(j)the provisions of Part X with respect to . . . F150F151. . ., general registers (so far as applicable), preservation of registers and records, . . . F152

(k)the provisions of Part XI with respect to . . . F146 duties of . . . F146 district councils;

(l)Part XII;

(m)Part XIII;

(n)Part XIV.

F153(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The provisions of this Act in their application to building operations or to works of engineering construction shall have effect as if any place where such operations or works are carried on were a factory and any person undertaking any such operations or works to which this Act applies were the occupier of a factory, and with such other adaptations and modifications as may be made by regulations made by the Minister.

(5)The provisions of this Act requiring general registers to be kept F154. . . shall be deemed to be complied with as respects building operations or works of engineering construction if the register is kept at an office of the person undertaking the operations or works F154. . ..

F155(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F155(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)The application of this Act to any building operations or works of engineering construction by virtue of the foregoing provisions of this section shall not be excluded by reason of the fact that they are undertaken on premises to which this Act applies apart from those provisions; and nothing in this section shall be taken as prejudicing the application of this Act to those premises apart from this section.

Textual Amendments

F145Ss. 32, 35, 36, 125, 127(2)(c) repealed (1.7.1994) by S.I. 1989/2169, reg. 26, Sch. 6 Pt. I

F146Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

F151Words in s. 127(2)(j) repealed (1.1.1996) by S.I. 1995/2923, reg. 3, Sch. Pt. I

F152Words repealed by S.I. 1975/1012, Sch.

F154Words in s. 127(5) repealed (1.1.1996) by S.I. 1995/2923, reg. 3, Sch. Pt. I

F155S. 127(6)(7) repealed (31.3.1995) by S.I. 1994/3140, reg. 24(1)

Modifications etc. (not altering text)

Lead processes carried on in places other than factoriesE+W+S

128 Employment of women and young persons in places other than factories in processes connected with lead manufacture or involving the use of lead compounds.E+W+S

The following provisions of this Act, that is to say:—

(a)the provisions relating to the employment of women and young persons in certain processes connected with lead manufacture . . . F156;

(b)the provisions requiring notification to be sent to the chief inspector, or to the inspector for the district, of lead poisoning contracted or occurring in factories; and

(c)any provision relating . . . F157 to offences, penalties and legal proceedings;

shall apply to employment in any such processes as aforesaid in any place other than a factory, as if the place were a factory and the employer were the occupier of the factory, and as if the references to young persons included references to all persons who had not attained the age of eighteen.

Textual Amendments

F157Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

129

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F158

(2)—(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F159

Textual Amendments

130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F160E+W+S

Textual Amendments

131 Prohibition of employment of women and young persons in painting buildings with lead paint.E+W+S

(1)Subject to subsection (2) of this section a woman or young person shall not be employed in painting any part of a building with lead paint.

(2)This section shall not apply to the employment of—

(a)persons employed as apprentices in the painting trade under arrangements approved by an order of the Minister made after consultation with the organisations, if any, representative of the employers and workers in the trade; or

(b)women or young persons in such special decorative or other work (other than work of an industrial character) as may be excluded from the provisions of this section by an order of the Minister.

Modifications etc. (not altering text)

C30Reference to Minister in s. 131(2), in so far as it enables orders to be made otherwise than by statutory instrument, to be construed as reference to the Health and Safety Executive: S.I. 1974/1941, reg. 7, Sch. 1

132 Provisions supplementary to ss. 129-131.E+W+S

In sections one hundred and twenty-nine to one hundred and thirty-one of this Act “lead paint” means any paint, paste, spray, stopping, filling, or other material used in painting which, when treated in a manner prescribed by rules made by the Minister, yields to an aqueous solution of hydrochloric acid a quantity of soluble lead compound exceeding, when calculated as lead monoxide, five per cent. of the dry weight of the portion taken for analysis; and “building” includes fixtures.

Part VIIIE+W+S Home Work

F161133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F162E+W+S

Textual Amendments

Part IXE+W+S

135—135A.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F163E+W+S

Textual Amendments

136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F164E+W+S

Textual Amendments

Part XE+W+S Notices, Returns, Records, Duties of Persons Employed, and Application of Weights and Measures Acts

137 Notice of occupation of factory, and use of mechanical power.E+W+S

(1)Subject to subsection (3) of this section, every person who begins to occupy or to use any premises as a factory shall, not less than one month before he does so, serve on the inspector for the district a written notice stating the name of the occupier or the title of the firm, the postal address of the factory, the nature of the work, whether mechanical power is to be used and, if so, its nature, the name of the district council within whose district the factory is situated and such other particulars as may be prescribed.

(2)Subject to subsection (3) of this section, not less than one month before the date on which mechanical power is first used in a factory the occupier shall serve on the inspector for the district a written notice stating the nature of the mechanical power.

(3)A person may begin to occupy, or to use any premises as, a factory, and mechanical power may be first used in a factory, less than one month after the notice required by the foregoing provisions of this section has been served, if the inspector of the district gives written permission; and a person may also begin to occupy a factory less than one month after the notice has been served or before serving the notice, if he takes over from another person without changing the nature of the work and the notice is served as soon as practicable and in any case within one month of his taking over.

(4)If a person begins to occupy, or to use any premises as, a factory before he is entitled to do so under the foregoing provisions of this section, or if a person entitled thereunder to occupy a factory before giving notice fails to give the required notice within the time allowed, he shall be guilty of an offence . . . F165

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F166

Textual Amendments

F165Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

F167138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F168139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F168S. 139 repealed (1.1.1996) by S.I. 1995/2923, reg. 3, Sch. Pt. I

140 General registers.E+W+S

(1)There shall be kept in every factory or in such place outside the factory as may be approved by the inspector for the district, a register in the prescribed form, called the general register, and there shall be entered in or attached to that register—

(a)the prescribed particulars as to the young persons employed in the factory; and

(b)the prescribed particulars as to the washing, whitewashing or colour washing, painting or varnishing, of the factory; and

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F169

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F170

(e)all reports and particulars required by any other provision of this Act to be entered in or attached to the general register; and

(f)such other matters as may be prescribed.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F171

(3)The occupier of a factory shall send to an inspector such extracts from the general register as the inspector may from time to time require for the purpose of the execution of his duties under this Act.

Textual Amendments

141 Preservation of registers and records.E+W+S

The general register and every other register or record kept in pursuance of this Act shall be preserved and shall be kept available for inspection by any inspector or by [F172an employment medical adviser] for at least two years, or such other period as may be prescribed for any class or description of register or record, after the date of the last entry in the register or record.

Textual Amendments

142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F173E+W+S

Textual Amendments

143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F174E+W+S

Textual Amendments

144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F175E+W+S

Textual Amendments

Part XIE+W+S Administration

145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F176E+W+S

Textual Amendments

146, 147.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F177E+W+S

Textual Amendments

F177Ss. 146, 147 repealed by S.I. 1974/1941, reg. 7, Sch. 1 and 1976/2004, Sch.

148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F178E+W+S

Textual Amendments

149, 150.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F179E+W+S

Textual Amendments

151, 152.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F180E+W+S

Textual Amendments

153 Provisions as to county and district councils.E+W+S

(1)The [F181proper officer][F182sanitary inspector] of every district council shall—

(a)in his annual report to the council report specifically on the administration of, and furnish the prescribed particulars with respect to, the matters under . . . F183 Part VIII of this Act which are administered by the district council, and shall send a copy of his annual report or so much of it as deals with those matters to the Minister; and

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F184

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F185

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F186

Textual Amendments

F181Words substituted (E.W.) by virtue of Local Government Act 1972 (c. 70), Sch. 29 Pt. I para. 4

F183Words repealed by S.I. 1977/746, Sch. 3

F184Ss. 138(1)(a)–(c), 153(1)(b) repealed by S.I. 1989/682, reg. 8(1), Sch. Pt. I

154 Prohibition of disclosure of informationE+W+S

If any person who, in pursuance of powers conferred by section one hundred and forty-eight or section one hundred and fifty-three of this Act, is admitted into any factory or place discloses to any person any information obtained by him in the factory or place with regard to any manufacturing process or trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an of an offence . . . F187.

Textual Amendments

F187Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

Yn ddilys o 01/01/2005

[F188154AException to the prohibition: public authoritiesE+W+S

Section 154 does not apply if–

(a)the person making the disclosure referred to in that section is, or is acting on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000, and

(b)the information is not held by the authority on behalf of another person.]

Textual Amendments

Part XIIE+W+S Offences, Penalties and Legal Proceedings

155 Offences.E+W+S

(1)In the event of any contravention in or in connection with or in relation to a factory of the provisions of this Act, or of any regulation or order made thereunder, the occupier, or (if the contravention is one in respect of which the owner is by or under this Act made responsible) the owner, of the factory shall, subject to the following provisions of this Part of this Act, be guilty of an offence.

(2)In the event . . . F189 of a contravention by any person of any regulation or order made under this Act which expressly imposes any duty upon him, that person shall be guilty of an offence and the occupier or owner, as the case may be, shall not be guilty of an offence, by reason only of . . . F189 the contravention of the provision imposing the said duty, as the case may be, unless it is proved that he failed to take all reasonable steps to prevent the contravention; but this subsection shall not be taken as affecting any liability of the occupier or owner in respect of the same matters by virtue of some provision other than the provisions or provision aforesaid.

(3)If the occupier of a factory avails himself of any exception allowed by or under this Act and fails to comply with any of the conditions attached to the exception, he shall be deemed to have contravened the provisions of this Act.

(4)If any persons are employed in a factory otherwise than in accordance with the provisions of this Act or of any regulation or order made thereunder, there shall be deemed to be a separate contravention in respect of each person so employed.

[F190(5)Where an offence under this Act committed by a company is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of the company, he, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.]

Textual Amendments

F189Words repealed by S.I. 1975/1012, Sch.

F190S. 155(5) repealed by S.I. 1974/1941, reg. 7, Sch. 1 except in relation to offences under s. 135

[F191156 Fines for offences for which no express penalty provided.E+W+S

(1)Subject to the following provisions of this Part of this Act, any person guilty of an offence under this Act for which no express penalty is provided by this Act shall be liable—

(a)if he is an employed person, to a fine not exceeding [F192level 1 on the standard scale];

(b)in any other case, to a fine not exceeding [F192level 3 on the standard scale];

and if the contravention in respect of which he was convicted is continued after the conviction he shall (subject to the provisions of section one hundred and fifty-seven of this Act) be guilty of a further offence and liable in respect thereof to a fine not exceeding fifteen pounds for each day on which the contravention is so continued.

(2)In relation to a contravention which was likely to cause the death of, or bodily injury to, any person, subsection (1) of this section shall have effect as if for the references in paragraphs (a) and (b) tofifteen pounds and sixty pounds there were respectively substituted references to [F192level 3 on the standard scale] and [F192level 4 on the standard scale].]

Textual Amendments

F191S. 156 repealed by S.I. 1976/2004, Sch. except in relation to offences committed before 1.1.1977 and offences under s. 135

[F193157 Power of court to order cause of contravention to be remedied.E+W+S

Where the occupier or owner of a factory is convicted of an offence under this Act, the court may, in addition to or instead of inflicting a fine, order him, within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the contravention occurred, and may, on application, enlarge the time so specified, and where such an order is made, the occupier or owner shall not be liable under this Act in respect of the continuation of the contravention during the time allowed by the court, but if, after the expiration of that time as originally specified or enlarged by subsequent order, the order is not complied with, the occupier or owner, as the case may be, shall be liable to a fine not exceeding ten pounds for each day on which the non-compliance continues.]

Textual Amendments

F193S. 157 repealed by S.I. 1974/1941, reg. 7, Sch. 1 except in relation to offences under s. 135.

158 Fine for offence by parent.E+W+S

If a young person is employed in any factory in contravention of the provisions of this Act, the parent of the young person shall be guilty of an offence and liable [F194on summary conviction] to a fine not exceeding [F195level 1 on the standard scale], unless it appears to the court that the contravention occurred without the consent, connivance, or wilful default of the parent.

Textual Amendments

159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F196E+W+S

Textual Amendments

[F197160 Penalty on person actually committing an offence for which other person is primarily liable.E+W+S

(1)Where an act or default for which any person is liable under this Act is in fact the act or default of some other person, that other person shall be guilty of an offence and liable, subject to subsection (2) of this section, to the like fine as if he were the first-mentioned person.

(2)The fine that may be imposed under subsection (1) of this section on an employed person where the offence is one for which no express penalty is provided by this Act shall be that specified in section one hundred and fifty-six of this Act in relation to employed persons, notwithstanding that the person primarily liable is not an employed person.]

Textual Amendments

F197S. 160 repealed by S.I. 1976/2004, Sch. except in relation to offences committed before 1.1.1977 and offences under s. 135.

[F198161 Power of person primarily liable to exempt himself from liability.E+W+S

(1)In England and Wales, a person charged with an offence under this Act shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three day’s notice in writing of his intention, to have any other person whom he charges as the actual offender brought before the court at the time appointed for the hearing of the charge; and if, after the commission of the offence has been proved, the first-mentioned person proves to the satisfaction of the court—

(a)that he has used all due diligence to enforce the execution of this Act and of any relevant order or regulation made thereunder; and

(b)that the said other person had committed the offence in question without his consent, connivance, or wilful default;

that other person shall be summarily convicted of the offence, and the first-mentioned person shall not be guilty of the offence, and the person so convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings.

(2)The prosecution shall have the right in any such case to cross-examine the first-mentioned person if he gives evidence and any witnesses called by him in support of his charge, and to call rebutting evidence.

(3)In Scotland, a person charged with an offence under this Act who proves to the satisfaction of the court that he has used all due diligence to enforce the execution of this Act and of any relevant order or regulation made thereunder and that the offence was due to the act or default of some other person who committed it without his consent, connivance or wilful default, shall be acquitted of the offence.

(4)When it is made to appear to the satisfaction of an inspector at the time of discovering an offence—

(a)that the person who would be proceeded against apart from this subsection has used all due diligence to enforce the execution of this Act; and

(b)by what person the offence has been committed; and

(c)that it has been committed without the consent, connivance or wilful default of the first-mentioned person and in contravention of his orders,

the inspector shall proceed against the person whom he believes to be the actual offender without first proceeding against the first-mentioned person.]

Textual Amendments

F198S. 161 repealed by S.I. 1976/2004, Sch. except in relation to offences committed before 1.1.1977 and offences under s. 135

162 Proceedings against persons not primarily liable.E+W+S

Where, under this Act, any person is substituted for another with respect to any provisions of this Act, any order, summons, notice or proceeding which for the purpose of any of those provisions is by or under this Act required or authorised to be served on or taken in relation to that other person, is hereby required or authorised (as the case may be) to be served on or taken in relation to the first-mentioned person.

163 Owner of machine liable in certain cases instead of occupier.E+W+S

Where in a factory the owner or hirer of a machine or implement moved by mechanical power is some person other than the occupier of the factory the owner or hirer shall, so far as respects any offence under this Act committed in relation to a person who is employed in or about or in connection with that machine or implement, and is in the employment or pay of the owner or hirer, be deemed to be the occupier of the factory.

164 Prosecution of offences and application of fines.E+W+S

[F199(1)All offences under this Act shall be triable summarily.]

[F199(2)In any proceedings under this Act it shall be sufficient in the information or, in Scotland, complaint to allege that the factory is a factory within the meaning of this Act and to state the name of the ostensible occupier of the factory, or, where the occupier is a firm, the title of the firm.]

(3),. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F200

(4),. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F200

[F201(5)Where any offence is committed under this Act by reason of a failure to make an examination, enter a report, or do any other thing, at or within a time specified by this Act or any regulation or order made thereunder, the offence shall be deemed to continue until the examination is made, or the report entered, or the other thing done, as the case may be.]

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F202 all fines imposed in Scotland in respect of offences under this Act shall be paid into the Exchequer.

[F201(7)Where a proceeding is taken before a magistrates’ court or other court of summary jurisdiction with respect to an offence under this Act alleged to be committed in or with reference to a factory, no person shall be qualified to act as a member of the court who is the occupier or owner of the factory, or the husband, wife, parent, son, daughter, brother, or sister of the occupier or owner of the factory, or a person engaged in, or an officer of any association of persons engaged in, the same trade or occupation as any person charged with the offence.]

Textual Amendments

F199S. 164(1)(2) repealed by S.I. 1976/2004, Sch. except in relation to offences committed before 1.1.1977 and offences under s. 135

F201S. 164(5)(7) repealed by S.I. 1974/1941, reg. 7, Sch. 1 except in relation to offences under s. 135

165. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F203E+W+S

Textual Amendments

166 Special provisions as to evidence.E+W+S

(1)If a person is found in a factory at any time at which work is going on or the machinery is in motion, except during the intervals for meals or rest, he shall, until the contrary is proved, be deemed for the purposes of this Act to have been then employed in the factory, unless the factory is one in which the only persons employed are members of the same family dwelling there.

(2)Where in any proceedings under this Act with respect to a young person it appears to the court that that young person is apparently of or below the age alleged by the informant, or, in Scotland, by the prosecutor, it shall lie on the accused to prove that the young person is not of or below that age.

[F204(3)Where any entry is required by this Act or by any order or regulations made thereunder to be made in the general register or in any other register or record, the entry made by the occupier of a factory or on his behalf shall, as against him, be admissible as evidence of the facts therein stated, and the fact that any entry so required with respect to the observance of any provision of this Act or of any order or regulation made thereunder has not been made, shall be admissible as evidence that that provision has not been observed.]

Textual Amendments

F204S. 166(3) repealed by S.I. 1974/1941, reg. 7, Sch. 1 except for the purposes of s. 135

167 Proceedings for offences in respect of the employment of children.E+W+S

For the purposes of any proceedings under this Act in respect of the employment of children in contravention of . . . F205[F206section one hundred and thirty six of the M6Education (Scotland) Act 1962] or section one of the M7Employment of Women, Young Persons, and Children Act 1920 or any other enactment prohibiting the employment of children which is incorporated with this Act, references in this Part of this Act to young persons shall be construed as including references to children within the meaning of any such enactment.

Textual Amendments

F205Words repealed by Education Act 1973 (c. 16) Sch. 2 Pt. I

F206Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

Marginal Citations

[F207168 Service of documents, etc.E+W+S

(1)Any document (including any summons or order) required or authorised to be served under this Act may be served—

(a)on any person by delivering it to him, or by leaving it at, or sending it by post to, his residence;

(b)on any firm by delivering it to any partner of the firm, or by leaving it at, or sending it by post to, the office of the firm;

(c)on the owner or occupier of a factory (including any such owner or occupier being a company to which the M8Companies Act 1948 applies), in any such manner as aforesaid, or by delivering it, or a true copy thereof, to any person apparently not under the age of sixteen years at the factory.

(2)Any such document may be addressed for the purpose of the service thereof on the occupier of a factory, to “the occupier" at the proper postal address of the factory, without further name or description.

(3)The foregoing provisions of this section shall apply with the necessary modifications to documents required or authorised under this Act to be sent to any person, firm, owner or occupier, and to the sending, addressing, and delivery of such documents.]

Textual Amendments

F207S. 168 repealed by S.I. 1974/1941, reg. 7, Sch. 1 except for the purposes of s. 135

Marginal Citations

169 Power of county court or sheriff to modify agreements.E+W+S

If by reason of an agreement between the owner and the occupier of premises the whole or any part of which has been let as a factory the owner or occupier is prevented from carrying out any structural or other alterations in the premises which are necessary to enable him to comply with the provisions of this Act or of any regulation or order made under this Act or in order to conform with any standard or requirement imposed by or under this Act, he may apply to the county court or, in Scotland, the sheriff, and the court or sheriff, after hearing the parties and any witnesses whom they desire to call, may make such an order setting aside or modifying the terms of the agreement as the court or sheriff considers just and equitable in the circumstances of the case.

170 Power of county court or sheriff to apportion expenses.E+W+S

Where in any premises the whole or any part of which has been let as a factory any structural or other alterations are required in order to comply with the provisions of this Act or of any regulation or order made under this Act or in order to conform with any standard or requirement imposed by or under this Act and the owner or occupier as the case may be alleges that the whole or part of the expenses of the alterations ought to be borne by the occupier or owner, the owner or occupier may apply to the county court or, in Scotland, the sheriff, and the court or sheriff, after hearing the parties and any witnesses whom they may desire to call, may make such an order concerning the expenses or their apportionment as the court or sheriff considers just and equitable in the circumstances of the case, regard being had to the terms of any contract between the parties, or in the alternative the court or sheriff may at the request of the owner or occupier determine the lease.

[F208171 Application of the Arbitration Act 1996.E+W+S

Part I of the Arbitration Act 1996 does not apply to proceedings under this Act except in so far as it may be applied by regulations made under this Act.]

Textual Amendments

F208 S. 171 substituted (31.1.1997) by 1996 c. 23, s. 107(1), Sch. 3 para. 14 (with s. 81(2)); S.I. 1996/3146, art. 3

Part XIIIE+W+S Application of Act

172 General application.E+W+S

Save as in this Act otherwise expressly provided, the provisions of this Act shall apply only to factories as defined by this Act, but shall, except where the contrary intention appears, apply to all such factories

173 Application to Crown.E+W+S

(1)This Act applies to factories belonging to or in the occupation of the Crown, to building operations and works of engineering construction undertaken by or on behalf of the Crown, and to the employment by or under the Crown of persons in painting buildings; but in case of any public emergency the Minister may, by order, to the extent and during the period named in the order exempt from this Act any factory belonging to the Crown or any building operations or works of engineering construction undertaken by or on behalf of the Crown, or any factory in respect of work which is being done on behalf of the Crown.

Modifications etc. (not altering text)

C31Reference to Minister in s. 173(1), in so far as it enables orders to be made otherwise than by statutory instrument, to be construed as reference to the Health and Safety Executive: S.I. 1974/1941, reg. 7, Sch. 1

174(1)In section one hundred and eighty-four of the Mines and Quarries Act, 1954 (which relates to premises forming part of a mine or quarry which, but for that fact, would be factories or premises treated in some way as if they were factories) the words “ the Factories Act 1961" shall be substituted for the words “ the Factories Acts,1937 and 1948", wherever they occur, and for the words “ the Factories Act 1937" in subsection (7);and for subsection (5) there shall be substituted the following subsection:—

“(5)References in subsections (1) to (4) of this section to provisions of the Factories Act, 1961, shall be construed as exclusive of references to section one hundred and twenty seven (which applies other provisions of that Act to building operations and works of engineering construction) and to the other provisions of that Act in so far as, by virtue of that section, they are applicable to such operations or works; but the said section shall not apply—

(a)to any building operations undertaken below ground in a mine; or

(b)to any works of engineering construction undertaken at a mine (whether above or below ground) or at a quarry.”

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F209

Textual Amendments

Modifications etc. (not altering text)

C32The Text of 174(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part XIVE+W+S Interpretation and General

InterpretationE+W+S

175Interpretation of expression “factory".E+W+S

(1)Subject to the provisions of this section, the expression “factory” means any premises in which, or within the close or curtilage or preceincts of which, persons are employed in manual labour in any process for or incidental to any of the following purposes, namely:—

(a)the making of any article or of part of any article; or

(b)the altering, repairing, ornamenting, finishing, cleaning, or washing or the breaking up or demolition of any article; or

(c)the adapting for sale of any article;

(d)the slaughtering of cattle, sheep, swine, goats, horses, asses or mules; or

(e)the confinement of such animals as aforesaid while awaiting slaughter at other premises, in a case where the place of confinement is available in connection with those other premises, is not maintained primarily for agricultural purposes within the meaning of the M9Agriculture Act 1947 or, as the case may be, the M10Agriculture (Scotland) Act 1948 and does not form part of premises used for the holding of a market in respect of such animals;

being premises in which, or within the close or curtilage or precincts of which, the work is carried on by way of trade or for purposes of gain and to or over which the employer of the persons employed therein has the right of access or control.

(2)The expression “factory” also includes the following premises in which persons are employed in manual labour (whether or not they are factories by virtue of subsection (1) of this section), that is to say,—

(a)any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up;

(b)any premises in which the business of sorting any articles is carried on as a preliminary to the work carried on in any factory or incidentally to the purposes of any factory;

(c)any premises in which the business of washing or filling bottles or containers or packing articles is carried on incidentally to the purposes of any factory;

(d)any premises in which the business of hooking, plaiting, lapping, making-up or packing of yarn or cloth is carried on;

(e)any laundry carried on as ancillary to another business, or incidentally to the purposes of any public institution;

(f)except as provided in subsection (10) of this section, any premises in which the construction, reconstruction or repair of locomotives, vehicles or other plant for use for transport purposes is carried on as ancillary to a transport undertaking or other industrial or commercial undertaking;

(g)any premises in which printing by letterpress, lithography, photogravure, or other similar process, or bookbinding is carried on by way of trade or for purposes of gain or incidentally to another business so carried on;

(h)any premises in which the making, adaptation or repair of dresses, scenery or properties is carried on incidentally to the production, exhibition or presentation by way of trade or for purposes of gain of cinematograph films or theatrical performances, not being a stage or dressing-room of a theatre in which only occasional adaptations or repairs are made;

(j)any premises in which the business of making or mending nets is carried on incidentally to the fishing industry;

(k)any premises in which mechanical power is used in connection with the making or repair of articles of metal or wood incidentally to any business carried on by way of trade or for purposes of gain;

(l)any premises in which the production of cinematograph films is carried on by way of trade or for purposes of gain, so, however, that the employment at any such premises of theatrical performers within the meaning of the M11Theatrical Employers Registration Act 1925 and of attendants on such theatrical performers shall not be deemed to be employment in a factory;

(m)any premises in which articles are made or prepared incidentally to the carrying on of building operations or works of engineering construction, not being premises in which such operations or works are being carried on;

(n)any premises used for the storage of gas in a gasholder having a storage capacity of not less than [F210140 cubic metres].

(3)Any line or siding (not being part of a railway or tramway) which is used in connection with and for the purposes of a factory, shall be deemed to be part of the factory; and if any such line or siding is u sed in connection with more than one factory belonging to different occupiers, the line or siding shall be deemed to be a separate factory.

(4)A part of a factory may, with the approval in writing of the chief inspector, be taken to be a separate factory and two or more factories may, with the like approval, be taken to be a single factory.

(5)Any workplace in which, with the permission of or under agreement with the owner or occupier, two or more persons carry on any work which would constitute the workplace a factory if the persons working therein were in the employment of the owner or occupier, shall be deemed to be a factory for the purposes of this Act, and, in the case of any such workplace not being a tenement factory or part of a tenement factory, the provisions of this Act shall apply as if the owner or occupier of the workplace were the occupier of the factory and the persons working therein were persons employed in the factory.

(6)Where a place situate within the close, curtilage, or precincts forming a factory is solely used for some purpose other than the processes carried on in the factory, that place shall not be deemed to form part of the factory for the purposes of this Act, but shall, if otherwise it would be a factory, be deemed to be a separate factory.

(7)Premises shall not be excluded from the definition of a factory by reason only that they are open air premises.

(8)Where the Minister by regulations so directs as respects all or any purposes of this Act, different branches or departments of work carried on in the same factory shall be deemed to be different factories.

(9)Any premises belonging to or in the occupation of the Crown or any municipal or other public authority shall not be deemed not to be a factory, and building operations or works of engineering construction undertaken by or on behalf of the Crown or any such authority shall not be excluded from the operation of this Act, by reason only that the work carried on thereat is not carried on by way of trade or for purposes of gain.

(10)Premises used for the purpose of housing locomotives or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out shall not be deemed to be a factory by reason only of pararaph (f) of subsection (2) of this section, unless they are premises used for the purposes of a railway undertaking where running repairs to locomotives are carried out.

Textual Amendments

F210Words substituted (with saving) by S.I. 1983/978, regs. 3, 4, Sch. 1

Modifications etc. (not altering text)

Marginal Citations

176 General interpretationE+W+S

(1)In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

  • “bakehouse” means any place in which bread, biscuits or confectionery is or are baked by way of trade or for purposes of gain;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F211

  • “bodily injury” includes injury to health;

  • [F212“building operation” and “work of engineering construction” mean “construction work" within the meaning assigned to that phrase by regulation 2(1) of the Construction (Design and Management) Regulations 1994 (S.I. 1994/3140) ;]

  • “calendar year” means the period of twelve months beginning with the first day of January in any year;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F213

  • [F214“child” means any person who is not over—

(a)compulsory school age (construed in accordance with section 277 of the M12Education Act 1993); or

(b)school age (construed in accordance with section 31 of the M13Education (Scotland) Act 1980);]

  • “class or description”, in relation to factories, includes a group of factories described by reference to locality;

  • “contravention” includes, in relation to any provision, a failure to comply with that provision, and the expression “contravene” shall be construed accordingly;

  • “cotton cloth factory” means any room, shed or workshop, or part thereof, in which the weaving of cotton cloth is carried on;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F215

  • “district council” means, as respects England and Wales, the council of a . . . F216 district, and, as respects Scotland [F217an islands or a district council];

  • “driving-belt” includes any driving strap or rope;

  • “fume” includes gas or vapour;

  • “general register” means the register kept in accordance with the requirements of section one hundred and forty of this Act;

  • “humid factory” means a factory in which atmospheric humidity is artificially produced by steaming or other means in connection with any textile process;

  • [F218“inspector” means an inspector appointed by the Health and Safety Executive under section 19 of the M14Health and Safety at Work etc. Act 1974 and references in any provision of this Act to the inspector for the district, the superintending inspector for the division or the chief inspector are references to an inspector so appointed for the purposes of that provision];

  • “machinery” includes any driving-belt;

  • F219. . .

  • “maintained” means maintained in an efficient state, in efficient working order, and in good repair;

  • “the Minister” means [F220the Secretary of State];

  • “owner”—

    (a)

    as respects England and Wales, means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises were let at a rackrent; and

    (b)

    as respects Scotland, means the person for the time entitled to receive or who would, if the same were let, be entitled to receive, the rents of the premises, and includes a trustee, factor, tutor or curator, and in the case of public or municipal property, applies to the persons to whom the management thereof is entrusted;

  • “parent” [F221means a parent of a child or young person or any person who is not a parent of his but who has parental responsibility for him (within the meaning of the Children Act 1989) or who has parental responsibilities in relation to him (within the meaning of section 1(3) of the Children (Scotland) Act 1995), and includes], in relation to any child or young person, any person having direct benefit from his wages;

  • “period of employment” means the period (inclusive of the time allowed for meals and rest) within which persons may be employed on any day;

  • “prescribed” means prescribed by order of the Minister;

  • “prime mover” means every engine, motor or other appliance which provides mechanical energy derived from steam, water, wind, electricity, the combustion of fuel or other source;

  • “process” includes the use of any locomotive;

  • “railway” means any railway used for the purposes of public traffic whether passenger, goods, or other traffic and includes any works of the railway company connected with the railway;

  • “railway company” includes . . . F222 a company or person working a railway under lease or otherwise;

  • “sanitary conveniences” includes urinals, water-closets, earthclosets, privies, ashpits, and any similar convenience;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F213

  • [F223 “ship” and “vessel” have the same meaning as “ship” in the Merchant Shipping Act 1995, and “harbour” has the same meaning as in the Merchant Shipping Act 1995;]

  • “tenement factory” means any premises where mechanical power from any prime mover within the close or curtilage of the premises is distributed for use in manufacturing processes to different parts of the same premises occupied by different persons in such manner that those parts constitute in law separate factories;

  • “tramway” means a tramway authorised by or under any Act of Parliament and used for the purpose of public traffic;

  • “transmission machinery” means every shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving-belt or other device by which the motion of a prime mover is transmitted to or received by any machine or appliance;

  • “week” means the period between midnight on Saturday night and midnight on the succeeding Saturday night;

  • “woman” means a woman who has attained the age of eighteen;

  • F224. . .

  • “young person” means a person who has ceased to be a child but has not attained the age of eighteen.

(2)For the purposes of this Act, machinery or plant shall be deemed to have been constructed or reconstructed, and a factory or building to have been constructed, reconstructed, extended, added to, or converted for use as a factory, before any date, if the construction, reconstruction, extension, addition, or conversion was begun before that date.

(3)For the purposes of this Act, a factory shall not be deemed to be a factory in which mechanical power is used by reason only that mechanical power is used for the purpose of heating, ventilating or lighting the workrooms or other parts of the factory.

(4)A woman, young person, or child who works in a factory, whether for wages or not, either in a process or in cleaning any part of the factory used for any process, or in cleaning or oiling any part of the machinery or plant, or in any other kind of work whatsoever incidental to or connected with the process, or connected with the article made or otherwise the subject of the process therein, shall, save as is otherwise provided by this Act, be deemed to be employed therein for the purposes of this Act or of any proceedings thereunder, . . . F225.

(5)A young person who works in a factory, whether for wages or not, in collecting, carrying or delivering goods, carrying messages or running errands shall be deemed to be employed in the factory for the purposes of this Act or of any proceedings thereunder, but [F226section 119 of this Act shall not apply] to any such young person who is employed mainly outside the factory.

(6)For the purposes of this Act, employment shall be deemed to be continuous unless interrupted by an interval of at least half an hour.

(7)For the purposes of this Act, an apprentice shall be deemed to be a person employed.

(8)This Act shall in its application to London have effect as if for references to district councils there were substituted, as respects the City of London references to the common council, . . . F227

[F228(8A)In the application of this Act in relation to Wales—

(a)any reference to a district council shall be construed as a reference to a county council or (as the case may be) county borough council; and

(b)any reference to the district of a district council shall be construed as a reference to a county or county borough.]

(9)References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment, including this Act.

Textual Amendments

F212Definition of “building operation" in s. 176(1) deleted and substituted (2.9.1996) by S.I. 1996/1592, reg. 34, Sch. 9 para. 2(b)(i)

F213Definition repealed by S.I. 1974/1941, reg. 7, Sch. 1

F214S. 176(1): definition of “child" substituted (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 10(a) (with s. 103(1)); S.I. 1996/3201, art. 3(7)

F215Definition repealed by S.I. 1983/978, reg. 3

F218Definition substituted by S.I. 1974/1941, Sch. 2 para. 12

F219In s. 176(1) definition of “magistrates' court" repealed (5.11.1993) by Statute Law (Repeals) Act 1993 (c. 50), s. 1(1), Sch. 1 Pt. XIV Gp. 3

F220Words substituted by virtue of S.I. 1968/729, art. 3(2)

F221Words in definition of “parent"in s. 176(1) substituted (1.11.1996 subject to arts. 4-7 of the commencing Act) by 1995 c. 36, s. 105(4), Sch. 4 para. 10(b) (with s. 103(1)); S.I. 1996/2203, art. 3, Sch.

F223Definitions of “ship", “harbour" and “vessel" in s. 176(1) substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 31 (with s. 312(1))

F224Definition of “work of engineering construction" in s. 176(1) deleted (2.9.1996) by S.I. 1996/1592, reg. 34, Sch. 9 para. 2(b)(ii)

F226Words in s. 176(5) substituted (3.3.1997) by 1989 c. 38, s. 29(3), Sch. 6 para. 6; S.I. 1997/134, art. 2

Marginal Citations

GeneralE+W+S

177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F229E+W+S

Textual Amendments

F229Ss. 1(5), 2(4), 3(3), 4(2), 5(2), 7(2), 9, 10, 14(3)(4)(6), 17(3)–(5), 18(5)(6), 25(4), 53–55, 58(2)–(4), 59(2)(3), 62, 66, 70, 71, 72(2), 73(2), 76, 81, 83, 121(7), 122(6), 124(2)(3), 129(1), 134, 137(5), 142, 145, 149, 150, 153(3), 159, 164(3), 174(2), 177, 179, 180(5)(7)(8)(10), 181(2), 182(5)(6), Schs. 3, 4 repealed by S.I. 1974/1941, reg. 7, Sch. 1

178 Certificates of birth.E+W

(1)Where the age of any person is required to be ascertained or proved for the purposes of this Act, any person shall, on presenting a written requisition in such form and containing such particulars as [F230the Secretary of State] or, as respects Scotland, the Secretary of State may by regulations prescribe and on payment of a fee of [F231£2.50], be entitled to obtain a certified extract under the hand of a registrar or superintendent registrar of births and deaths of the entry in the register under the M15Births and Deaths Registration Act 1953 or [F232the M16Registration of Births, Deaths and Marriages (Scotland) Act 1965] of the birth of that person.

(2)A form of such a requisition shall on request be supplied without charge by every superintendent registrar and registrar of births and deaths.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Textual Amendments

F230Words substituted by virtue of S.I. 1967/486, arts. 2(6), 5(1), Sch. 2 para. 8 and 1968/1699, arts. 2, 5(4)

F231S. 178(1): Fee of £2.50 payable (E.W.) (1.4.1997) by virtue of S.I. 1996/3152, art. 2, Sch.

F232Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

Modifications etc. (not altering text)

C34Power to amend s. 178(1) conferred by Public Expenditure and Receipts Act 1968 (c. 14), s. 5, Sch. 3

Marginal Citations

178 Certificates of birth.S

(1)Where the age of any person is required to be ascertained or proved for the purposes of this Act, any person shall, on presenting a written requisition in such form and containing such particulars as [F261the Secretary of State] or, as respects Scotland, the Secretary of State may by regulations prescribe and on payment of a fee of [F262£8.00], be entitled to obtain a certified extract under the hand of a registrar or superintendent registrar of births and deaths of the entry in the register under the M29Births and Deaths Registration Act 1953 or [F263the M30Registration of Births, Deaths and Marriages (Scotland) Act 1965] of the birth of that person.

(2)A form of such a requisition shall on request be supplied without charge by every superintendent registrar and registrar of births and deaths.

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F261Words substituted by virtue of S.I. 1967/486, arts. 2(6), 5(1), Sch. 2 para. 8 and 1968/1699, arts. 2, 5(4)

F262S. 178(1): Fee of £8.00 payable (S.) (1.4.1997) (in place of amount previously prescribed) by virtue of S.I. 1997/717, art. 2, Sch. (which S.I. was revoked (1.10.2002) by S.S.I. 2002/389, art. 3)

F263Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

Modifications etc. (not altering text)

C36Power to amend s. 178(1) conferred by Public Expenditure and Receipts Act 1968 (c. 14), s. 5, Sch. 3

Marginal Citations

179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F233E+W+S

Textual Amendments

F233Ss. 1(5), 2(4), 3(3), 4(2), 5(2), 7(2), 9, 10, 14(3)(4)(6), 17(3)–(5), 18(5)(6), 25(4), 53–55, 58(2)–(4), 59(2)(3), 62, 66, 70, 71, 72(2), 73(2), 76, 81, 83, 121(7), 122(6), 124(2)(3), 129(1), 134, 137(5), 142, 145, 149, 150, 153(3), 159, 164(3), 174(2), 177, 179, 180(5)(7)(8)(10), 181(2), 182(5)(6), Schs. 3, 4 repealed by S.I. 1974/1941, reg. 7, Sch. 1

180 Regulations, rules and orders.E+W+S

(1)Any regulations, rules or orders made under this Act shall be made by statutory instrument, except an order applicable only to particular persons, premises, boilers, employment, operations or work or to persons employed at particular premises or on work supervised from particular premises.

(2)Any statutory instrument containing regulations under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Any power conferred by this Act to make regulations, rules or orders shall include power to make different provisions in relation to different circumstances.

(4)Any power conferred by this Act to make an order shall include power to revoke such an order by a subsequent order [F234and the provisions of section 50 of the M17Health and Safety at Work etc. Act 1974 shall apply to any such power which is exercisable by statutory instrument as they apply to a power to make regulations.]

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F235

(6)Any power conferred by this Act to prescribe standards or impose requirements shall include power to do so by reference to the approval of the chief inspector [F236or of the chief employment medical adviser or a deputy chief employment medical adviser.]

(7), (8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F235

(9)Any regulations or order made by the Minister under this Act may be made for a limited period or without limit of period and may be made subject to such conditions as he thinks fit, and may contain such supplemental and consequential provisions as he considers necessary for giving full effect to the regulations or order.

(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F235

Textual Amendments

F235Ss. 1(5), 2(4), 3(3), 4(2), 5(2), 7(2), 9, 10, 14(3)(4)(6), 17(3)–(5), 18(5)(6), 25(4), 53–55, 58(2)–(4), 59(2)(3), 62, 66, 70, 71, 72(2), 73(2), 76, 81, 83, 121(7), 122(6), 124(2)(3), 129(1), 134, 137(5), 142, 145, 149, 150, 153(3), 159, 164(3), 174(2), 177, 179, 180(5)(7)(8)(10), 181(2), 182(5)(6), Schs. 3, 4 repealed by S.I. 1974/1941, reg. 7, Sch. 1

Modifications etc. (not altering text)

C35Reference to chief employment medical adviser and deputy chief employment medical adviser to be construed as reference to a person appointed for the purposes of that provision by the authority responsible for maintaining the employment medical advisory service: Health and Safety at Work etc. Act 1974 (c. 37), s. 60(4)

Marginal Citations

181 Substitution of corresponding provisions for certain provisions of Factory and Workshop Act 1901.E+W+S

(1)The provisions contained in the Fifth Schedule to this Act (being provisions of the M18Factory and Workshop Act 1901 which do not apply in England . . . F237, set out with the necessary modifications) shall have effect in Scotland and . . . F237 in lieu of the corresponding provisions repealed by the M19Factories Act 1937 . . . F238

(2).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F239

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F240

Textual Amendments

F238Words repealed by S.I. 1977/746, Sch. 3

F239Ss. 1(5), 2(4), 3(3), 4(2), 5(2), 7(2), 9, 10, 14(3)(4)(6), 17(3)–(5), 18(5)(6), 25(4), 53–55, 58(2)–(4), 59(2)(3), 62, 66, 70, 71, 72(2), 73(2), 76, 81, 83, 121(7), 122(6), 124(2)(3), 129(1), 134, 137(5), 142, 145, 149, 150, 153(3), 159, 164(3), 174(2), 177, 179, 180(5)(7)(8)(10), 181(2), 182(5)(6), Schs. 3, 4 repealed by S.I. 1974/1941, reg. 7, Sch. 1

Marginal Citations

182 General application to Scotland.E+W+S

(1)The provisions of this section shall, in addition to any express provision for the application to Scotland of any provision of this Act, have effect for the general application of this Act to Scotland.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F241

(3)All matters required by this Act to be published in the London Gazette shall, if they relate to Scotland, be published in the Edinburgh Gazette either in addition or in substitution, as the case may require.

(4)Any offence against this Act for which the maximum penalty that may be imposed does not exceed ten pounds may be prosecuted in any court of summary jurisdiction within the meaning of the [F242M20Criminal Procedure (Scotland) Act 1975] having jurisdiction in the place where the offence was committed.

(5), (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F243

(7)Every person convicted of an offence against this Act may be found liable in expenses.

(8)Section twenty-nine of the M21Public Health (Scotland) Act 1897 shall not apply in relation to any factory within the meaining of this Act.

[F244(9)Any powers exercisable by an inspector appointed by a county or town council (or, on or after 16th May 1975, by an islands or district council) under section 19 of the M22Health and Safety at Work etc. Act 1974 shall, for the purposes of their duties under the Public Health (Scotland) Act 1897, extend to factories within the meaning of that Act.]

Textual Amendments

F243Ss. 1(5), 2(4), 3(3), 4(2), 5(2), 7(2), 9, 10, 14(3)(4)(6), 17(3)–(5), 18(5)(6), 25(4), 53–55, 58(2)–(4), 59(2)(3), 62, 66, 70, 71, 72(2), 73(2), 76, 81, 83, 121(7), 122(6), 124(2)(3), 129(1), 134, 137(5), 142, 145, 149, 150, 153(3), 159, 164(3), 174(2), 177, 179, 180(5)(7)(8)(10), 181(2), 182(5)(6), Schs. 3, 4 repealed by S.I. 1974/1941, reg. 7, Sch. 1

F244S. 182(9) substituted by S.I. 1974/1941, Sch. 2 para. 14

Marginal Citations

183 Transitional provisions and repeals.E+W+S

(1)This Act shall have effect subject to the provisions of the Sixth Schedule to this Act.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F245

Textual Amendments

184 Construction of references in other enactments to factories and workshops, etc. and exclusion of certain provisions of Public Health (London) Act 1936.E+W+S

(1)Nothing in this Act shall affect the definition of the expressions “factory” and “workshop” for the purposes of the M23Rating and Valuation (Apportionment) Act 1928 but save as aforesaid references in any enactment to a factory or workshop within the meaning of the Factory and Workshop Acts 1901 to 1929, or any of those Acts, shall be construed as references to a factory within the meaning of this Act.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F246

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F247

Textual Amendments

Marginal Citations

185 Short title, commencement and extent.E+W+S

(1)This Act may be cited as the Factories Act 1961.

(2)This Act shall come into force on the first day of April, nineteen hundred and sixty-two.

(3)This Act, except subsections (1) and (2) of section seventy-seven . . . F248, does not extend to Northern Ireland.

Textual Amendments

SCHEDULES

F249FIRST SCHEDULEE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F249Sch. 1 repealed (1.1.1997) by S.I. 1996/3022, reg. 2, Sch. Pt. I

F250F250SECOND SCHEDULEE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F251F251THIRD AND FOURTH SCHEDULESE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 181.

[F252FIFTH SCHEDULESE+W+S Provisions of the Factory and Workshop Act 1901 applicable in London and Scotland only . . . F253]

Textual Amendments

F252Sch. 5 repealed, except as respects Scotland, by London Government Act 1963 (c. 33), s. 93, Sch. 18 Pt. 11

F253Words repealed by S.I. 1977/746, Sch. 3

Prohibition of employment of women after childbirth.E+W+S

61If the occupier of a factory knowingly allows a woman or girl to be employed therein within four weeks after she has given birth to a child he shall be liable to a fine not exceeding [F254level 1 on the standard scale], or if the offence was committed during the night [F254level 1 on the standard scale], pounds for each person so employed, and in the case of a second or subsequent conviction within two years after the last conviction for the like offence not less than [F254level 1 on the standard scale] for each offence.

Textual Amendments

Making of wearing apparel where there is scarlet fever or smallpox.E+W+S

109If the occupier of a factory or of any place from which any work is given out, or any contractor employed by any such occupier, causes or allows wearing apparel to be made, cleaned, or repaired, in any dwelling-house or building occupied therewith, while any inmate of the dwelling-house is suffering from scarlet fever or smallpox, then, unless he proves that he was not aware of the existence of the disease in the dwelling-house, and could not reasonably have been expected to become aware of it, he shall be guilty of an offence and liable to a fine not exceeding [F255level 1 on the standard scale] pounds.

Textual Amendments

Prohibition of home work in places where there is infectious disease.E+W+S

110If any inmate of a house is suffering from an infectious disease to which this section applies, the district council of the district in which the house is situate may make an order forbidding any work to which this section applies to be given out to any person living or working in that house, or such part thereof as may be specified in the order, and any order so made may be served on the occupier of any factory, or any other place from which work is given out, or on the contractor employed by any such occupier.

(2)The order may be made notwithstanding that the person suffering from an infectious disease may have been removed from the house, and the order shall be made either for a specified time or subject to the condition that the house or part thereof liable to be infected shall be disinfected to the satisfaction of the [F256designated medical officer], or that other reasonable precautions shall be adopted.

(3)In any case of urgency the powers conferred on the district council by this section may be exercised by any two or more members of the council acting on the advice of the [F256designated medical officer].

(4)If any occupier or contractor on whom an order under this section has been served contravenes the provisions of the order, he shall be guilty of an offence and liable to a fine not exceeding [F257level 1 on the standard scale].

(5)The infectious diseases to which this section applies are the infectious diseases required to be notified under the law for the time being in force in relation to the notification of infectious diseases, and the work to which this section applies is the making, cleaning, washing, altering, ornamenting, finishing and repairing of wearing apparel and any work incidental thereto, and such other classes of work as may be specified by order of the Minister of Health or, as respects Scotland, the Secretary of State.

Textual Amendments

Section 183.

SIXTH SCHEDULEE+W+S Transitional Provisions

1E+W+SAny reference in any enactment or document, whether express or implied, to any enactment repealed by this Act or by any enactment so repealed or to any provision contained in any such enactment shall be construed as a reference to this Act or, as the case may be, to the corresponding provision of this Act.

2E+W+SAny order, regulation, rule, byelaw or appointment made, direction, certificate or notice given, or other thing done under any provision contained in an enactment repealed by this Act or by an enactment so repealed shall continue in force and—

(a)if it could have been made, given or done under the corresponding provision of this Act, shall have effect as if it had been so made, given or done;

(b)if it is an order or regulation made under a power which, under the corresponding provision of this Act, is exercisable by a different class of instrument, shall have effect as if it were an instrument of that class made under that provision.

3E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F258

Textual Amendments

4(1)Subject to sub-paragraph (2) of this paragraph, a factory which has been furnished with a certificate in pursuance of subsection (1) of section fourteen of the M24Factory and Workshop Act 1901 and a factory in respect of which a notice issued in pursuance of subsection (2) of that section has been complied with, or in respect of which an award has been made under subsection (3) of that section and has been complied with, shall be entitled to receive a certificate under section forty of this Act and, pending the receipt of the certificate, no offence shall be deemed to be committed by reason of the use of the factory while no certificate under this section is in force with respect to it.E+W+S

(2)Sub-paragraph (1) of this paragraph shall only apply to any factory if and so long as the means of escape provided therein are properly maintained, and shall not apply to any factory if, since the certificate was furnished or the notice or award was complied with in pursuance of the said section fourteen, any action has been taken of which notice would, if this Act had been in force and a certificate under section forty had been granted, have been required by section forty-one of this Act to be given to the fire authority.

Marginal Citations

5E+W+SIn the case of any factory constructed or converted for use as a factory before the coming into operation of section thirty-four of the M25Factories Act 1937 (that is to say the first day of July, nineteen hundred and thirty-eight) which is not a factory to which paragraph 4 of this Schedule applies, no offence shall be deemed to be committed under section forty of this Act by reason of the use of the factory during any period that may elapse before the grant or refusal of a certificate under that section by the fire authority, and if the fire authority refuse to grant a certificate in respect of the factory unless alterations are made, no such offence shall be deemed to be committed while the alterations are being carried out in accordance with the requirements of the authority.

Marginal Citations

6E+W+SWhere, before the coming into operation of the First Schedule to the M26Factories Act 1959 (that is to say the first day of December, nineteen hundred and sixty) a certificate was issued under section thirty-four of the M27Factories Act 1937 with respect to such a factory as is mentioned in paragraph 1 of the Second Schedule to this Act, but—

(a)neither the certificate nor a copy thereof was issued to the owner of the building in which the factory is comprised; or

(b)neither the certificate nor a copy thereof or of the relevant part thereof was issued to the occupier of the factory;

the council by whom the certificate was issued shall, at his request, send him a copy thereof or, as the case may be, of the relevant part thereof; and the owner may, in the case of any such certificate, comply with the requirement as to its registration by attaching a copy thereof to the register mentioned in sub-paragraph (c) of paragraph 8 of the Second Schedule to this Act.

Marginal Citations

7E+W+SAny order made under Regulation 59 of the Defence (General) Regulations 1939 which is in force at the commencement of this Act shall continue in force, but may be revoked by order of the Minister; and any provision made by an order continued in force by this paragraph which could have been made by special regulations under section one hundred and seventeen of this Act shall be deemed, until the order is revoked, to be contained in such regulations.

8E+W+SThe mention of particular matters in this Schedule shall be without prejudice to the general application of [F259sections 16(1) and 17(2)(a) of the M28Interpretation Act 1978] (which relates to the effect of repeals).

Textual Amendments

F259Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

F260F260SEVENTH SCHEDULEE+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments