Factories Act 1961

PART XIII Application of Act

172 General application

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

(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.

(2) The powers conferred by this Act on a district council or other local authority shall, in the case of a factory belonging to or in the occupation of the Crown, or building operations or works of engineering construction undertaken by or on behalf of the Crown, be exercised by an inspector under this Act; and any notice required by this Act to be sent to a district council shall in any such case be sent to the inspector for the district.

174 Mines and Quarries

(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 respect 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) The Minister may make arrangements with the Minister of Power, with respect to any premises or place in or adjacent to a quarry or mine, for the exercise and performance by the Minister of Power of any of the powers and duties of the Minister under this Act and for the exercise and performance by the Minister of any of the powers and duties of the Minister of Power relating to quarries and mines, and it shall be lawful for the Minister of Power and his officers and the Minister and his officers respectively to exercise and perform the said powers and duties in accordance with the arrangements.