Factories Act 1961 (c. 34)

Part VII E+W+S Special Applications and Extensions

Lead processes carried on in places other than factories E+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 . . . F1 ;

(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 . . . F2 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

F1 Words repealed by S.I. 1980/1248, reg. 20(1), Sch. 1

F2 Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

129

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(2)—(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F3 Ss. 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134, 137(5), 142, 145, 149, 150, 153(3), 159, 164(3), 174(2), 177, 179, 180(5)(7)(8)(10), 181(2), 182(5)(6), Schs. 3, 4 repealed by S.I. 1974/1941, reg. 7, Sch. 1

F4 Ss. 129(2)–(6), 130, repealed by S.I. 1980/1248, reg. 20(1), Sch. 1

130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W+S

Textual Amendments

F5 Ss. 129(2)–(6), 130, repealed by S.I. 1980/1248, reg. 20(1), Sch. 1

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)

C1 Reference 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.