Factories Act 1961

[F1 11 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(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

F1 S. 11 repealed by S.I. 1974/1941, reg. 7, Sch. 1 except in so far as it enables orders to be made otherwise than by statutory instrument

F2 S. 11(1)(a)(iii) repealed by Employment Act 1989 (c. 38, SIF 43:1), ss. 10(1)(b), 29(4), Sch. 3 Pt. II, Sch. 7 Pt II

Modifications etc. (not altering text)

C1 Reference 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