Factories Act 1961

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(c) Part V;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(e) Part XII;

(f) Part XIII;

(g) Part XIV.

(3) The Minister may by [F2 regulations] 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 [F2 regulations] 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

F1 S. 123(2)(b)(d) repealed by S.I. 1974/1941, reg. 7, Sch. 1

F2 Word substituted by virtue of S.I. 1974/1941, Sch. 2 para. 2

Modifications etc. (not altering text)

C1 S. 123(1) amended by Offices, Shops and Railway Premises Act 1963 (c. 41), s. 74(1)