Factories Act 1961

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;

[F1 (c) the provisions of Part II with respect to steam boilers and air receivers . . . F2 ]

(d), (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(f) Part V;

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(j) the provisions of Part X with respect to . . . F6 F7 . . ., general registers (so far as applicable), preservation of registers and records, . . . F8

(k) the provisions of Part XI with respect to . . . F2 duties of . . . F2 district councils;

(l) Part XII;

(m) Part XIII;

(n) Part XIV.

(3) . . . F2 no special regulations made under Part IV of this Act shall operate so as to interfere with the design of any works of engineering construction or with the adoption in the execution of those works of any method not inconsistent with the safety of the works or of the persons employed which is prescribed in the specification or in any signed plans issued, or written directions given, by the consulting engineer or the engineer in charge.

(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 F9 . . . 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 F9 . . ..

F10 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 (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

F1 Ss. 32, 35, 36, 125, 127(2)(c) repealed (1.7.1994) by S.I. 1989/2169, reg. 26, Sch. 6 Pt. I

F2 Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

F3 S. 127(2)(d)(e) repealed by S.I. 1974/1941, reg. 7, Sch. 1

F4 S. 127(2)(g) repealed by Employment Medical Advisory Service Act 1972 (c. 28), Sch. 3

F5 S. 127(2)(h) repealed by S.I. 1975/1012, Sch.

F6 Words repealed by S.I. 1989/682, reg. 8(1), Sch. Pt. I

F7 Words in s. 127(2)(j) repealed (1.1.1996) by S.I. 1995/2923, reg. 3(1), Sch. Pt. I

F8 Words repealed by S.I. 1975/1012, Sch.

F9 Words in s. 127(5) repealed (1.1.1996) by S.I. 1995/2923, reg. 3(1), Sch. Pt. I

F10 S. 127(6)(7) repealed (31.3.1995) by S.I. 1994/3140, reg. 24(1)

Modifications etc. (not altering text)

C1 S. 127 amended by Employment Medical Advisory Service Act 1972 (c. 28), s. 8(1)

C2 S. 127(2)(j), (3)(5) amended by S.I. 1974/1941, Sch. 2 para. 9