The Factories Act 1961 etc. (Repeals and Modifications) Regulations 1974

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Factories Act 1961 etc. (Repeals and Modifications) Regulations 1974 and shall come into operation on 1st January 1975.

(2) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

Repeals and modifications—the Factories Act 1961

2.  In the Factories Act 1961 (“the 1961 Act”) as amended by the Secretary of State for Employment and Productivity Order 1968(1)—

(a) the provisions mentioned in column 1 of Schedule 1 to these Regulations are hereby repealed to the extent specified in column 2 of that Schedule; and

(b) the provisions mentioned in Schedule 2 to these Regulations shall have effect subject to the modifications specified in that Schedule.

Revocations and modifications—instruments under the Factories Act 1961

3.—(1) The following instruments, that is to say:—

(a) the Factories Act (Inquiries) Adaptation Order 1938(2); and

(b) the Factories Act (Conduct of Inquiries) Rules 1938(3),

are hereby revoked.

(2) The following provisions, that is to say:—

(a) exemption 1 and, in so far as they enable orders to be made otherwise than by statutory instrument, exemptions 5 and 6 of the Electricity Regulations 1908(4);

(b) regulation 21 of the Docks Regulations 1934(5); and

(c) regulation 2 of the Bread, Flour Confectionery and Sausage Manufacture (Commencement of Employment) Regulations 1939(6) in so far as aforesaid,

shall have effect as if for the references therein to the Secretary of State there were substituted references to the Health and Safety Executive.

Repeals—the Hours of Employment (Conventions) Act 1936

4.  In the Hours of Employment (Conventions) Act 1936, in so far as it applies to Great Britain—

(a) in section 1(2), the words from “and an inspector” to the end of the subsection; and

(b) section 3(5),

are hereby repealed.

Repeals and modifications—the Employment Medical Advisory Service Act 1972 etc

5.—(1) In the Employment Medical Advisory Service Act 1972, (“the 1972 Act”) sections 7, 8(2) and the entry in Schedule 2 relating to section 124(2) of the 1961 Act are hereby repealed.

(2) In the Medical Examinations (Fees) Order 1973(7), in Article 3(2), for the reference in sub-paragraph (a) to the Secretary of State, there shall be substituted a reference to the authority for the time being responsible under the Health and Safety at Work etc. Act 1974 for maintaining the employment medical advisory service.

References to inspectors of factories etc

6.  References in any provision of an enactment, instrument or other document to any of the following, that is to say:—

(a) an inspector appointed under the 1961 Act;

(b) the inspector for the district, the superintending inspector for the division or the chief inspector;

(c) an employment medical adviser appointed under the 1972 Act; and

(d) the chief employment medical adviser or a deputy chief employment medical adviser,

shall, except where the context otherwise requires or where the reference is otherwise expressly amended, be construed as references respectively to—

(a) an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act;

(b) an inspector so appointed who is authorised to act for the purposes of the provision in question;

(c) an employment medical adviser appointed under section 56 of the 1974 Act; and

(d) an employment medical adviser so appointed who is authorised to act for the purpose of the provision in question.

Supplemental

7.—(1) These Regulations shall not affect the validity of anything done under any provision of an enactment or instrument repealed or modified by the Regulations before the coming into operation of the Regulations; and anything which at the coming into operation of the Regulations is in process of being done for the purposes of that provision (including in particular any legal proceedings) by or in relation to—

(a) an inspector appointed under the 1961 Act;

(b) the inspector for the district, the superintending inspector for the division or the chief inspector;

(c) an employment medical adviser appointed under the 1972 Act;

(d) the chief employment medical adviser or a deputy chief employment medical adviser;

(e) an authority or officer entitled under section 153(3) or 182(5) of the 1961 Act to exercise powers of an inspector under that Act; or

(f) the Secretary of State,

may, so far as may be necessary for the purposes of or in consequence of the provisions of the Regulations, be continued, respectively, by or in relation to—

(a) an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act;

(b) an inspector so appointed who is authorised to act for the purposes of the provision in question;

(c) an employment medical adviser appointed under section 56 of the 1974 Act;

(d) an employment medical adviser so appointed who is authorised to act for the purpose of the provision in question;

(e) the authority in question or an inspector appointed by that authority under the said section 19;

(f) the Health and Safety Executive.

(2) Without prejudice to paragraph (1) of this Regulation, any exemption, approval, authorisation, certificate, notice or direction granted or given or other thing whatsoever done, or having effect as if granted, given or done, for the purposes of any provision modified by these Regulations, shall, if in force at the coming into operation of these Regulations, continue in force and have effect as if granted, given or done in accordance with that provision as so modified.

(3) Except as provided in Regulation 3 of these Regulations, regulations, rules and orders made or having effect under any provision repealed by these Regulations and in force immediately before the coming into operation of these Regulations shall continue in force notwithstanding the repeal of that provision.

(4) Where any of the provisions repealed or modified by these Regulations prescribes a penalty for an offence of any kind, that penalty shall, notwithstanding these Regulations, continue to apply to offences of that kind committed before 1st January 1975.

Signed by order of the Secretary of State.

Harold Walker

Joint Parliamentary Under Secretary of State

Department of Employment

21st November 1974