E+W+S
Factories Act 1961
1961 CHAPTER 34 9 and 10 Eliz 2
An Act to consolidate the Factories Acts 1937 to 1959 and certain other enactments
relating to the safety, health and welfare of employed persons.
[22nd June 1961]
Annotations:
Modifications etc. (not altering text)
C1Act extended by
Education (Scotland) Act 1962 (c. 47), s. 136, Radiological Protection
Act 1970 (c. 46), s. 2(5)
and
Atomic Energy Authority Act 1971 (c. 11), s. 18(1)
C2Act (except s. 135) amended by S.I. 1988/1222, regs. 3, 4
C3Act (except s. 135) amended by S.I. 1990/1380, reg. 3
C4Act: except s. 135 saved by virtue of Health and Safety at Work etc. Act 1974 (c.
37, SIF 43:3), s. 53, Sch. and Tay Road Bridge Order
Confirmation Act 1991 (c. iv) Sch. Pt. VII, s. 62
C5Act except s. 135 saved by virtue of Health and Safety at Work etc. Act 1974 (c.
37, SIF 43:3), s. 53, Sch. 1 and Highland Regional
Council (Harbours) Order Confirmation Act 1991 (c. xii), s. 61(1)(f)
Act restricted (1.10.1993) by S.I. 1993/1897, reg. 40
C6Definition of ‘factory’ applied (E.W.) (1.12.1991) by Water Industry
Act 1991 (c. 56, SIF 130), ss. 58(6), 71-84, 106(9),
162-172, 223(2), Sch. 6,
Pt.I, para. 1(2)
(with ss. 82(3), 186(1), 222(1),
Sch. 14 para.6)
Part I E+W+S Health (General Provisions)
[F11
Cleanliness. E+W+S
(1)Every factory shall be kept in a clean state and free from effluvia arising from
any drain, sanitary convenience or nuisance.
(2)Without prejudice to the generality of subsection (1) of this section,—
(a)accumulations of dirt and refuse shall be removed daily by a suitable method from
the floors and benches of workrooms, and from the staircases and passages;
(b)the floor of every workroom shall be cleaned at least once every week by washing
or, if it is effective and suitable, by sweeping or other method.
(3)Without prejudice to the generality of subsection (1) of this section but subject
to subsection (4) thereof, the following provisions shall apply as respects all
inside walls and partitions and all ceilings or tops of rooms, and all walls, sides
and tops of passages and staircases, that is to say,—
(a)where they have a smooth impervious surface, they shall at least once in every
period of fourteen months be washed with hot water and soap or other suitable detergent
or cleaned by such other method as may be approved by the inspector for the district;
(b)where they are kept painted in a prescribed manner or varnished, they shall be
repainted in a prescribed manner or revarnished at such intervals of not more than
seven years as may be prescribed, and shall at least once in every period of fourteen
months be washed with hot water and soap or other suitable detergent or cleaned
by such other method as may be approved by the inspector for the district;
(c)in any other case they shall be kept whitewashed or colourwashed and the whitewashing
or colourwashing shall be repeated at least once in every period of fourteen months.
(4)Except in a case where the inspector for the district otherwise requires, the
provisions of subsection (3) of this section shall not apply to any factory where
mechanical power is not used and less than ten persons are employed.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2]
Annotations:
Amendments (Textual)
F1S. 1 repealed (1.1.1993 with respect to certain premises and
1.1.1996 with respect to certain further premises) by S.I. 1992/3004,
regs. 1(2)(3), 2, 3, 27(1), Sch. 2 Pt. I
(with reg. 27(2)).
F2Ss. 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
[F32
Overcrowding. E+W+S
(1)A factory shall not, while work is carried on, be so overcrowded as to cause risk
of injury to the health of the persons employed in it.
(2)Without prejudice to the generality of subsection (1) of this section but subject
to subsection (3) thereof, the number of persons employed at a time in any workroom
shall not be such that the amount of cubic space allowed for each is less than [F411
cubic metres].
(3)If the chief inspector is satisfied that, owing to the special conditions under
which the work is carried on in any workroom in which explosive materials are manufactured
or handled, the application of subsection (2) of this section to that workroom would
be inappropriate or unnecessary, he may by certificate except the workroom from
that subsection subject to any conditions specified in the certificate.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(5)In calculating for the purposes of this section the amount of cubic space in any
room no space more than [F44.2
metres] from the floor shall be taken into account and, where a room contains a
gallery, the gallery shall be treated for the purposes of this section as if it
were partitioned off from the remainder of the room and formed a separate room.
(6)Unless the inspector for the district otherwise allows, there shall be posted
in the workroom a notice specifying the number of persons who, having regard to
the provisions of this section, may be employed in that room.]
Annotations:
Amendments (Textual)
F3S. 2 repealed (1.1.1993 with respect to certain premises and
1.1.1996 with respect to certain further premises) by S.I. 1992/3004,
regs. 1(2)(3), 2, 3, 27(1), Sch. 2 Pt.I
(with reg. 27(2)).
F4Words substituted by
S.I. 1983/978, regs. 3, 4, Sch. 1
F5Ss. 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
[F63
Temperature. E+W+S
(1)Effective provision shall be made for securing and maintaining a reasonable temperature
in each workroom, but no method shall be employed which results in the escape into
the air of any workroom of any fume of such a character and to such extent as to
be likely to be injurious or offensive to persons employed therein.
(2)In every workroom in which a substantial proportion of the work is done sitting
and does not involve serious physical effort a temperature of less than [F716
degrees Celsius] shall not be deemed, after the first hour, to be a reasonable temperature
while work is going on, and at least one thermometer shall be provided and maintained
in a suitable position in every such workroom.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8]
Annotations:
Amendments (Textual)
F6S. 3 repealed (1.1.1993 with respect to certain premises and
1.1.1996 with respect to certain further premises) by S.I. 1992/3004,
regs. 1(2)(3), 2, 3, 27(1), Sch. 2 Pt. I
(with reg. 27(2)).
F7Words substituted (with saving) by S.I. 1983/978, regs. 3, 4, Sch. 1
F8Ss. 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
[F94
Ventilation. E+W+S
(1)Effective and suitable provision shall be made for securing and maintaining by
the circulation of fresh air in each workroom the adequate ventilation of the room
. . . F10.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11]
Annotations:
Amendments (Textual)
F9S. 4 repealed (1.1.1993 with respect to certain premises and
1.1.1996 with respect to certain further premises) by S.I. 1992/3004,
regs. 1(2)(3), 2, 3, 27(1), Sch. 2 Pt.I
(with reg. 27(2)).
F10Words repealed by
S.I. 1988/1657, reg. 19(1), Sch. 8 Pt. II
F11Ss. 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
[F125
Lighting. E+W+S
(1)Effective provision shall be made for securing and maintaining sufficient and
suitable lighting, whether natural or artificial, in every part of a factory in
which persons are working or passing.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
(3)Nothing in the foregoing provisions of this section or in any regulations made
thereunder shall be construed as enabling directions to be prescribed or otherwise
given as to whether any artificial lighting is to be produced by any particular
illuminant.
(4)All glazed windows and skylights used for the lighting of workrooms shall, so
far as practicable, be kept clean on both the inner and outer surfaces and free
from obstruction; but this subsection shall not affect the whitewashing or shading
of windows and skylights for the purpose of mitigating heat or glare.]
Annotations:
Amendments (Textual)
F12S. 5 repealed (1.1.1993 with respect to certain premises and
1.1.1996 with respect to certain further premises) by S.I. 1992/3004,
regs. 1(2)(3), 2, 3, 27(1), Sch. 2 Pt. I
(with reg. 27(2)).
F13Ss. 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
[F146
Drainage of floors. E+W+S
Where any process is carried on which renders the floor liable to be wet to such
an extent that the wet is capable of being removed by drainage, effective means
shall be provided and maintained for draining off the wet.]
Annotations:
Amendments (Textual)
F14S. 6 repealed (1.1.1993 with respect to certain premises and
1.1.1996 with respect to certain further premises) by S.I. 1992/3004,
regs. 1(2)(3), 2, 3, 27(1), Sch. 2 Pt.I
(with reg. 27(2)).
[F157
Sanitary Conveniences. E+W+S
(1)Sufficient and suitable sanitary conveniences for the persons employed in the
factory shall be provided, maintained and kept clean, and effective provision shall
be made for lighting them and, where persons of both sexes are or are intended to
be employed (except in the case of factories where the only persons employed are
members of the same family dwelling there) the conveniences shall afford proper
separate accommodation for persons of each sex.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16]
Annotations:
Amendments (Textual)
F15S. 7 repealed (1.1.1993 with respect to certain premises and
1.1.1996 with respect to certain further premises) by S.I. 1992/3004,
regs. 1(2)(3), 2, 3, 27(1), Sch. 2 Pt.I
(with reg. 27(2)).
F16Ss. 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
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17 E+W+S
Annotations:
Amendments (Textual)
F17Ss. 8, 153(2) repealed by S.I. 1977/746,
Sch. 3
9, 10.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18 E+W+S
Annotations:
Amendments (Textual)
F18Ss. 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
[F1910A
(1)If an employment medical adviser is of opinion that there ought, on grounds mentioned
in subsection (2) below, to be a medical examination of a person or persons employed
in a factory, he may serve on the occupier of the factory a written notice stating
that he is of that opinion and requiring that the occupier shall permit a medical
examination in accordance with this section of the person or persons in question,
and the examination shall be permitted accordingly.
(2)The grounds on which a medical examination of a person may be required by an employment
medical adviser’s notice under subsection (1) above are that (in the adviser’s opinion)
the person’s health has been or is being injured, or it is possible that it has
been, is being or will be injured, by reason of the nature of the work he is or
has been called upon to do or may (to the adviser’s knowledge) be called upon to
do; and a notice under that subsection may be given with respect to one or more
named persons or to persons of a class or description specified in the notice.
(3)A notice under subsection (1) above shall name the place where the medical examination
is to be conducted and, if it is a place other than the factory, the day on which
and the time at which it is to be begun; and—
(a)every person to whom the notice relates shall be informed, as soon as practicable
after service thereof, of the contents thereof and of the fact that he is free to
attend for the purpose of submitting to the examination; and
(b)if the notice states that the examination is to be conducted at the factory, suitable
accommodation thereat shall be provided for the conduct of the examination.
(4)A medical examination conducted in pursuance of a notice under subsection (1)
above shall be begun within seven days after the day on which the notice is served,
and shall be conducted by, or in accordance with arrangements made by, an employment
medical adviser, and take place at a reasonable time during working hours.
(5)An employment medical adviser may, by written notice served on the occupier of
a factory, cancel a notice served on the occupier under subsection (1) above; and
a notice which relates to two or more named persons may be cancelled either in relation
to them all or in relation to any one or more of them.
(6)In this section, “medical examination” includes pathological, physiological and
radiological tests and similar investigations.]
Annotations:
Amendments (Textual)
F19S. 10A inserted by Employment Medical
Advisory Service Act 1972 (c. 28), s. 3
[F2011
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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
(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.]
Annotations:
Amendments (Textual)
F20S. 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
F21S. 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)
C7Reference 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
Part II E+W+S Safety (General Provisions)
F2212. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F22S. 12 repealed (1.1.1993 to certain extent
and 1.1.1997 fully in force) by
S.I. 1992/2932, regs. 1(2)(3),
2, 27(1), Sch. 2 Pt.I
(with reg. 27(2)).
F2313. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F23S. 13 repealed (1.1.1993 to certain extent
and 1.1.1997 fully in force) by
S.I. 1992/2932, regs. 1(2)(3),
2, 27(1), Sch. 2 Pt.I
(with reg. 27(2)).
F2414. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F24S. 14 repealed (1.1.1993 to certain extent
and 1.1.1997 fully in force) by
S.I. 1992/2932, regs. 1(2)(3),
2, 27(1), Sch. 2 Pt.I
(with reg. 27(2)).
F2515. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F25S. 15 repealed (1.1.1993 to certain extent
and 1.1.1997 fully in force) by
S.I. 1992/2932, regs. 1(2)(3),
2, 27(1), Sch. 2 Pt.I
(with reg. 27(2)).
F2616. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F26S. 16 repealed (1.1.1993 to certain extent
and 1.1.1997 fully in force) by
S.I. 1992/2932, regs. 1(2)(3),
2, 27(1), Sch. 2 Pt.I
(with reg. 27(2)).
F2717. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F27S. 17 repealed (1.1.1993 to certain extent
and 1.1.1997 fully in force) by
S.I. 1992/2932, regs. 1(2)(3),
2, 27(1), Sch. 2 Pt.I
(with reg. 27(2)).
[F2818
Dangerous substances. E+W+S
(1)Every fixed vessel, structure, sump or pit of which the edge is less than [F29920
millimetres] above the highest ground or platform from which a person might fall
into it shall, if it contains any scalding, corrosive or poisonous liquid, either
be securely covered or be securely fenced to at least [F29920 millimetres] above
that ground or platform, or where by reason of the nature of the work neither secure
covering nor secure fencing to that height is practicable, all practicable steps
shall be taken by covering, fencing or other means to prevent any person from falling
into the vessel, structure, sump or pit.
(2)Where any fixed vessel, structure, sump or pit contains any scalding, corrosive
or poisonous liquid but is not securely covered, no ladder, stair or gangway shall
be placed above, across or inside it which is not—
(a)at least [F29460
millimetres] wide, and
(b)securely fenced on both sides to a height of at least [F29920 millimetres] and securely
fixed.
(3)Where any such vessels, structures, sump or pits as are mentioned in subsection
(2) of this section adjoin, and the space between them, clear of any surrounding
brick or other work, is less than [F29460
millimetres] in width or is not securely fenced on both sides to a height of at
least [F29920
millimetres], secure barriers shall be so placed as to prevent passage between them.
(4)For the purposes of this section a ladder, stair or gangway shall not be deemed
to be securely fenced unless it is provided either with sheet fencing or with an
upper and a lower rail and toe boards.
(5), (6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30]
Annotations:
Amendments (Textual)
F28S. 18 repealed (1.1.1993 with respect to
certain premises and 1.1.1996 with respect to certain further premises) by S.I. 1992/3004,
regs. 1(2)(3), 2, 3, 27(1), Sch. 2 Pt.I
(with reg. 27(2)).
F29Words substituted by
S.I. 1983/978, regs. 3, 4, Sch. 1
F30Ss. 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
F3119. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F31S. 19 repealed (1.1.1993 to certain extent
and 1.1.1997 fully in force) by
S.I. 1992/2932, regs. 1(2)(3),
2, 27(1), Sch. 2 Pt.I
(with reg. 27(2)).
F3220. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F32S. 20 repealed (3.3.1997) by S.I. 1997/135,
reg. 3, Sch. Pt. I
F3321. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F33S. 21 repealed (3.3.1997) by S.I. 1997/135,
reg. 3, Sch. Pt. I
F3422. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F34S. 22 repealed (5.12.1998) by S.I. 1998/2307,
reg. 15
F3523. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F35S. 23 repealed (5.12.1998) by S.I. 1997/1713,
reg. 15
24 Teagle openings and similar doorways. E+W+S
F36. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .
Annotations:
Amendments (Textual)
F36S. 24 repealed (6.4.2005) by The Work at
Height Regulations 2005 (S.I. 2005/735), reg. 18
F3725. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F37S. 25 repealed (5.12.1998) by S.I. 1998/2307,
reg. 15
F3826. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F38S. 26 repealed (5.12.1998) by S.I. 1998/2307,
reg. 15
F3927. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F39S. 27 repealed (5.12.1998) by S.I. 1998/2307,
reg. 15
[F4028
Floors, passages and stairs. E+W+S
(1)All floors, steps, stairs, passages and gangways shall be of sound construction
and properly maintained and shall, so far as is reasonably practicable, be kept
free from any obstruction and from any substance likely to cause persons to slip.
(2)For every staircase in a building or affording a means of exit from a building,
a substantial hand-rail shall be provided and maintained, which, if the staircase
has an open side, shall be on that side, and in the case of a staircase having two
open sides or of a staircase which, owing to the nature of its construction or the
condition of the surface of the steps or other special circumstances, is specially
liable to cause accidents, such a hand-rail shall be provided and maintained on
both sides.
(3)Any open side of a staircase shall also be guarded by the provision and maintenance
of a lower rail or other effective means.
(4)All openings in floors shall be securely fenced, except in so far as the nature
of the work renders such fencing impracticable.
(5)All ladders shall be soundly constructed and properly maintained.]
Annotations:
Amendments (Textual)
F40S. 28 repealed (1.1.1993 with respect to
certain premises and 1.1.1996 with respect to certain further premises) by S.I. 1992/3004,
regs. 1(2)(3), 2, 3, 27(1), Sch. 2 Pt. I
(with reg. 27(2)).
[F4129
Safe means of access and safe place of employment. E+W+S
(1)There shall, so far as is reasonably practicable, be provided and maintained safe
means of access to every place at which any person has at any time to work, and
every such place shall, so far as is reasonably practicable, be made and kept safe
for any person working there.
(2)Where any person has to work at a place from which he will be liable to fall a
distance more than [F422 metres], then, unless the place is one which
affords secure foothold and, where necessary, secure hand-hold, means shall be provided,
so far as is reasonably practicable, by fencing or otherwise, for ensuring his safety.]
Annotations:
Amendments (Textual)
F41S. 29 repealed (1.1.1993 with respect to
certain premises and 1.1.1996 with respect to certain further premises) by S.I. 1992/3004,
regs. 1(2)(3), 2, 3, 27(1), Sch. 2 Pt.I
(with reg. 27(2)).
F42Words substituted by
S.I. 1983/978, regs. 3, 4, Sch. 1
F4330. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F43S. 30 repealed (28.1.1998) by S.I. 1997/1713,
reg. 9(1)
31 Precautions with respect to explosive or inflammable dust, gas, vapour or substance.
E+W+S
(1)Where, in connection with any grinding, sieving, or other process giving rise
to dust, there may escape dust of such a character and to such an extent as to be
liable to explode on ignition, all practicable steps shall be taken to prevent such
an explosion by enclosure of the plant used in the process, and by removal or prevention
of accumulation of any dust that may escape in spite of the enclosure, and by exclusion
or effective enclosure of possible sources of ignition.
(2)Where there is present in any plant used in any such process as aforesaid dust
of such a character and to such an extent as to be liable to explode on ignition,
then, unless the plant is so constructed as to withstand the pressure likely to
be produced by any such explosion, all practicable steps shall be taken to restrict
the spread and effects of such an explosion by the provision, in connection with
the plant, of chokes, baffles and vents, or other equally effective appliances.
(3)Where any part of a plant contains any explosive or inflammable gas or vapour
under pressure greater than atmospheric pressure, that part shall not be opened,
except in accordance with the following provisions:—
(a)before the fastening of any joint of any pipe connected with the part of the plant
or the fastening of the cover of any opening into the part is loosened, any flow
of the gas or vapour into the part or into any such pipe shall be effectively stopped
by a stop-valve or otherwise;
(b)before any such fastening is removed, all practicable steps shall be taken to
reduce the pressure of the gas or vapour in the pipe or part of the plant to atmospheric
pressure;
and if any such fastening has been loosened or removed, no explosive or inflammable
gas or vapour shall be allowed to enter the pipe or part of the plant until the
fastening has been secured or, as the case may be, securely replaced; but nothing
in this subsection applies to a plant installed in the open air.
(4)No plant, tank or vessel which contains or has contained any explosive or inflammable
substance shall be subjected—
(a)to any welding, brazing or soldering operation;
(b)to any cutting operation which involves the application of heat; or
(c)to any operation involving the application of heat for the purpose of taking apart
or removing the plant, tank or vessel or any part of it;
until all practicable steps have been taken to remove the substance and any fumes
arising from it, or to render them non-explosive or non-inflammable; and if any
plant, tank or vessel has been subjected to any such operation, no explosive or
inflammable substance shall be allowed to enter the plant, tank or vessel until
the metal has cooled sufficiently to prevent any risk of igniting the substance.
(5)The chief inspector may by certificate grant, subject to any conditions specified
in the certificate, exemption from compliance with any of the requirements of subsections
(3) and (4) of this section in any case where he is satisfied that compliance with
the requirement is unnecessary or impracticable.
[F4432
Steam boilers—attachments and construction. E+W+S
(1)Subject to subsection (3) of this section, every steam boiler, whether separate
or one of a range,—
(a)shall have attached to it the devices mentioned in subsection (2) of this section;
(b)shall be provided with means for attaching a test pressure gauge; and
(c)shall, unless externally fired, be provided with a suitable fusible plug or an
efficient low-water alarm device.
(2)The devices referred to in subsection (1) of this section are—
(a)a suitable safety valve, separate from any stop-valve, which shall be so adjusted
as to prevent the boiler being worked at a pressure greater than the maximum permissible
working pressure and shall be fixed directly to, or as close as practicable to,
the boiler;
(b)a suitable stop-valve connecting the boiler to the steam pipe;
(c)a correct steam pressure gauge connected to the steam space and easily visible
by the boilder attendant, which shall indicate the pressure of steam in the boiler
. . . F45, and have marked on it in a distinctive colour
the maximum permissible working pressure;
(d)at least one water gauge of transparent material or other type approved by the
chief inspector to show the water level in the boiler, together, if the gauge is
of the glass tubular type and the working pressure of the boiler normally exceeds
[F462·75
bars,] with an efficient guard provided so as not to obstruct the reading of the
gauge;
(e)where the boiler is one of two or more boilers, a plate bearing a distinctive
number which shall be easily visible.
(3)Paragraph (b) of subsection (2) of this section shall not apply with respect to
economisers, and paragraphs (c), (d) and (e) of that subsection and paragraphs (b)
and (c) of subsection (1) of this section shall not apply with respect to either
economisers or superheaters
(4)For the purposes of the foregoing provisions of this section, a lever-valve shall
not be deemed a suitable safety valve unless the weight is secured on the lever
in the correct position.
(5)Every part of every steam boiler shall be of good construction, sound material
and adequate strength, and free from patent defect.]
Annotations:
Amendments (Textual)
F44Ss. 32, 35, 36, 125, 127(2)(c) repealed (1.7.1994)
by
S.I. 1989/2169, reg. 26, Sch. 6 Pt. I
F45Words repealed by
S.I. 1974/1941, reg. 7, Sch. 1
F46Words substituted by
S.I. 1974/1941, Sch. 2 para. 3
[F4733
Steam boilers—maintenance, examination and use. E+W+S
(1)Every steam boiler and all its fittings and attachments shall be properly maintained.
(2)A steam boiler shall not be used in any factory unless it has been examined, together
with its fittings and attachments, in such manner as the Minister may by [F48regulations]
prescribe and no greater period than may be so prescribed has elapsed since the
examination, but the regulations may provide for extending in special circumstances
the time during which a boiler which has been examined as required by the regulations
may be used in a factory without being again so examined.
(3)The Minister may by special regulations prescribe the manner in which a steam
boiler, together with its fittings and attachments, is to be examined after any
such repairs as may be specified in the regulations; and where such repairs are
carried out to a steam boiler after it has been examined under subsection (2) of
this section, then, notwithstanding that the period prescribed under that subsection
has not expired, the steam boiler shall not be used in any factory until the examination
prescribed under this subsection has been made.
(4)A report of the result of every examination under this section in the prescribed
form and containing the prescribed particulars (including the maximum permissible
working pressure) shall as soon as practicable and in any case within twenty-eight
days, or such other period as the Minister may by special regulations prescribe,
after the completion of the examination, be entered in or attached to the general
register, and the report shall be signed by the person making the examination, and
if that person is an inspector of a boiler-inspecting company or association, countersigned
by the chief engineer of the company or association or by such other responsible
officer of the company or association as may be authorised in writing in that behalf
by the chief engineer.
(5)No new steam boiler shall be taken into use unless there has been obtained from
the manufacturer of the boiler, or from a boiler-inspecting company or association,
a certificate specifying its maximum permissible working pressure, and stating the
nature of the tests to which the boiler and fittings have been submitted, and the
certificate is kept available for inspection, and the boiler is so marked as to
enable it to be identified as the boiler to which the certificate relates.
(6)Where the report of any examination under this section specifies conditions for
securing the safe working of a steam boiler, the boiler shall not be used except
in accordance with those conditions.
(7)The person making the report of an examination under this section or, in the case
of a boiler-inspecting company or association, the chief engineer thereof, shall
within twenty-eight days, or such other period as the Minister may by special regulations
prescribe, after the completion of the examination send to the inspector for the
district a copy of the report in every case where the maximum permissible working
pressure is reduced, or the examination shows that the boiler cannot continue to
be used with safety unless certain repairs are carried out immediately or within
a specified time.
(8)If the person employed to make any such examination fails to make a thorough examination
as required by this section or makes a report which is false or deficient in any
material particular, or if the chief engineer of any boiler-inspecting company or
association permits any such report to be made, he shall be guilty of an offence
. . . F49, and if any such person or chief engineer fails
to send to the inspector for the district a copy of any report as required by subsection
(7) of this section, he shall be guilty of an offence.
(9)If the chief inspector is not satisfied as to the competency of the person employed
to make the examination or as to the thoroughness of the examination, he may require
the boiler to be re-examined by a person nominated by him, and the occupier shall
give the necessary facilities for the re-examination.
(10)If as a result of the re-examination it appears that the report of the examination
was inadequate or inaccurate in any material particular, the cost of the re-examination
shall be recoverable from the occupier, and the report of the re-examination purporting
to be signed by the person making it shall be admissible in evidence of the facts
stated therein.
(11)Any sum recoverable under subsection (10) of this section shall, in England and
Wales, be recoverable summarily as a civil debt.]
Annotations:
Amendments (Textual)
F47S. 33 repealed (1.7.1994) (with saving for
s. 33(6)) by
S.I. 1989/2169, regs. 1, 26, 27, Sch. 1 Pt. III para.
1, Sch. 6 Pt. I
F48Word substituted by virtue of S.I. 1974/1941, Sch. 2 para. 2
F49Words repealed by
S.I. 1974/1941, reg. 7, Sch. 1
Modifications etc. (not altering text)
C8Ss. 33(2)(3)(4), 33(7)(8), 35(6), 36(5) excluded by S.I. 1989/2169,
regs. 1, 27, Sch. 1 Pt II paras.
2–5
C9S. 33(6) excluded by S.I. 1989/2169,
regs. 1, 27, Sch. 1 Pt II paras.
2–5, Pt. III para. 1
F5034. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F50S. 34 repealed (21.2.2000) by S.I. 2000/128
reg. 18
F5135. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F51Ss. 32,35,36, 125,127() repealed (1.7.1994)
by
S.I. 1989/2169 reg. 26, Sch. 6 Pt. I; s. 35 expressed to be repealed (21.2.2000)
by
S.I. 2000/128, reg. 18
[F5236
Air receivers. E+W+S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Annotations:
Amendments (Textual)
F52Ss. 32, 35, 36, 125, 127(2)(c) repealed (1.7.1994)
by
S.I. 1989/2169, reg. 26, Sch. 6 Pt. I;
s. 36 expressed to be repealed (21.2.2000) by S.I. 2000/128,
reg. 18
F5337. E+W+S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Amendments (Textual)
F53S. 37 repealed (21.2.2000) by S.I. 2000/128,
reg. 18
F5438 . E+W+S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Amendments (Textual)
F54S. 38 repealed (21.2.2000) by S.I. 2000/128,
reg. 18
39 Precautions as respects water-sealed gasholders. E+W+S
(1)Every gasholder shall be of sound construction and shall be properly maintained.
(2)Every gasholder shall be thoroughly examined externally by a competent person
at least once in every period of two years, and a record containing the prescribed
particulars of every such examination shall be entered in or attached to the general
register.
(3)In the case of a gasholder of which any lift has been in use for more than twenty
years, the internal state of the sheeting shall at least once in every period of
ten years, be examined by a competent person by cutting samples from the crown and
sides of the holder or by other sufficient means and all samples so cut and a report
on every such examination signed by the person making it shall be kept available
for inspection.
(4)A record signed by the occupier of the factory or by a responsible official authorised
in that behalf showing the date of the construction, as nearly as it can be ascertained,
of the oldest lift of every gasholder in the factory shall be kept available for
inspection.
(5)Where there is more than one gasholder in the factory, every gasholder shall be
marked in a conspicuous position with a distinguishing number or letter.
(6)No gasholder shall be repaired or demolished except under the direct supervision
of a person who, by his training and experience and his knowledge of the necessary
precautions against risks of explosion and of persons being overcome by gas, is
competent to supervise such work.
(7)In this section “gas holder” means a water-sealed gasholder which has a storage
capacity of not less than [F55140
cubic metres].
Annotations:
Amendments (Textual)
F55Words substituted by
S.I. 1983/978, regs. 3, 4, Sch. 1
40—52.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56 E+W+S
Annotations:
Amendments (Textual)
F56Ss. 40–52, 120, 140(2), 148, 165, repealed by S.I. 1976/2004,
Sch.
53—55.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F57 E+W+S
Annotations:
Amendments (Textual)
F57Ss. 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
56 Application of Part II to Scotland. E+W+S
In the application of this Part of this Act to Scotland, for any reference to a magistrates’
court there shall be substituted a reference to the sheriff, for any reference to
a complaint a reference to a summary application, . . .
F58
Annotations:
Amendments (Textual)
F58Words repealed by
S.I. 1974/1941, reg. 7, Sch. 1
Part III E+W+S Welfare (General Provisions)
[F5957
Supply of drinking water. E+W+S
(1)There shall be provided and maintained at suitable points conveniently accessible
to all persons employed an adequate supply of wholesome drinking water from a public
main or from some other source approved in writing by the district council.
(2)A supply of drinking water which is not laid on shall be contained in suitable
vessels, and shall be renewed at least daily, and all practicable steps shall be
taken to preserve the water and vessels from contamination; and a drinking water
supply (whether laid on or not) shall, in such cases as the inspector for the district
may direct, be clearly marked “Drinking Water”.
(3)Except where the water is delivered in an upward jet from which employed persons
can conveniently drink, one or more suitable cups or drinking vessels shall be provided
at each point of supply with facilities for rinsing them in drinking water.
(4)The approval required under subsection (1) of this section shall not be withheld
except on the ground that the water is not wholesome.]
Annotations:
Amendments (Textual)
F59S. 57 repealed (1.1.1993 with respect to
certain premises and 1.1.1996 with respect to certain further premises) by S.I. 1992/3004,
regs. 1(2)(3), 2, 3, 27(1), Sch. 2 Pt.I
(with reg. 27(2)).
[F6058
Washing facilities. E+W+S
(1)There shall be provided and maintained for the use of employed persons adequate
and suitable facilities for washing which shall include a supply of clean running
hot and cold or warm water and, in addition, soap and clean towels or other suitable
means of cleaning or drying; and the facilities shall be conveniently accessible
and shall be kept in a clean and orderly condition.
(2)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61]
Annotations:
Amendments (Textual)
F60S. 58 repealed (1.1.1993 with respect to
certain premises and 1.1.1996 with respect to certain further premises) by S.I. 1992/3004,
regs. 1(2)(3), 2, 3, 27(1), Sch. 2 Pt.I
(with reg. 27(2)).
F61Ss. 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
[F6259
Accommodation for clothing. E+W+S
(1)There shall be provided and maintained for the use of employed persons adequate
and suitable accommodation for clothing not worn during working hours; and such
arrangements as are reasonably practicable or, when a standard is prescribed, such
arrangements as are laid down thereby shall be made for drying such clothing.
(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63]
Annotations:
Amendments (Textual)
F62S. 59 repealed (1.1.1993 with respect to
certain premises and 1.1.1996 with respect to certain further premises) by S.I. 1992/3004,
regs. 1(2)(3), 2, 3, 27(1), Sch. 2 Pt. I
(with reg. 27(2)).
F63Ss. 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
[F6460
Sitting facilities. E+W+S
(1)Where any employed persons have in the course of their employment reasonable opportunities
for sitting without detriment to their work, there shall be provided and maintained
for their use suitable facilities for sitting sufficient to enable them to take
advantage of those opportunities.
(2)Where a substantial proportion of any work can properly be done sitting—
(a)there shall be provided and maintained for any employed person doing that work
a seat of a design, construction and dimensions suitable for him and the work, together
with a foot-rest on which he can readily and comfortably support his feet if he
cannot do so without a foot-rest, and
(b)the arrangements shall be such that the seat is adequately and properly supported
while in use for the purpose for which it is provided.
(3)For the purposes of subsection (2) of this section the dimensions of a seat which
is adjustable shall be taken to be its dimensions as for the time being adjusted.]
Annotations:
Amendments (Textual)
F64S. 60 repealed (1.1.1993 with respect to
certain premises and 1.1.1996 with respect to certain further premises) by S.I. 1992/3004,
regs. 1(2)(3), 2, 3, 27(1), Sch. 2 Pt.I
(with reg. 27(2)).
61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65 E+W+S
Annotations:
Amendments (Textual)
F65S. 61 repealed (with saving) by S.I. 1981/917,
reg. 7, Sch. 1
62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66 E+W+S
Annotations:
Amendments (Textual)
F66Ss. 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
Part IV E+W+S+N.I. Health, Safety and Welfare (Special Provisions and Regulations)
Special provisions
63, 64.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67 E+W+S
Annotations:
Amendments (Textual)
F67Ss. 63, 64, 67, 77, 78, repealed by S.I. 1988/1657,
reg. 19(1), Sch. 8 Pt. II
F6865. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F68S. 65 repealed (1.1.1993) by S.I. 1992/2966,
reg. 14(2).
66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F69 E+W+S
Annotations:
Amendments (Textual)
F69Ss. 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
67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F70 E+W+S
Annotations:
Amendments (Textual)
F70Ss. 63, 64, 67, 77, 78, repealed by S.I. 1988/1657,
reg. 19(1), Sch. 8 Pt. II
F7168. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F71S. 68 repealed (1.1.1997) by S.I. 1996/3022,
reg. 2, Sch. Pt. I
[F7269
Underground rooms. E+W+S
(1)The inspector for the district may certify any underground room as unsuitable
for work other than work involved in the use of the room for the purpose of storage
or such other purpose as the Minister may by order specify, and where such a certificate
is in force with respect to any room no work for which it is certified as unsuitable
shall be carried on in it.
(2)Where the inspector certifies as unsuitable any room which is in actual use, he
shall suspend the operation of the certificate for such period as he considers reasonable
with a view to enabling the occupier to render the room suitable or to obtain other
premises.
(3)Except in the case of a room which on the first day of July, nineteen hundred
and thirty-eight was part of a factory (within the meaning of the M1Factories
Act 1937, as originally enacted) and was used for work for which it may be certified
as unsuitable under this section, the occupier of an underground room—
(a)shall, before the room is used for work for which it may be certified as unsuitable
under this section, give notice in the prescribed form and containing the prescribed
particulars to the inspector for the district; and
(b)shall not use the room for any such process as may be prescribed, being a process
of a hot, wet or dusty nature or which is liable to give off any fume, without the
consent in writing of the inspector for the district.
(4)If the occupier is aggrieved by any decision of an inspector under this section,
he may, within twenty-one days of the date of issue of the certificate or the refusal
of the consent, as the case may be, appeal to a magistrates’ court, or, in Scotland,
the sheriff, and, pending the final determination of an appeal against a decision
under subsection (1) of this section in the case of a room in actual use, no offence
shall be deemed to be committed under that subsection in respect of the room to
which the appeal relates.
(5)In this section—
“underground room” means any room which, or any part of which, is so situate that
at least half its height, measured from the floor to the ceiling, is below the surface
of the footway of the adjoining street or of the ground adjoining or nearest to
the room; and
“unsuitable” means unsuitable as regards construction, height, light or ventilation,
or on any hygienic ground, or on the ground that adequate means of escape in case
of fire are not provided.
(6)Any certificate issued under this section may be withdrawn by the inspector for
the district if such alterations are made as in his opinion to render the room suitable.]
Annotations:
Amendments (Textual)
F72S. 69 repealed (1.1.1993 with respect to
certain premises and 1.1.1996 with respect to certain further premises) by S.I. 1992/3004,
regs. 1(2)(3), 2, 3, 27(1), Sch. 2 Pt.I
(with reg. 27(2)).
Modifications etc. (not altering text)
C10Reference to Minister in s. 69(1), 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
Marginal Citations
70, 71.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F73 E+W+S
Annotations:
Amendments (Textual)
F73Ss. 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
F7472. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F74S. 72 repealed (1.1.1993) by S.I. 1992/2793,
reg. 8(1), Sch. 2 Pt.I.
73
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F75
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F76
Annotations:
Amendments (Textual)
F75S. 73(1) repealed by Employment Act
1989 (c. 38, SIF 43:1), ss. 10(1)(b),
29(4), Sch. 3 Pt. I,
Sch. 7 Pt. II
F76Ss. 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
F7774. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F77S. 74 repealed (1.4.1998) by S.I. 1998/543,
reg. 14(1)
75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F78 E+W+S
Annotations:
Amendments (Textual)
F78S. 75 repealed by S.I. 1980/1248,
Sch. 1
76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F79 E+W+S
Annotations:
Amendments (Textual)
F79Ss. 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
Supplementary provisions
77, 78.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F80 E+W+S+N.I.
Annotations:
Amendments (Textual)
F80Ss. 63, 64, 67, 77, 78, repealed by S.I. 1988/1657,
reg. 19(1), Sch. 8 Pt. II
F8179. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F81S. 79 repealed (10.9.1992) by S.I. 1992/1811,
reg. 6(7).
Part V E+W+S Notification and Investigation of Accidents and Industrial Diseases
80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F82 E+W+S
Annotations:
Amendments (Textual)
F82S. 80 repealed by S.I. 1980/804,
reg. 13, Sch. 5 Pt. I
81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F83 E+W+S
Annotations:
Amendments (Textual)
F83Ss. 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
82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F84 E+W+S
Annotations:
Amendments (Textual)
F84S. 82 repealed by S.I. 1985/2023,
reg. 13, Sch. 7 Pt. I
83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F85 E+W+S
Annotations:
Amendments (Textual)
F85Ss. 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
84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F86 E+W+S
Annotations:
Amendments (Textual)
F86Ss. 84, 164(4) repealed except in relation to
investigations commenced before 1.1.75 by S.I. 1974/1941, reg. 7, Sch. 1
85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87 E+W+S
Annotations:
Amendments (Textual)
F87Ss. 85, 118, 151, 152, 184(2) repealed by Employment Medical
Advisory Service Act 1972 (c. 28), Sch.
3
Part VI E+W+S Employment of Women and Young Persons
86—94.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F88 E+W+S
Annotations:
Amendments (Textual)
F88Ss. 86–94, 96–109, 112–116, repealed by Employment Act
1989 (c. 38, SIF 43:1), ss. 10(1)(a),
29(4), Sch. 3 Pt. I,
Sch. 7 Pt. II
95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F89 E+W+S
Annotations:
Amendments (Textual)
F89Ss. 95, 110–111 repealed by Sex Discrimination
Act 1986 (c. 59, SIF 106:1), s. 9(2),
Sch. Pt. III
96—109.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F90 E+W+S
Annotations:
Amendments (Textual)
F90Ss. 86–94, 96–109, 112–116, repealed by Employment Act
1989 (c. 38, SIF 43:1), ss. 10(1)(a),
29(4), Sch. 3 Pt. I,
Sch. 7 Pt. II
110—111.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F91 E+W+S
Annotations:
Amendments (Textual)
F91Ss. 95, 110–111 repealed by Sex Discrimination
Act 1986 (c. 59, SIF 106:1), s. 9(2),
Sch. Pt. III
112—116.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F92 E+W+S
Annotations:
Amendments (Textual)
F92Ss. 86–94, 96–109, 112–116, repealed by Employment Act
1989 (c. 38, SIF 43:1), ss. 10(1)(a),
29(4), Sch. 3 Pt. I,
Sch. 7 Pt. II
Exemptions in interest of efficiency of industry or transport
117 Exemptions from provisions regulating hours of employment. E+W+S
(1)Where the Minister is satisfied, on an application made to him in that behalf,
that it is desirable in the public interest to do so for the purpose of maintaining
or increasing the efficiency of industry . . .
F93, he may, after such consultations as he may think appropriate or as
may be required under subsection (5) of this section, exempt the employment of persons
[F94(other than children)] from . . . ,—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F95
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F96
.0 . .the M2Hours
of Employment (Conventions) Act 1936.
(2)An exemption granted under this section may extend to the employment of persons
generally, of a class of persons or of particular persons, and to employment generally,
or any class of employment or particular employment, and may be granted to such
extent and on such conditions as may be specified in the instrument by which it
is granted and, subject to subsection (4) of this section, either indefinitely or
for such period as may be so specified.
(3)An exemption under this section extending only to particular persons or a particular
employment or to a class of persons or employment defined by reference to particular
premises or to work supervised from particular premises, and any exemption under
this section for a particular day or particular days only, shall be granted by order,
to be known as a special exemption order, and any other exemption under this section
shall be granted by [F97regulations,]
to be known as general exemption regulations.
(4)An exemption granted by a special exemption order shall not be for more than one
year, without prejudice however to the granting of the like exemption for further
periods by further special exemption orders.
(5)The Minister shall not make general exemption regulations except—
(a)on the application of a joint industrial council, conciliation board or other
similar body constituted by organisations which appear to him to be representative
respectively of workers and employers concerned; or
F98(b). . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
(c)on the joint application of an organisation which appears to him to be representative
of employers concerned and of an organisation which appears to him to be representative
of workers concerned; or
(d)on the application of an organisation which appears to him to be representative
of employers concerned and after consulting an organisation which appears to him
to be representative of workers concerned; or
(e)on the application of an organisation which appears to him to be representative
of workers concerned and after consulting an organisation which appears to him to
be representative of employers concerned.
(6)The Minister shall publish in the London Gazette such particulars of special exemption
orders as he considers appropriate.
(7)In this section “organisation” includes—
(a)in relation to workers, an association of trade unions, and
(b)in relation to employers, an association of organisations of employers and also
any body established by or under any enactment for the purpose of carrying on under
national ownership any industry or part of an industry or undertaking;
and “trade union” includes an association of trade unions.
Annotations:
Amendments (Textual)
F93Words repealed by
Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 1 Pt. III
F94Words substituted by
Employment Act 1989 (c. 38, SIF 43:1), s. 10(2), Sch. 3 Pt.
III para. 14
F95117(1)(a) repealed by
Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II
F96Paragraph (b) and “(c)” repealed by Employment Act 1989 (c. 38,
SIF 43:1), s. 29(4), Sch. 1 Pt. III
F97Word substituted by virtue of S.I. 1974/1941, Sch. 2 para. 2
F98S. 117(5)(b) repealed (30.8.1993)
by
Trade Union Reform and Employment Rights Act 1993 (c. 19),
s. 51, Sch.10;
S.I. 1993/1908, art. 2(1),
Sch.1 Table
Modifications etc. (not altering text)
C11Reference to Minister in s. 117, 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
Marginal Citations
Certificate of fitness for employment of young persons
118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F99 E+W+S
Annotations:
Amendments (Textual)
F99Ss. 85, 118, 151, 152, 184(2) repealed by Employment Medical
Advisory Service Act 1972 (c. 28), Sch.
3
119 Power of inspector to require certificate of fitness for work. E+W+S
Where an inspector is of opinion that the employment of a young person in a factory
or in a particular process or kind of work in a factory is prejudicial to his health
or the health of other persons, he may serve written notice on the occupier of the
factory informing him thereof and requiring that the employment of that young person
in the factory or in the process or kind of work, as the case may be, be discontinued
after the period named in the notice (which shall not be less than one nor more
than seven days after the service of the notice) and the occupier shall not continue
after that period to employ the young person . . .
F100 unless the appointed factory doctor [F101or
an employment medical adviser] has, after the service of the notice, personally
examined the young person and certified that he is fit for employment in the factory
or in the process or kind of work, as the case may be.
Annotations:
Amendments (Textual)
F100Words repealed by Employment Medical
Advisory Service Act 1972 (c. 28), Sch.
3
F101Words inserted by Employment Medical
Advisory Service Act 1972 (c. 28), Sch.
2
119A Duty of factory occupier to give notice of employment of a young person. E+W+S
F102. . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .
Annotations:
Amendments (Textual)
F102S. 119A repealed (3.5.1997) by Employment Act
1989 (c. 38, SIF 43:1), ss. 10(1)(b),
29(4), Sch. 3 Pt. II,
Sch. 7 Pt. III;
S.I. 1997/134, art. 2
Part VII E+W+S Special Applications and Extensions
Factories occupying parts of buildings
120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F103 E+W+S
Annotations:
Amendments (Textual)
F103Ss. 40–52, 120, 140(2), 148, 165, repealed by S.I. 1976/2004,
Sch.
121 Tenement factories—other provisions. E+W+S
(1)Subject to the following provisions of this section, the owner (whether or not
he is one of the occupiers) of a tenement factory shall, instead of the occupier,
be responsible for any contravention of the following provisions of this Act, that
is to say—
(a)the provisions of Part I with respect to the drainage of floors, sanitary conveniences,
cleanliness, overcrowding, temperature, ventilation and lighting;
(b)the provisions of Part II with respect to the provision and maintenance of fencing
and safety appliances, the construction, maintenance, testing and examination of
machinery or plant, the construction and maintenance of floors, passages and stairs,
. . . F104;
(c)the provisions of Part III;
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F105
(e)the provisions of Part V;
(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F106F107. . .
F108(g). . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
and for the purposes of those provisions the whole of a tenement factory shall be
deemed to be one factory in the occupation of the owner.
(2)Subsection (1) of this section does not apply to any contravention arising from
the use in a tenement of any fencing, appliances, machinery or plant, if the use
is a matter outside the control of the owner.
(3)Subsection (1) of this section does not apply to a contravention in rooms occupied
by only one tenant—
(a)of the provisions of Part I with respect to cleanliness, overcrowding, temperature,
ventilation and lighting; or
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
unless the contravention arises from a failure to carry out any necessary structural
work or from any defect in any machinery, plant or fixtures belonging to the owner;
and does not apply to a contravention in any such room of the provisions of Part
V.
(4)Subsection (1) of this section does not apply to a contravention of the provisions
of Part III unless it arises from any such failure or defect as is mentioned in
subsection (3) of this section.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F109
(6)The provisions of this Act shall, so far as they are applicable and have not been
applied by the foregoing provisions of this section, apply to any part of a tenement
factory which is not comprised within any of the separate factories as if that part
were a factory and the owner were the occupier thereof.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F110
Annotations:
Amendments (Textual)
F104Words repealed by
S.I. 1974/1941, reg. 7, Sch. 1
F105S. 121(1)(d)(3)(b) repealed by S.I. 1988/1657,
reg. 19(1)(b), Sch. 8 Pt. II
F106Words repealed by
Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II
F107Word in s. 121(1)(f) repealed (1.1.1996) by
S.I. 1995/2923, reg. 3(1), Sch. Pt. I
F108S. 121(1)(g) repealed (1.1.1996) by
S.I. 1995/2923, reg. 3(1), Sch. Pt. I
F109Ss. 121(5), 126(2)(f) repealed by Employment Act
1989 (c. 38, SIF 43:1), s. 29(4),
Sch. 7 Pt. II
F110Ss. 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
122 Parts of buildings let off as separate factories—other provisions. E+W+S
(1)Where a part of a building is let off as a separate factory but is not part of
a tenement factory,—
(a)the provisions of this Act specified in paragraphs (a) and (b) of subsection (2)
of this section shall apply to any part of the building used for the purposes of
the factory but not comprised therein;
(b)subject to subsections (4) and (5) of this section, the owner of the building
shall be responsible for any contravention of the provisions specified in the said
paragraph (a) as so applying; and
(c)subject to subsection (5) of this section, the owner of the building shall be
responsible, instead of the occupier, for any contravention as respects the factory,
of the provisions specified in paragraph (c) of subsection (2) of this section.
(2)The said provisions are—
(a)the provisions of Part I with respect to cleanliness and lighting, and the provisions
of Part II with respect to prime movers, transmission machinery, hoists and lifts,
chains, ropes and lifting tackle, cranes and other lifting machines, the construction
and maintenance of floors, passages and stairs, the keeping free from obstruction
and slippery substances of floors, steps, stairs, passages and gangways, [F111and
with respect to steam boilers, steam receivers and steam containers, and air receivers];
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F112
(c)the provisions of Part I with respect to sanitary conveniences and the provisions
of Part II with respect to hoists and lifts.
(3)For the purposes of the provisions applied by the foregoing provisions of this
section, lifting machines attached to the outside of the building, and chains, ropes
and lifting tackle used in connection with those machines, shall be treated as being
in the building, but any lifting machine not used for the purposes of the factory,
and any chains, ropes or lifting tackle not used in connection with a lifting machine
so used, shall be disregarded.
(4)For any contravention (whether as respects the factory or otherwise) of the provisions
of Part II with respect to chains, ropes and lifting tackle, cranes and other lifting
machines, [F111steam boilers, steam
receivers and steam containers, and air receivers]—
(a)the occupier of the factory shall be responsible if it is a contravention with
respect to any machinery or plant belonging to or supplied by him; and
(b)the owner of the building shall be responsible in any other case;
except that the owner shall not be responsible for a contravention of those provisions
in so far as they relate to matters outside his control, and for any such contravention
as respects the factory the occupier shall be responsible.
(5)The owner shall be responsible by virtue of this section—
(a)for the cleanliness of sanitary conveniences only when used in common by several
tenants; and
(b)for a contravention of the provisions relating to hoists and lifts only so far
as those provisions relate to matters within his control.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F113
(7)Any reference in the provisions applied by the foregoing provisions of this section
to the general register shall, in relation to matters in respect of which the owner
of the building is responsible, be construed as a reference to a register to be
kept by him, . . . F114
Annotations:
Amendments (Textual)
F111Words repealed (1.7.1994) by S.I. 1989/2169, reg. 26, Sch. 6, Pt. I
F112S. 122(2)(b) repealed by S.I. 1974/1941,
reg. 7, Sch. 1
F113Ss. 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
F114Words repealed by
S.I. 1974/1941, reg. 7, Sch. 1
Electrical stations
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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F115
(c)Part V;
(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)Part XII;
(f)Part XIII;
(g)Part XIV.
(3)The Minister may by [F116regulations]
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 [F116regulations]
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.
Annotations:
Amendments (Textual)
F115S. 123(2)(b)(d) repealed by S.I. 1974/1941,
reg. 7, Sch. 1
F116Word substituted by virtue of S.I. 1974/1941, Sch. 2 para. 2
Modifications etc. (not altering text)
C12S. 123(1) amended by Offices, Shops and Railway
Premises Act 1963 (c. 41), s. 74(1)
Institutions
124 Institutions. E+W+S
(1)Where, in any premises forming part of an institution carried on for charitable
or reformatory purposes, any manual labour is exercised in or incidental to the
making, altering, repairing, ornamenting, finishing, washing, cleaning or adapting
for sale, of articles not intended for the use of the institution, but the premises
do not constitute a factory, the provisions of this Act shall nevertheless apply
to the premises, . . . F117
(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F118
Annotations:
Amendments (Textual)
F117Words repealed by
S.I. 1974/1941, reg. 7, Sch. 1
F118Ss. 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
Docks, wharves, quays, warehouses and ships
125 Docks, etc. E+W+S
(1)The provisions of this Act specified in subsection (2) of this section shall apply
to every dock, wharf or quay (including any warehouse belonging to the owners, trustees
or conservators of the dock, wharf or quay, and any line or siding used in connection
with and for the purposes of the dock, wharf or quay and not forming part of a railway
or tramway) and every other warehouse (not forming part of a factory) in or for
the purposes of which mechanical power is used—
(a)as if it were a factory; and
(b)as if the person having the actual use or occupation of it or of any premises
within it or forming part of it, were the occupier of a factory.
(2)The said provisions are:—
[F119(a)the provisions of Part II with respect to steam
boilers, but with the modification that the owner of the boiler shall, instead of
the person deemed to be the occupier, be responsible for any contravention of those
provisions:]
(b)the provisions of sections fifty and fifty-one so far as they enable the Minister
to make regulations;
(c)—(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F120
(f)Part V;
(g)the provisions of Part VII with respect to premises where part of a building is
a separate factory, subject to such modifications as may be made by regulations
of the Minister;
(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F121
(j)the provisions of Part X with respect to . . .
F122F123. . ., general registers (so far as applicable),
preservation of registers and records, but subject to such modifications as may
be made by regulations of the Minister, . . .
F124;
(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F125
(l)Part XII; and
(m)Part XIV.
(3)Subject to subsection (4) of this section,—
(a)the provisions of this Act mentioned in paragraph (a) (subject to the modification
mentioned in that paragraph) and in paragraphs . . .
F126, (f), . . . , (j), . . . , (l) and (m) of subsection (2) of this section;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F127
shall apply to the process of loading, unloading or coaling of any ship in any dock,
harbour or canal, and to all machinery or plant used in those processes, as if the
processes were carried on in a factory and the machinery or plant were machinery
or plant in a factory, and the person who carries on those processes were the occupier
of a factory.
[F128(4)Nothing in this section shall apply to any machinery
or plant which is on board a ship and is the property of the ship owner or charterer,
or is rented, leased or hired by him or his agent, or is being purchased by him
or his agent under a hire-purchase agreement or a conditional sale agreement (each
within the meaning of section 53 of the Health and Safety at Work etc. Act 1974).]
(5)In subsections (3) and (4) of this section “plant” includes any gangway or ladder
used by any person employed to load or unload or coal a ship.
(6)The provisions of Part II of this Act with respect to prime movers, transmission
machinery, other machinery, provisions as to unfenced machinery, construction and
maintenance of fencing, construction and sale of new machinery, cleaning of machinery
by women and young persons, training and supervision of young persons working at
dangerous machines, hoists and lifts, chains, ropes and lifting tackle, cranes and
other lifting machines, construction and maintenance of floors, passages and stairs,
. . . shall apply to every warehouse mentioned in subsection (1) of this section
as if the warehouse were a factory and the person having the actual use or occupation
thereof were the occupier of a factory [F129,][F129except
that this subsection shall not operate to apply the provisions to chains, ropes
and lifting tackle, cranes and other lifting machines, or to the construction and
maintenance of floors, passages and stairs, in warehouses which are dock premises.]
[F130(7)The provisions of Part II of this Act, and any
regulations made under that Part, with respect to prime movers, transmission machinery,
other machinery, provisions as to unfenced machinery, construction and maintenance
of fencing, hoists and lifts shall apply to all dock premises as if the dock premises
were a factory, and the person having the control of such matter were the occupier
of the factory in respect of that matter.
(8)The provisions of section 173 of this Act (application to Crown) shall apply to
all dock premises as if the dock premises were a factory, but only for the purpose
of applying to the Crown such provisions of this Act as are applied to docks, wharfs,
quays and dock premises by virtue of the foregoing provisions of this section.
(9)In subsections (6), (7) and (8) of this section “dock premises” means any dock,
wharf, quay, jetty or other place at which ships load or unload goods or embark
or disembark passengers, together with neighbouring land or water which is used
or occupied, or intended to be used or occupied, for those or incidental activities,
and any part of a ship when used for those or incidental activities.]
Annotations:
Amendments (Textual)
F119Ss. 32, 35, 36, 125, 127(2)(c) repealed (1.7.1994)
by
S.I. 1989/2169, reg. 26, Sch. 6 Pt. I
F120S. 125(2)(c)–(e) repealed by S.I. 1974/1941,
reg. 7, Sch. 1
F121S. 125(2)(h) repealed by S.I. 1975/1012,
Sch.
F122Words repealed by
S.I. 1989/682, reg. 8(1), Sch. Pt. I
F123Words in s. 125(2)(j) repealed (1.1.1996) by
S.I. 1995/2923, reg. 3(1), Sch. Pt. I
F124Words repealed by
S.I. 1975/1012, Sch.
F125S. 125(2)(k) repealed by S.I. 1974/1941,
reg. 7, Sch. 1
F126Words repealed by
S.I. 1974/1941, reg. 7, Sch. 1
F127S. 125(3)(b) and preceding “and” repealed
by
Employment Medical Advisory Service Act 1972 (c. 28), Sch.
3
F128S. 125(4) substituted by S.I. 1988/1655,
regs. 2(1), 3, 23, with application
as mentioned in reg. 3
F129Words added and “,” substituted S.I. 1988/1655, regs. 2(1), 3, 23, with application
as mentioned in reg. 3
F130S. 125(7)–(9) added by S.I. 1988/1655,
regs. 2(1), 3, 23, with application
as mentioned in reg. 3
Modifications etc. (not altering text)
C13S. 125 amended by Employment Medical
Advisory Service Act 1972 (c. 28), s.
8(1)
C14S. 125(1) amended by Offices, Shops and Railway
Premises Act 1963 (c. 41), s. 75(1)(3)
C15S. 125(2)(j) amended by S.I. 1974/1941,
Sch. 2 para. 9
126 Ships. E+W+S
(1)Subject to subsection (3) of this section, the provisions of this Act specified
in subsection (2) of this section shall apply to any work carried out in a harbour
or wet dock in constructing, reconstructing, repairing, refitting, painting, finishing
or breaking up a ship or in scaling, scurfing or cleaning boilers (including combustion
chambers and smoke boxes) in a ship, or in cleaning oil-fuel tanks or bilges in
a ship or any tank in a ship last used for oil of any description carried as cargo
or any tank or hold last used for any substance so carried of a description specified
in regulations of the Minister as being of a dangerous or injurious nature; and
for the purposes of those provisions as so applying the ship shall be deemed to
be a factory, and any person undertaking the work shall be deemed to be the occupier
of a factory.
(2)The said provisions are:—
(a)the provisions of sections fifty and fifty-one so far as they enable the Minister
to make regulations;
(b)—(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F131
(e)Part V;
(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F132
(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F133
(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F134
(j)the provisions of Part X with respect to general registers (so far as applicable),
preservation of registers and records, . . .
F135
(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F136
(l)Part XII;
(m)Part XIV.
(3)Nothing in this Act shall apply to any such work as is mentioned in subsection
(1) of this section which is done by the master or crew of a ship or done on board
a ship during a trial run.
Annotations:
Amendments (Textual)
F131S. 126(2)(b)–(d) repealed by S.I. 1974/1941,
reg. 7, Sch. 1
F132Ss. 121(5), 126(2)(f) repealed by Employment Act
1989 (c. 38, SIF 43:1), s. 29(4),
Sch. 7 Pt. II
F133S. 126(2)(g) repealed by Employment Medical
Advisory Service Act 1972 (c. 28), Sch.
3
F134S. 126(2)(h) repealed by S.I. 1975/1012,
Sch.
F135Words repealed by
S.I. 1975/1012, Sch.
F136S. 126(2)(k) repealed by S.I. 1974/1941,
reg. 7, Sch. 1
Modifications etc. (not altering text)
C16S. 126 amended by Employment Medical
Advisory Service Act 1972 (c. 28), s.
8(1)
Works of building and engineering construction
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;
[F137(c)the provisions of Part II with respect to steam
boilers and air receivers . . . F138]
(d), (e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F139
(f)Part V;
(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F140
(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F141
(j)the provisions of Part X with respect to . . .
F142F143. . ., general registers (so far as applicable),
preservation of registers and records, . . .
F144
(k)the provisions of Part XI with respect to . . . duties of . . . district councils;
(l)Part XII;
(m)Part XIII;
(n)Part XIV.
F145(3). . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
(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
F146. . . 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 . . ..
F147(6). . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . .
(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.
Annotations:
Amendments (Textual)
F137Ss. 32, 35, 36, 125, 127(2)(c) repealed (1.7.1994)
by
S.I. 1989/2169, reg. 26, Sch. 6 Pt. I
F138Words repealed by
S.I. 1974/1941, reg. 7, Sch. 1
F139S. 127(2)(d)(e) repealed by S.I. 1974/1941,
reg. 7, Sch. 1
F140S. 127(2)(g) repealed by Employment Medical
Advisory Service Act 1972 (c. 28), Sch.
3
F141S. 127(2)(h) repealed by S.I. 1975/1012,
Sch.
F142Words repealed by
S.I. 1989/682, reg. 8(1), Sch. Pt. I
F143Words in s. 127(2)(j) repealed (1.1.1996) by
S.I. 1995/2923, reg. 3, Sch. Pt. I
F144Words repealed by
S.I. 1975/1012, Sch.
F145S. 127(3) repealed (2.9.1996) by S.I. 1996/1592,
reg. 34, Sch. 9 para. 2(a)
F146Words in s. 127(5) repealed (1.1.1996) by S.I. 1995/2923,
reg. 3, Sch. Pt. I
F147S. 127(6)(7) repealed (31.3.1995)
by
S.I. 1994/3140, reg. 24(1)
Modifications etc. (not altering text)
C17S. 127 amended by Employment Medical
Advisory Service Act 1972 (c. 28), s.
8(1)
C18S. 127(2)(j), (3)(5) amended by S.I. 1974/1941,
Sch. 2 para. 9
Lead processes carried on in places other than factories
F148128. . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . E+W+S
Annotations:
Amendments (Textual)
F148S. 128 repealed (1.4.1998) by S.I. 1998/543,
reg. 14(1)
129
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F149
(2)—(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F150
Annotations:
Amendments (Textual)
F149Ss. 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
F150Ss. 129(2)–(6), 130, repealed by S.I. 1980/1248,
reg. 20(1), Sch. 1
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