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FACTORIES ACT (NORTHERN IRELAND) 1965 FACTORIES ACT (NORTHERN IRELAND) 1965 - LONG TITLE An Act to consolidate the Factories Acts (Northern Ireland) 1938 to 1959, and certain other enactments relating to the safety, health and welfare of employed persons. [4th November 1965] PART I FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 1 1.(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), (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) but subject to subsection (4), 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 chief inspector; (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 chief inspector; (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 chief inspector otherwise requires, the provisions of subsection (3) shall not apply to any factory where mechanical power is not used and less than ten persons are employed. Subs.(5) rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 2 Overcrowding. 2.(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) but subject to subsection (3), 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 four hundred cubic feet. (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) 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. Subs.(4) rep. by SR 1979/246 (5) In calculating for the purposes of this section the amount of cubic space in any room no space more than fourteen feet 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) If the chief inspector so requires, 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. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 3 Temperature. 3.(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 sixty degrees 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. Subs.(3) rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 4 Ventilation. 4.(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, and for rendering harmless, so far as practicable, all such fumes, dust and other impurities generated in the course of any process or work carried on in the factory as may be injurious to health. Subs.(2) rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 5 Lighting. 5.(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. Subs.(2) rep. by SR 1979/246 (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. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 6 Drainage of floors. 6. 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. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 7 Sanitary conveniences. 7.(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. Subs.(2) rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 8 Enforcement of certain provisions of Part I. 8.(1) The foregoing provisions of this Part relating to sanitary conveniences and any regulations made thereunder shall be enforced in [each district by the district council for that district]. (2) Subject to subsections (3) and (4), the foregoing provisions of this Part relating to cleanliness, overcrowding, temperature, ventilation and drainage of floors and any order or regulations made thereunder shall, as respects any factory in which mechanical power is not used, be enforced in [each district by the district council for that district]. (3) Subsection (2) shall not apply to any premises occupied or used by a railway company for the purposes of their railway or to any premises vested in the owners, trustees or commissioners, acting under powers conferred on them by Act of Parliament, of any dock, harbour or inland navigation and used for the purposes of the dock, harbour or inland navigation. (4) Where special provision is made by this Act or any order or regulation made thereunder, against a risk of industrial disease or other risk of injury to health, the Ministry may by order direct that the provisions mentioned in subsection (2) or any of them shall not be enforced by [a district council] in the case of any class or description of factory or part thereof in respect of which that special provision is made. (5) [Each district council] shall keep a register of all factories situate within [its district] with respect to which the duty to enforce any of the foregoing provisions of this Part is imposed on [it]. (6) For references in any of the foregoing provisions of this Part to the chief inspector there shall be substituted, as respects any factory or part thereof in which that provision is enforceable by [a district council], references to [such public health inspector as may be authorised by the district council]. Ss.9,10 rep. by SRO (NI) 1973/211; SR 1979/246[ FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 10A Medical examinations of persons employed in factories. 10A.(1) If an employment medical adviser is of opinion that there ought, on grounds mentioned in subsection (2), 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) 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) 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) 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); 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.] FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 11 Provisions as to workplaces. 11.(1) The provisions of section 107 of the Public Health (Ireland) Act 1878 with respect to a factory, workshop or workplace not being kept in a cleanly state or not ventilated, or overcrowded, and the provisions of section 22 of the Public Health Acts Amendment Act 1890 relative to sanitary conveniences in certain buildings shall not apply to any factory to which the foregoing provisions of this Part of this Act apply, but [, subject to section 72 of the Office and Shop Premises Act (Northern Ireland) 1966,] shall apply to any workplace which is not a factory within the meaning of this Act. (2) Every workplace within the meaning of the Public Health (Ireland) Act 1878, which is not a factory to which the foregoing provisions of this Act apply, [or premises to which the Office and Shop Premises Act (Northern Ireland) 1966 applies] must be kept free from noxious effluvia and, unless so kept, shall be deemed to be a nuisance liable to be dealt with summarily under the law relating to public health. (3) For the purpose of their duties with respect to such workplaces as aforesaid a [district council and such officers as it may authorise] shall, without prejudice to their other powers, have such powers of entry, inspection, taking legal proceedings or otherwise as an inspector ....[ FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 12 Power to require medical supervision. 12.(1) Where it appears to the Ministry (a)that in any factory or class or description of factory (i)cases of illness have occurred which it 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)young persons are or are about to be employed in work which may cause risk of injury to their health; or (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; (2) Where the Ministry proposes to exercise its powers under this section in relation to a particular factory and for a limited period, it may exercise those powers by order instead of by special regulations, and any such order shall, subject to subsection (3), 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 Ministry may by subsequent order or orders extend the said period, but if the occupier of the factory by notice in writing to the Ministry 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.] Prime movers. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 13 13.(1) Every flywheel directly connected to any prime mover and every moving part of any prime mover, except such prime movers as are mentioned in subsection (3), shall be securely fenced, whether the flywheel or prime mover is situated in an engine-house or not. (2) The head and tail race of every water wheel and of every water turbine shall be securely fenced. (3) Every part of electric generators, motors and rotary converters, and every flywheel directly connected thereto, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 14 Transmission machinery. 14.(1) Every part of the transmission machinery shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced. (2) Efficient devices or appliances shall be provided and maintained in every room or place where work is carried on by which the power can promptly be cut off from the transmission machinery in that room or place. (3) A driving belt when not in use shall not be allowed to rest or ride upon a revolving shaft which forms part of the transmission machinery. (4) Suitable striking gear or other efficient mechanical appliances shall be provided and maintained and used to move driving belts to and from fast and loose pulleys which form part of the transmission machinery, and any such gear or appliances shall be so constructed, placed and maintained as to prevent the driving belt from creeping back on to the fast pulley. [(5) Where the Ministry is satisfied that owing to special circumstances the fulfilment of any of the requirements of subsections (2) to (4) is unnecessary or impracticable, it may by order direct that that requirement shall not apply in those circumstances.] FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 15 Other machinery. 15.(1) Every dangerous part of any machinery, other than prime movers and transmission machinery, shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced. (2) In so far as the safety of a dangerous part of any machinery cannot by reason of the nature of the operation be secured by means of a fixed guard, the requirements of subsection (1) shall be deemed to have been complied with if a device is provided which automatically prevents the operator from coming into contact with that part. Subs.(3)(4) rep. by SR 1979/246 (5) Any part of a stock-bar which projects beyond the head-stock of a lathe shall be securely fenced unless it is in such a position as to be as safe to every person employed or working on the premises as it would be if securely fenced. Subs.(6) rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 16 Provisions as to unfenced machinery. 16.(1) In determining, for the purposes of the foregoing provisions of this Part, whether any part of machinery is in such a position or of such construction as to be as safe to every person employed or working on the premises as it would be if securely fenced, the following paragraphs shall apply in a case where this section applies, that is to say (a)no account shall be taken of any person carrying out, while the part of machinery is in motion, an examination thereof or any lubrication or adjustment shown by the examination to be immediately necessary, if the examination, lubrication or adjustment can only be carried out while the part of machinery is in motion; and (b)in the case of any part of transmission machinery used in any such process as may be specified in regulations made by the Ministry, being a process where owing to the continuous nature thereof the stopping of that part would seriously interfere with the carrying on of the process, no account shall be taken of any person carrying out, by such methods and in such circumstances as may be specified in the regulations, any lubrication or any mounting or shipping of belts. (2) This section only applies where the examination, lubrication or other operation is carried out by such ... persons who have attained the age of eighteen as may be specified in regulations made by the Ministry, and all such other conditions as may be so specified are complied with. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 17 Construction and maintenance of fencing. 17. All fencing or other safeguards provided in pursuance of the foregoing provisions of this Part shall be of substantial construction, and constantly maintained and kept in position while the parts required to be fenced or safeguarded are in motion or use, except when any such parts are necessarily exposed for examination and for any lubrication or adjustment shown by the examination to be immediately necessary, and all such conditions as may be specified in regulations made by the Ministry are complied with. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 18 Construction and sale of machinery. 18.(1) In the case of any machine in a factory which is a machine intended to be driven by mechanical power (a)every set-screw, bolt or key on any revolving shaft, spindle, wheel or pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger; and (b)all spur and other toothed or friction gearing, which does not require frequent adjustment while in motion, shall be completely encased unless it is so situated as to be as safe as it would be if completely encased. (2) Any person who sells or lets on hire, or as agent of the seller or hirer causes or procures to be sold or let on hire, for use in a factory any machine intended to be driven by mechanical power which does not comply with the requirements of this section shall be guilty of an offence .... Subs.(3)(5) rep. by SR 1979/246 (6) Nothing in this section shall apply to any machine constructed before the 24th November 1938, and regulations under subsection (3) shall not apply to any machinery or plant constructed before the making of the regulations. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 19 Dangerous substances. 19.(1) Every fixed vessel, structure, sump or pit of which the edge is less than three feet 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 three feet 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 it is not securely covered, a ladder, stair or gangway shall not be placed above, across or inside it which is not (a)at least eighteen inches wide; and (b)securely fenced on both sides to a height of at least three feet and securely fixed. (3) Where any such vessels, structures, sumps or pits as are mentioned in subsection (2) adjoin, and the space between them, clear of any surrounding brick or other work, is less than eighteen inches in width or is not securely fenced on both sides to a height of at least three feet, 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. Subs.(5)(6) rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 20 Self-acting machines. 20.(1) In any factory or part of a factory to which this subsection applies any traversing part of any self-acting machine and any material carried thereon shall not, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed on its outward or inward traverse to run within a distance of eighteen inches from any fixed structure which is not part of the machine; but nothing in this subsection shall prevent any portion of the traversing carriage of any self-acting spinning mule being allowed to run to a point twelve inches distant from any part of the head-stock of another such machine. (2) Subsection (1) applies (a)to any factory erected after the 31st December 1895; and (b)to any factory or part of a factory reconstructed after the 24th November 1938; and (c)to any extension of or addition to a factory made after the 24th November 1938. (3) All practicable steps shall be taken by instructions to the person in charge of the machine and otherwise to ensure that no person employed shall be in the space between any traversing part of a self-acting spinning mule and any fixed part of the machine towards which the traversing part moves on the inward run, except when the machine is stopped with the traversing part on the outward run. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 21 Cleaning of machinery by women and young persons. 21. A woman or young person shall not clean any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, and shall not clean any part of any machine if the cleaning thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 22 Training and supervision of young persons working at dangerous machines. 22.(1) A young person shall not work at any machine to which this section applies, unless he has been fully instructed as to the dangers arising in connection with it and the precautions to be observed, and (a)has received a sufficient training in work at the machine; or (b)is under adequate supervision by a person who has a thorough knowledge and experience of the machine. (2) This section applies to such machines as may be prescribed by the Ministry, being machines which in its opinion are of such a dangerous character that young persons ought not to work at them unless the foregoing requirements are complied with. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 23 Hoists and lifts general. 23.(1) Every hoist or lift shall be of good mechanical construction, sound material and adequate strength, and shall be properly maintained. (2) Every hoist or lift shall be thoroughly examined by a competent person at least once in every period of six months and a report of the result of every such examination in the prescribed form and containing the prescribed particulars shall be signed by the person making the examination and shall within twenty-eight days be entered in or attached to the general register. (3) Where the examination shows that the hoist or lift cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time, the person making the report shall within twenty-eight days of the completion of the examination send a copy of the report to the chief inspector. (4) Every hoistway or liftway shall be efficiently protected by a substantial enclosure fitted with gates, and the enclosure shall be such as to prevent, when the gates are shut, any person falling down the way or coming into contact with any moving part of the hoist or lift. (5) Any such gate shall, subject to subsection (6) and to section 26, be fitted with efficient interlocking or other devices to secure that the gate cannot be opened except when the cage or platform is at the landing and that the cage or platform cannot be moved away from the landing until the gate is closed. (6) If in the case of a hoist or lift constructed or reconstructed before the 24th November 1938, it is not reasonably practicable to fit it with such devices as are mentioned in subsection (5), it shall be sufficient if the gate (a)is provided with such arrangements as will secure the objects of that subsection so far as is reasonably practicable, and (b)is kept closed and fastened except when the cage or platform is at rest at the landing. (7) Every hoist or lift and every such enclosure as is mentioned in subsection (4) shall be so constructed as to prevent any part of any person or any goods carried in the hoist or lift from being trapped between any part of the hoist or lift and any fixed structure or between the counterbalance weight and any other moving part of the hoist or lift. (8) There shall be marked conspicuously on every hoist or lift the maximum working load which it can safely carry, and no load greater than that load shall be carried on any hoist or lift. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 24 Hoists and lifts used for carrying persons. 24.(1) The following additional requirements shall apply to hoists and lifts used for carrying persons, whether together with goods or otherwise: (a)efficient automatic devices shall be provided and maintained to prevent the cage or platform overrunning; (b)every cage shall on each side from which access is afforded to a landing be fitted with a gate, and in connection with every such gate efficient devices shall be provided to secure that, when persons or goods are in the cage, the cage cannot be raised or lowered unless the gate is closed, and will come to rest when the gate is opened. (2) In the case of a hoist or lift constructed or reconstructed before the 24th November 1938 in connection with which it is not reasonably practicable to provide such devices as are mentioned in subsection (1)(b), it shall be sufficient if (a)such arrangements are provided as will secure the objects of subsection (1)(b) so far as is reasonably practicable; and (b)the gate is kept closed and fastened except when the cage is at rest or empty. (3) In the case of a hoist or lift used as mentioned in subsection (1) which was constructed or reconstructed after the 24th November 1938, where the platform or cage is suspended by rope or chain, there shall be at least two ropes or chains separately connected with the platform or cage, each rope or chain and its attachments being capable of carrying the whole weight of the platform or cage and its maximum working load, and efficient devices shall be provided and maintained which will support the platform or cage with its maximum working load in the event of a breakage of the ropes or chains or any of their attachments. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 25 Teagle openings and similar doorways. 25.(1) Every teagle opening or similar doorway used for hoisting or lowering goods or materials, whether by mechanical power or otherwise, shall be securely fenced and shall be provided with a secure hand-hold on each side. (2) The fencing shall be properly maintained and shall, except when the hoisting or lowering of goods or materials is being carried on at the opening or doorway, be kept in position. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 26 Exceptions and provisions supplementary to sections 23 to 25. 26.(1) For the purposes of sections 23 and 24, a lifting machine or appliance shall not be deemed to be a hoist or lift unless it has a platform or cage the direction of movement of which is restricted by a guide or guides. (2) Section 23(4) to (8) and section 24 shall not apply in the case of a continuous hoist or lift, and in such a case section 23(2) shall have effect as if for the reference to six months there were substituted a reference to twelve months. (3) Section 23(5) and (6) and section 24 shall not apply in the case of a hoist or lift not connected with mechanical power; and in such a case (a)section 23(2) shall have effect as if for the reference to six months there were substituted a reference to twelve months; and (b)any gates to be fitted under section 23(4) shall be kept closed and fastened except when the cage or platform is at rest at the landing. Subs.(4) rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 27 Chains, ropes and lifting tackle. 27.(1) The following provisions shall be complied with as respects every chain, rope or lifting tackle used for the purpose of raising or lowering persons, goods or materials: (a)a chain, rope or lifting tackle shall not be used unless it is of good construction, sound material, adequate strength and free from patent defect; (b)subject to subsection (2), a table showing the safe working loads of every kind and size of chain, rope or lifting tackle in use, and, in the case of a multiple sling, the safe working load at different angles of the legs, shall be posted in the store in which the chains, ropes or lifting tackle are kept, and in prominent positions on the premises, and any chain, rope or lifting tackle not shown in the table shall not be used; (c)a chain, rope or lifting tackle shall not be used for any load exceeding its safe working load as shown by the table mentioned in paragraph (b) or marked as mentioned in subsection (2); (d)all chains, ropes and lifting tackle in use shall be thoroughly examined by a competent person at least once in every period of six months or at such greater intervals as the Ministry may prescribe; (e)a chain, rope or lifting tackle, except a fibre rope or fibre rope sling, shall not be taken into use in any factory for the first time in that factory unless it has been tested and thoroughly examined by a competent person and a certificate of the test and examination specifying the safe working load and signed by the person making the test and examination has been obtained and is kept available for inspection; (f)every chain and lifting tackle except a rope sling shall, unless of a class or description exempted by certificate of the chief inspector upon the ground that it is made of such material or so constructed that it cannot be subjected to heat treatment without risk of damage or that it has been subjected to some form of heat treatment (other than annealing) approved by him, be annealed at least once in every fourteen months or, in the case of chains or slings of half-inch bar or smaller, or chains used in connection with molten metal or molten slag, in every six months, except that chains and lifting tackle not in regular use need be annealed only when necessary; (g)a register containing the prescribed particulars shall be kept in respect of all such chains, ropes or lifting tackle, except fibre rope slings. (2) Subsection (1)(b) shall not apply in relation to any lifting tackle if its safe working load or, in the case of a multiple sling, the safe working load at different angles of the legs is plainly marked upon it. (3) In this section "lifting tackle" means chain slings, rope slings, rings, hooks, shackles and swivels. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 28 Cranes and other lifting machines. 28.(1) All parts and working gear, whether fixed or movable, including the anchoring and fixing appliances, of every lifting machine shall be of good construction, sound material, adequate strength and free from patent defect, and shall be properly maintained. (2) All such parts and gear shall be thoroughly examined by a competent person at least once in every period of fourteen months and a register shall be kept containing the prescribed particulars of every such examination; and where the examination shows that the lifting machine cannot continue to be used with safety unless certain repairs are carried out immediately or within a specified time, the person making the report of the examination shall within twenty-eight days of the completion of the examination send a copy of the report to the chief inspector. (3) All rails on which a travelling crane moves and every track on which the carriage of a transporter or runway moves shall be of proper size and adequate strength and have an even running surface; and any such rails or track shall be properly laid, adequately supported or suspended and properly maintained. (4) There shall be plainly marked on every lifting machine its safe working load or loads, except that in the case of a jib crane so constructed that the safe working load may be varied by the raising or lowering of the jib, there shall be attached thereto either an automatic indicator of safe working loads or a table indicating the safe working loads at corresponding inclinations of the jib or corresponding radii of the load. (5) A lifting machine shall not, except for the purpose of a test, be loaded beyond the safe working load as marked or indicated under subsection (4). (6) A lifting maching shall not be taken into use in any factory for the first time in that factory unless it has been tested and all such parts and working gear of the machine as are specified in subsection (1) have been thoroughly examined by a competent person and a certificate of the test and examination specifying the safe working load or loads of the machine and signed by the person making the test and examination has been obtained and is kept available for inspection. (7) If any person is employed or working on or near the wheel-track of an overhead travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken by warning the driver of the crane or otherwise to ensure that the crane does not approach within twenty feet of that place. (8) If any person is employed or working otherwise than mentioned in subsection (7) but in a place above floor level where he would be liable to be struck by an overhead travelling crane, or by any load carried by such a crane, effective measures shall be taken to warn him of the approach of the crane, unless his work is so connected with or dependent on the movements of the crane as to make a warning unnecessary. (9) In this section "lifting machine" means a crane, crab, winch, teagle, pulley block, gin wheel, transporter or runway. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 29 Floors, passages and stairs. 29.(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. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 30 Safe means of access and safe place of employment. 30.(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 of more than six feet six inches, 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. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 31 Dangerous fumes and lack of oxygen. 31.(1) The provisions of subsections (2) to (8) shall have effect where work in any factory has to be done inside any chamber, tank, vat, pit, pipe, flue or similar confined space, in which dangerous fumes are liable to be present to such an extent as to involve risk of persons being overcome thereby. (2) The confined space shall, unless there is other adequate means of egress, be provided with a manhole, which may be rectangular, oval or circular in shape, and shall be not less than eighteen inches long and sixteen inches wide or (if circular) not less than eighteen inches in diameter, or in the case of tank wagons and other mobile plant, not less than sixteen inches long and fourteen inches wide or (if circular) not less than sixteen inches in diameter. (3) Subject to subsection (4), a person shall not enter or remain in the confined space for any purpose unless he is wearing a suitable breathing apparatus and has been authorised to enter by a responsible person, and, where practicable, he is wearing a belt with a rope securely attached and a person keeping watch outside and capable of pulling him out is holding the free end of the rope. (4) Where the confined space has been certified by a responsible person as being, for a specified period, safe for entry without breathing apparatus and the period so specified has not expired, subsection (3) shall not apply, but a person shall not enter or remain in the space unless he has been warned when that period will expire. (5) A confined space shall not be certified under subsection (4) unless (a)effective steps have been taken to prevent any ingress of dangerous fumes; and (b)any sludge or other deposit liable to give off dangerous fumes has been removed and the space does not contain any other material liable to give off dangerous fumes; and (c)the space has been adequately ventilated and tested for dangerous fumes and has a supply of air adequate for respiration; (6) There shall be provided and kept readily available a sufficient supply of breathing apparatus of a type approved by the chief inspector, of belts and ropes, and of suitable reviving apparatus and oxygen, and the apparatus, belts and ropes shall be maintained and shall be throughly examined, at least once a month or at such other intervals as may be prescribed, by a competent person; and a report on every such examination, signed by the person making the examination and containing the prescribed particulars, shall be kept available for inspection. (7) A sufficient number of the persons employed shall be trained and practised in the use of the apparatus mentioned in subsection (6) and in a method of restoring respiration. (8) The chief inspector may by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of the foregoing provisions of this section in any case where he is satisfied that compliance with those requirements is unnecessary or impracticable. (9) A person shall not enter or remain in any confined space in which the proportion of oxygen in the air is liable to have been substantially reduced unless either (a)he is wearing a suitable breathing apparatus; or (b)the space has been and remains adequately ventilated and a responsible person has tested and certified it as safe for entry without breathing apparatus. (10) Work shall not be permitted in any boiler, boiler-furnace or boiler-flue until it has been sufficiently cooled by ventilation or otherwise to make work safe for the persons employed. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 32 Precautions with respect to explosive or inflammable dust, gas, vapour or substance. 32.(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; (4) Any plant, tank or vessel which contains or has contained any explosive or inflammable substance shall not 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; (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) in any case where he is satisfied that compliance with the requirement is unnecessary or impracticable. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 33 Steam boilers attachments and construction. 33.(1) Subject to subsection (3), every steam boiler, whether separate or one of a range, (a)shall have attached to it the devices mentioned in subsection (2); (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) 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 boiler attendant, which shall indicate the pressure of steam in the boiler ..., 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 [2.75 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) Subsection (2)(b) shall not apply with respect to economisers, and subsection (2)(c), (d) and (e) and subsection (1)(b) and (c) 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. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 34 Steam boilers maintenance, examination and use. 34.(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 Ministry may by special regulations 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 Ministry 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), 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 Ministry may prescribe by special regulations made subject to affirmative resolution, 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) A new steam boiler shall not 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 Ministry may prescribe by special regulations made subject to affirmative resolution, after the completion of the examination send to the chief inspector 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 ..., and if any such person or chief engineer fails to send to the chief inspector a copy of any report as required by subsection (7), 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 by the Ministry 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) shall be recoverable summarily as a civil debt. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 35 Steam boilers restrictions on entry. 35. A person shall not enter or be in any steam boiler which is one of a range of two or more steam boilers unless (a)all inlets through which steam or hot water might otherwise enter the boiler from any other part of the range are disconnected from that part; or (b)all valves or taps controlling the entry of steam or hot water are closed and securely locked, and, where the boiler has a blow-off pipe in common with one or more other boilers or delivering into a common blow-off vessel or sump, the blow-off valve or tap on each such boiler is so constructed that it can only be opened by a key which cannot be removed until the valve or tap is closed and is the only key in use for that set of blow-off valves or taps. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 36 Steam receivers and steam containers. 36.(1) Every steam receiver, not so constructed and maintained as to withstand with safety the maximum permissible working pressure of the boiler or the maximum pressure which can be obtained in the pipe connecting the receiver with any other source of supply, shall be fitted with (a)a suitable reducing valve or other suitable automatic appliance to prevent the safe working pressure being exceeded; and (b)a suitable safety valve so adjusted as to permit the steam to escape as soon as the safe working pressure is exceeded, or a suitable appliance for cutting off automatically the supply of steam as soon as the safe working pressure is exceeded; and (c)a correct steam pressure gauge, which must indicate the pressure of steam in the receiver ...; and (d)a suitable stop valve; and (e)except where only one steam receiver is in use, a plate bearing a distinctive number which shall be easily visible. (2) The safety valve and pressure gauge shall be fitted either on the steam receiver or on the supply pipe between the receiver and the reducing valve or other appliance to prevent the safe working pressure being exceeded. (3) Where any set of receivers is supplied with steam through a single pipe and the reducing valve or other appliance required by subsection (1)(a) is fitted on that pipe, the set shall be treated as one receiver for the purposes of subsection (1)(a) to (c) and for the purposes of subsection (2), and if the set forms part of a single machine, also for the purposes of subsection (1)(d). (4) Every part of every steam receiver shall be of good construction, sound material, adequate strength and free from patent defect. (5) Every steam receiver and its fittings shall be properly maintained, and shall be thoroughly examined by a competent person, so far as the construction of the receiver permits, at least once in every period of twenty-six months. (6) A report of the result of every such examination containing the prescribed particulars (including particulars of the safe working pressure) shall be entered in or attached to the general register. (7) Every steam container shall be so maintained as to secure that the outlet is at all times kept open and free from obstruction. (8) In this section "safe working pressure" means, in the case of a new steam receiver, that specified by the maker, and in the case of a steam receiver which has been examined in accordance with the provisions of this section, that specified in the report of the last examination; "steam receiver" means any vessel or apparatus (other than a steam boiler, steam container, a steam pipe or coil, or a part of a prime mover) used for containing steam under pressure greater than atmospheric pressure; "steam container" means any vessel (other than a steam pipe or coil) constructed with a permanent outlet into the atmosphere or into a space where the pressure does not exceed atmospheric pressure, and through which steam is passed at atmospheric pressure or at approximately that pressure for the purpose of heating, boiling, drying, evaporating or other similar purpose. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 37 Air receivers. 37.(1) Every air receiver (a)shall have marked on it so as to be plainly visible the safe working pressure; and (b)if it is connected with an air compressing plant, shall either be so constructed as to withstand with safety the maximum pressure that can be obtained in the compressor, or be fitted with a suitable reducing valve or other suitable appliance to prevent the safe working pressure of the receiver being exceeded; and (c)shall be fitted with a suitable safety valve so adjusted as to permit the air to escape as soon as the safe working pressure is exceeded; and (d)shall be fitted with a correct pressure gauge indicating the pressure in the receiver ...; and (e)shall be fitted with a suitable appliance for draining the receiver; and (f)shall be provided with a suitable manhole, handhole, or other means which will allow the interior to be thoroughly cleaned; and (g)in a case where more than one receiver is in use in the factory, shall bear a distinguishing mark which shall be easily visible. (2) For the purposes of the provisions of subsection (1) relating to safety valves and pressure gauges, any set of air receivers supplied with air through a single pipe may be treated as one receiver but, where a suitable reducing valve or other suitable appliance to prevent the safe working pressure being exceeded is required to be fitted, only if the valve or appliance is fitted on that pipe. (3) Every air receiver and its fittings shall be of sound construction and properly maintained. (4) Every air receiver shall be thoroughly cleaned and examined at least once in every period of twenty-six months, except that in the case of a receiver of solid drawn construction (a)the person making any such examination may specify in writing a period exceeding twenty-six months but not exceeding four years within which the next examination is to be made; and (b)if it is so constructed that the internal surface cannot be thoroughly examined, a suitable hydraulic test of the receiver shall be carried out in lieu of internal examination. (5) Every such examination and test shall be carried out by a competent person, and a report of the result of every such examination and test, containing the prescribed particulars (including particulars of the safe working pressure) shall be entered in or attached to the general register. (6) In this section "air receiver" means (a)any vessel (other than a pipe or coil, or an accessory, fitting or part of a compressor) for containing compressed air and connected with an air compressing plant; or (b)any fixed vessel for containing compressed air or compressed exhaust gases and used for the purpose of starting an internal combustion engine; or (c)any fixed or portable vessel (not being part of a spraying pistol) used for the purpose of spraying by means of compressed air any paint, varnish, lacquer or similar material; or (d)any vessel in which oil is stored and from which it is forced by compressed air; Exceptions as to steam boilers, steam receivers and containers, and air receivers. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 38 38.(1) Sections 33 to 35 do not apply to any boiler belonging to or exclusively used in the service of Her Majesty or belonging to and used by the United Kingdom Atomic Energy Authority, or to the boiler of any ship or of any locomotive which belongs to and is used by any railway company. (2) The chief inspector may by certificate except from any of the provisions of sections 33 to 37 any class or type of steam boiler, steam receiver, steam container or air receiver to which he is satisfied that the provision cannot reasonably be applied. (3) Any such exception may be unqualified or may be subject to such conditions as may be contained in the certificate. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 39 Steam boilers supplementary provisions. 39. In this Part "steam boiler" means any closed vessel in which for any purpose steam is generated under pressure greater than atmospheric pressure, and includes any economiser used to heat water being fed to any such vessel, and any superheater used for heating steam; and "maximum permissible working pressure", in relation to any steam boiler, means (except in subsections (4) and (5) of section 34) that specified in the report of the last examination under that section. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 40 Precautions as respects water-sealed gasholders. 40.(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) A gasholder shall not 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 "gasholder" means a water-sealed gasholder which has a storage capacity of not less than five thousand cubic feet. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 41 Means of escape in case of fire certification by fire authority. 41.(1) Subject to subsection (2), premises shall not be used as a factory to which this section applies unless there is in force with respect to the premises a certificate of the fire authority that the premises are provided with such means of escape in case of fire for the persons employed in the factory as may reasonably be required in the circumstances of the case. (2) Where an application to certify any premises under this section is made in the prescribed form to the fire authority and, if regulations made by the Ministry so require, the application is accompanied by such plans as may be prescribed in the regulations, subsection (1) shall not apply to the use of the premises after the making of the application and before the grant or refusal of the certificate. (3) If any premises are used in contravention of this section the occupier shall be guilty of an offence and liable to a fine not exceeding two hundred pounds and, if the contravention is continued after conviction, he shall ... be guilty of a further offence and liable to a fine not exceeding twenty pounds for each day on which the contravention is so continued. (4) Where on the making of an application for a certificate under this section the fire authority [informs] the applicant that [it] will not grant the certificate unless specified alterations are made to the premises [it] shall specify the time within which the alterations are to be carried out and, if the certificate is not granted it shall be deemed to have been refused at the expiration of the time so specified or such further time as the authority may have allowed. (5) The fire authority shall examine every factory to which this section applies and, on being satisfied that it is provided with such means of escape as is mentioned in subsection (1), give a certificate under this section. (6) The certificate shall specify precisely and in detail the means of escape provided and shall contain particulars as to the maximum number of persons employed or proposed to be employed in the factory as a whole and, if the fire authority [thinks] fit, in any specified part thereof, and as to any explosive or highly inflammable material stored or used and as to other matters taken into account in granting the certificate. (7) The certificate shall be attached by the occupier to the general register and a copy of it shall be sent by the fire authority to the chief inspector. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 42 Means of escape in case of fire maintenance, inspection, etc. 42.(1) All means of escape specified in a certificate under section 41 shall be properly maintained and kept free from obstruction. (2) After a certificate under section 41 has been given with respect to any factory, the fire authority may examine the factory and every part thereof for the purpose of ascertaining whether there has been a change of conditions by reason of which the existing means of escape in case of fire have become insufficient. (3) If, after the grant of such a certificate, it is proposed to make any material extension or material structural alteration of the factory premises or to increase materially the number of persons employed in the factory or in any part specified in the certificate, or to begin to store or use explosive or highly inflammable material in the factory or materially to increase the extent of such storage or use, the occupier shall give notice in writing of the proposal to the fire authority. (4) If the fire authority on receipt of the notice [is] of opinion that the conditions in regard to escape in case of fire will be affected, or if at any time [it is] satisfied that by reason of changed conditions the existing means of escape have become insufficient, [it] may by notice in writing require the occupier to make such alterations, within such period, as may be specified in the notice. (5) If it appears to an inspector that dangerous conditions in regard to escape in case of fire exist in any factory to which section 41 applies the Ministry may give notice thereof in writing to the fire authority, and it shall be the duty of the authority forthwith to examine the factory, and [it] may by notice in writing require the occupier to make such alterations, within such period, as may be specified in the notice. (6) The occupier shall, within the period specified in any notice of the fire authority under this section, carry out any alterations required by the notice, and upon their being carried out the authority shall amend the certificate or issue a new certificate; and if the alterations are not so carried out, the authority shall, without prejudice to the taking of other proceedings, cancel the certificate. (7) If it appears to an inspector that the conditions in regard to escape in case of fire in any factory to which section 41 applies are so dangerous that the factory or any part thereof ought not to be used, or ought not to be used for a particular process or work, until steps have been taken to remedy the danger, he may, in lieu of serving a notice on the fire authority under the foregoing provisions of this section, make a complaint to a court of summary jurisdiction, and the court may, on being satisfied of those matters, by order prohibit the use of the factory or part thereof, or its use for the particular process or work, until such works have been executed as are in the opinion of the court necessary to remedy the danger. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 43 Means of escape in case of fire exchange of information, consultation and action in default. 43.(1) The fire authority shall inform the chief inspector in any case in which a certificate under section 41 has been, or is deemed to have been, refused or has been cancelled. (2) The fire authority shall send a copy of any certificate amended, and of any new certificate issued by [it] under section 42(6), to the chief inspector. (3) Where any works have been executed in any factory in pursuance of an order under section 42(7), the Ministry shall give notice thereof to the fire authority, who shall amend any certificate in force under section 41 in respect of the factory, or issue a new certificate, as the case may require. (4) Before specifying, for the purposes of section 41 or section 42, any alterations to any premises ... the fire authority shall consult the district council for the [district] in which the premises are situated. (5) Where notice is given by the Ministry to [the fire authority] under section 42(5), with respect to dangerous conditions in any factory, the authority shall inform the chief inspector of any action taken for remedying the dangerous conditions and, if no such action is taken by [it] within one month of the receipt of the notice, an inspector may take the like action as the authority might have taken and the Ministry shall be entitled to recover from the authority all such expenses as the inspector may incur in doing so and as are not recovered from any other person and are not expenses incurred in or about any unsuccessful legal proceedings. (6) Any sum recoverable under subsection (5) shall be recoverable summarily as a civil debt. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 44 Means of escape in case of fire right of appeal of occupier against refusal of certificate, etc. 44. If the occupier of any factory is aggrieved by the refusal of [the fire authority] to grant a certificate under section 41 or to amend such a certificate or by being required by the fire authority under section 42 or by an inspector under section 43 to carry out any alterations at the factory, or by the period within which he is required to carry them out, or by the cancellation of such a certificate, he may, within twenty-one days of the refusal, notice of requirement, or cancellation, appeal to the county court sitting in and for the division in which the factory is situate and, pending final determination of the appeal, no offence shall be deemed to be committed under section 41 by reason that the premises to which the appeal relates are used as a factory without a certificate being in force with respect thereto. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 45 Means of escape in case of fire factories to which section 41 applies. 45. Section 41 applies to every factory (a)in which more than twenty persons are employed; or (b)which was being constructed or converted for use as a factory at the date of the passing of the Factories Act (Northern Ireland) 1938 (that is to say the 24th November 1938) or was constructed or so converted after that date, and in which more than ten persons are employed in the same building on any floor above the ground floor of the building; or (c)of which the construction was completed before the said date and in which more than ten persons are employed in the same building above the first floor of the building or more than twenty feet above the ground level; or (d)in or under which explosive or highly inflammable materials are stored or used; Means of escape in case of fire regulations and byelaws. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 46 46.(1) The Ministry may, after consultation with the fire authority, make regulations as to the means of escape in case of fire to be provided in factories or any class or description of factory. (2) It shall be the duty of the fire authority to see that the regulations are complied with .... (3) If a certificate has been issued under section 41 in respect of a factory which is not in conformity with the regulations under this section, the fire authority shall serve a notice on the occupier of the factory requiring him to make, within a specified period, such alterations as [it considers] necessary to bring the factory into conformity with the regulations, and the provisions of sections 42 and 44 shall apply in relation to any such notice as they apply in relation to a notice of the fire authority under section 42. Subs.(4)(5) rep. by SRO (NI) 1973/211 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 47 Means of escape in case of fire provisions as to fire authority. 47. An examination by [the fire authority] under section 41 or section 42 shall only be carried out by officers of the authority authorised in writing either to carry out that examination or generally to carry out examinations under those sections. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 48 Safety provisions in case of fire. 48.(1) While any person is within a factory for the purpose of employment or meals, the doors of the factory, and of any room therein in which he is, and any doors which afford a means of exit for persons employed in the factory from any building or from any enclosure in which the factory is situated, shall not be locked or fastened in such manner that they cannot be easily and immediately opened from the inside. (2) Any doors opening on to any staircase or corridor from any room in which more than ten persons are employed, and in the case of any factory constructed or converted for use as a factory after the 30th June 1939, all other doors affording a means of exit from the factory for persons employed therein, shall, except in the case of sliding doors, be constructed to open outwards. (3) In any factory constructed or converted for use as a factory before the 1st July 1939, in which more than ten persons are employed in the same building above the ground floor, any door which is not kept continuously open, at the foot of a staircase affording a means of exit from the building, shall, except in the case of sliding doors, be constructed to open outwards. (4) Every hoistway or liftway inside a building constructed after the 30th June 1939, shall be completely enclosed with fire-resisting materials, and all means of access to the hoist or lift shall be fitted with doors of fire-resisting materials; except that any such hoistway or liftway which is not provided with a vent at the top shall at the top be enclosed only by some material easily broken by fire. (5) The chief inspector may, after consultation with the fire authority, by certificate grant, subject to any conditions specified in the certificate, exemption from compliance with any of the requirements of subsections (2) to (4) in any case where he is satisfied that compliance with those requirements is inappropriate or undesirable. (6) Every window, door or other exit affording means of escape in case of fire or giving access thereto, other than the means of exit in ordinary use, shall be distinctively and conspicuously marked by a notice printed in letters of adequate size. (7) In every building which is, forms part of or comprises a factory to which section 41 applies, effective means, capable of being operated without exposing any person to undue risk, shall be provided and maintained for giving warning in case of fire, which shall be clearly audible throughout the building or, where the factory is part only of the building, in every part of the building which is used for the purposes of the factory. (8) The Ministry may by regulations apply the provisions of subsection (7) to any class or description of factory. (9) The Ministry may by order grant exemption from or modify the requirements of subsection (7) in any case where it appears to the Ministry that those requirements are unnecessary or, as the case may be, would, unless modified, be unreasonable. (10) The contents of any room in which persons are employed shall be so arranged or disposed that there is a free passage-way for all persons employed in the room to a means of escape in case of fire. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 49 Instruction as to use of means of escape in case of fire. 49.(1) Where in any factory more than twenty persons are employed in the same building above the first floor or more than twenty feet above ground level, or explosive or highly inflammable materials are stored or used in any building where persons are employed, effective steps shall be taken to ensure that all the persons employed are familiar with the means of escape in case of fire and their use and with the routine to be followed in case of fire. (2) The Ministry may by regulations apply the provisions of subsection (1) to any class or description of factory. (3) The Ministry may, after consultation with the fire authority, make regulations as to the steps to be taken for the purposes of subsection (1) in factories to which that subsection applies, or any class or description thereof. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 50 Prevention of fire. 50.(1) The Ministry may make special regulations as to the measures to be taken to reduce the risk of fire breaking out in any factory or of any such fire or smoke therefrom spreading in any factory, and such regulations may, among other things, prescribe requirements as to the internal construction of a factory and the materials used in that construction. (2) Special regulations made under this section may provide, as regards any of their provisions, that some other person or persons shall be responsible for a contravention thereof instead of or as well as the occupier. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 51 Fire fighting. 51.(1) In every factory there shall be provided and maintained appropriate means for fighting fire, which shall be so placed as to be readily available for use. (2) The Ministry may by special regulations prescribe for any class or description of factory or part thereof specified means for fighting fire, and any such regulations may provide for the testing or examination of the means so specified and for the recording of particulars of the tests or examinations and of any defects found and action taken to remedy the defects. (3) The Ministry may make special regulations requiring means to be provided in any class or description of factory for notifying the fire brigade in case of fire and requiring employed persons to be made familiar with their use. (4) Special regulations made under this section may provide as regards any of their provisions, that some other person or persons shall be responsible for a contravention thereof instead of or as well as the occupier. (5) Any requirement imposed by regulations made under subsection (2) may be so imposed either in substitution for or without prejudice to the general requirements of subsection (1). (6) The Ministry may by order grant exemption from the requirements of subsection (1). FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 52 Testing or examination of fire warnings. 52.(1) There shall be tested or examined at least once in every period of three months and whenever an inspector so requires every means for giving warning in case of fire which is required to be provided by or under this Act. (2) The Ministry may by regulations made subject to affirmative resolution provide that in relation to any class or description of appliance or in relation to any class or description of factory subsection (1) shall have effect with the substitution for the period of three months of such period as may be specified in the regulations. (3) The Ministry may by regulations prescribe the requirements of the test or examination to be carried out in pursuance of this section. (4) There shall be entered in or attached to the general register the date of every test or examination carried out in pursuance of this section and particulars of any defect found and the date and particulars of any action taken to remedy any such defect. Ss.5355 rep. by SR 1979/246 Supply of drinking water. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 56 56.(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 chief inspector 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) shall not be withheld except on the ground that the water is not wholesome. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 57 Washing facilities. 57.(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 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. Subs.(2)(3) rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 58 Accommodation for clothing. 58.(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. Subs.(2)(3) rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 59 Sitting facilities. 59.(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) the dimensions of a seat which is adjustable shall be taken to be its dimensions as for the time being adjusted. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 60 First-aid. 60.(1) There shall be provided and maintained so as to be readily accessible a first-aid box or cupboard of the prescribed standard, and where more than one hundred and fifty persons are employed an additional box or cupboard for every additional one hundred and fifty persons. (2) For the purposes of subsection (1) the number of persons employed in a factory shall be taken to be the largest number of persons employed therein at any one time, and any fraction of one hundred and fifty shall be reckoned as one hundred and fifty. (3) Nothing except appliances or requisites for first-aid shall be kept in a first-aid box or cupboard. (4) Each first-aid box or cupboard shall be placed under the charge of a responsible person who shall, in the case of a factory where more than fifty persons or more than such lower number of persons as the Ministry may by regulations prescribe, are employed, be trained in first-aid treatment, and the person in charge shall always be readily available during working hours. (5) A notice shall be affixed in every workroom stating the name of the person in charge of the first-aid box or cupboard provided in respect of that room. (6) For the purposes of subsection (4) a person shall not be deemed to be trained in first-aid treatment unless he satisfies the prescribed conditions. (7) Where a contravention of subsection (4) is committed through a failure to comply with so much thereof as requires the person in charge of a first-aid box or cupboard to be trained in first-aid treatment, it shall be a defence in any proceedings for the contravention to prove that the defendant made all reasonable efforts to secure compliance but was unable to do so. (8) If an ambulance room is provided at the factory and such arrangements are made as to ensure the immediate treatment there of all injuries occurring in the factory, the chief inspector may be certificate exempt the factory from the requirements of this section to such extent and subject to such conditions as he may specify in the certificate. S.61 rep. by SR 1979/246 Removal of dust or fumes. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 62 62.(1) In every factory in which, in connection with any process carried on, there is given off any dust or fume or other impurity of such a character and to such extent as to be likely to be injurious or offensive to the persons employed, or any substantial quantity of dust of any kind, all practicable measures shall be taken to protect the persons employed against inhalation of the dust or fume or other impurity and to prevent its accumulating in any workroom, and in particular, where the nature of the process makes it practicable, exhaust appliances shall be provided and maintained, as near as possible to the point of origin of the dust or fume or other impurity, so as to prevent its entering the air of any workroom. (2) A stationary internal combustion engine shall not be used unless (a)provision is made for conducting the exhaust gases from the engine into the open air; and (b)the engine (except when used for the purposes of being tested) is so partitioned off from any workroom or part of a workroom in which persons are employed, other than persons attending to the engine, as to prevent any injurious fumes from the engine entering the air of the room or part of the room. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 63 Meals in certain dangerous trades. 63.(1) Where in any room lead, arsenic or any other poisonous substance is so used as to give rise to any dust or fume, a person shall not be permitted to partake of food or drink in that room or to remain in that room during the intervals allowed to him for meals or rest other than intervals allowed in the course of a spell of continuous employment. (2) Where in any room a process prescribed by regulations made by the Ministry is carried on, being a process which gives rise to siliceous dust or asbestos dust, a person shall not be permitted to remain in that room during the intervals allowed to him for meals or rest other than intervals allowed in the course of a spell of continuous employment. (3) Suitable provision shall be made for enabling the persons employed in any such room as is mentioned in subsections (1) and (2) to take their meals elsewhere in the factory. Subs.(4) rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 64 Protection of eyes in certain processes. 64. In the case of any such process as may be specified by regulations of the Ministry, being a process which involves a special risk of injury to the eyes from particles or fragments thrown off in the course of the process, suitable goggles or effective screens shall, in accordance with any directions given by the regulations, be provided to protect the eyes of the persons employed in the process. S.65 rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 66 Prohibition of use of white phosphorus in manufacture of matches. 66.(1) A person shall not use white phosphorus in the manufacture of matches. (2) In this Part "white phosphorus" means the substance usually known as white or yellow phosphorus. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 67 Humid factories. 67.(1) The occupier of every humid factory shall, on or before the first occasion on which artificial humidity is produced at that factory, give notice thereof in writing to the chief inspector. (2) The following provisions of this section shall have effect with respect to every humid factory with respect to which regulations under this Act concerning humidity are not for the time being in force. (3) There shall be provided and maintained in every room in which artificial humidity is produced two hygrometers conforming to such conditions as regards construction and maintainance as may be prescribed, and (a)one of the hygrometers shall be fixed in the centre and the other at the side of the room, or in such other position as may be directed or sanctioned by an inspector, so as to be plainly visible to the persons employed; (b)a copy of the table of humidity set out in Schedule 1, or such other table as may be substituted therefor by regulations of the Ministry, shall be kept hung up near each hygrometer; (c)the occupier or other person authorised for the purpose shall read the hygrometers between ten and eleven o'clock in the morning on every day on which any persons are employed in the room in the morning and between three and four o'clock in the afternoon on every day on which any persons are employed in the room in the afternoon, and when persons are employed before six o'clock in the morning or after eight o'clock in the evening, at such other times as may be directed by the chief inspector, and shall enter the readings on a record, which shall be provided for each hygrometer in the prescribed form; (d)the forms on which the readings of each hygrometer are recorded shall be kept hung up near the hygrometer, and when filled up shall be preserved at the factory for reference, and the entries recorded in the form shall be prima facie evidence of the humidity of the atmosphere and temperature in the factory. (4) There shall be no artificial humidification in any room at any time when the reading of the wet bulb thermometer exceeds seventy-two and a half degrees, or, in the case of a room in which the spinning of cotton or the spinning of merino or cashmere by the French or dry process or the spinning or combing of wool by that process is carried on, eighty degrees. (5) There shall be no artificial humidification in any room at any time when the difference between the readings of the dry and wet bulb thermometers is less than that indicated in the table of humidity. (6) Any water which is liable to cause injury to the health of the person employed, or to yield effluvia, shall not be used for artificial humidification, and for the purposes of this subsection any water which absorbs from acid solution of permanganate of potash in four hours at sixty degrees more than half a grain of oxygen per gallon of water shall be deemed to be liable to cause injury to the health of the persons employed. (7) The chief inspector may direct in writing, in the case of any factory or any room in a factory, that only one hygrometer, fixed in such position as may be directed by an inspector, need be provided instead of two hygrometers fixed as mentioned in subsection (3)(a). (8) Where in respect of any room notice has been given in the prescribed manner to the chief inspector that it is intended that the humidity of the atmosphere should never be greater than will maintain a difference of at least four degrees between the readings of the dry and wet bulb thermometers, the provisions of subsection (3)(c) and (d) shall not apply as respects that room so long as at least that difference is maintained and a copy of the said notice is kept posted in the room. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 68 Underground rooms. 68.(1) The chief inspector 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 Ministry 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 chief 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 1st July 1939 was part of a factory (within the meaning of the Factories Act (Northern Ireland) 1938, as originally enacted) and was used for work for which it may be certified as unsuitable under this sections 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 chief inspector; 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 chief inspector. (4) If the occupier is aggrieved by any decision of the chief 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 by way of complaint to a court of summary jurisdiction and, pending the final determination of an appeal against a decision under subsection (1) 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 related. (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 chief inspector if such alterations are made as in his opinion to render the room suitable. S.69 rep. by SRO (NI) 1973/211; SR 1979/246. S.70 rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 71 Lifting excessive weights. 71.(1) A person shall not be employed to lift, carry or move any load so heavy as to be likely to cause injury to him. Subs.(2) rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 72 Prohibition of employment of female young persons where certain processes are carried on. 72.(1) Where in any part of a factory the evaporating of brine in open pans, or the stoving of salt is carried on, a female young person shall not be employed in that part of the factory. Subs.(2) rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 73 Prohibition of employment of women and young persons in certain processes connected with lead manufacture. 73. A woman or young person shall not be employed in any factory in any of the following operations: (a)work at a furnace where the reduction or treatment of zinc or lead ores is carried on; (b)the manipulation, treatment or reduction of ashes containing lead, the desilverising of lead, or the melting of scrap lead or zinc; (c)the manufacture of solder or alloys containing more than ten per cent. of lead; (d)the manufacture of any oxide, carbonate, sulphate, chromate, acetate, nitrate, or silicate of lead; (e)mixing or pasting in connection with the manufacture or repair of electric accumulators; (f)the cleaning of workrooms where any of the processes aforesaid are carried on. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 74 Provisions as to employment of women and young persons in processes involving use of lead compounds. 74.(1) A woman or young person shall not be employed in any factory in any process involving the use of lead compounds if the process is such that dust or fume from a lead compound is produced therein, or the persons employed therein are liable to be splashed with any lead compound in the course of their employment, unless the following provisions are complied with as respects all women and young persons employed (a)where dust or fume from a lead compound is produced in the process, provision shall be made for drawing the dust or fume away from the persons employed by means of an efficient exhaust draught so contrived as to operate on the dust or fume as nearly as may be at its point of origin; (b)the persons employed shall undergo the prescribed medical examination at the prescribed intervals, and the prescribed record shall be kept with respect to their health; (c)no food, drink or tobacco shall be brought into or consumed in any room in which the process is carried on, and no person shall be allowed to remain in any such room during meal times; (d)suitable protective clothing in a clean condition shall be provided by the occupier and worn by the persons employed; (e)such suitable cloak-room, mess-room and washing accommodation as may be prescribed shall be provided for the use of the persons employed; (f)the rooms in which the persons are employed, and all tools and apparatus used by them, shall be kept in a clean state. [(2) If, in the case of a woman or young person who is employed in a factory in a process involving the use of lead compounds, an employment medical adviser serves on the occupier of the factory a written notice stating that, in the opinion of the adviser, the continued employment of that woman or young person in that process would involve special danger to her or his health, it shall not be lawful for that woman or young person to be employed in any such process in that factory, unless the notice has been cancelled by a further written notice served on the occupier by an employment medical adviser.] (3) The method of ascertaining whether any compound or mixture is a lead compound within the meaning of this section shall be such as may be prescribed. (4) In this section "prescribed" means prescribed by regulations made by the Ministry, and "lead compound" means any soluble compound of lead which is declared by regulations of the Ministry to be a lead compound for the purposes of this section, and includes a mixture containing any such compound, but does not include an alloy containing lead. S.75 rep. by SR 1979/246 Prohibition of sale of materials and of articles made with materials prohibited by United Kingdom Act. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 76 76. Any person who sells or offers or exposes for sale, or has in his possession for purposes of sale, any article or material the importation of which is prohibited by or under section 77 of the Factories Act 1961, passed by the Parliament of the United Kingdom, shall be guilty of an offence and shall, in addition to his liability in respect of the offence, forfeit any such article or material in his possession, and any article or material so forfeited shall be destroyed or otherwise dealt with as the court may think fit. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 77 Power to take samples. 77.(1) An inspector may at any time after informing the occupier or, if the occupier is not readily available, a foreman or other responsible person in the factory, take for analysis sufficient samples of any material in use or mixed for use in the manufacture of matches or of any substance used or intended to be used in a factory which is a substance in respect of which he suspects a contravention of any regulation made under this Part, or which in his opinion is likely or may prove on analysis to be likely to cause bodily injury to the persons employed. (2) The occupier or the foreman or other responsible person may, at the time when a sample is taken under this section, and on providing the necessary appliances require the inspector to divide the sample into three parts, to mark and seal or fasten up each part in such manner as its nature permits, and (a)to deliver one part to the occupier, or the foreman or other responsible person; (b)to retain one part for future comparison; (c)to submit one part to the analyst; (3) A certificate purporting to be a certificate by the government chemist as to the result of an analysis of a sample under this section shall in any proceedings under this Act be admissible as evidence of the matters stated therein, but either party may require the person by whom the analysis was made to be called as a witness. (4) It shall not be lawful for any person, except in so far as is necessary for the purposes of a prosecution for an offence under this Act, to publish or disclose to any person the results of an analysis made under this section, and if any person acts in contravention of this subsection, he shall be guilty of an offence .... Notification of accidents. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 78 78.(1) Where an accident in a factory (a)causes loss of life to a person employed in the factory; or (b)disables any such person for more than three days from earning full wages at the work at which he was employed; (2) Where an accident causing disablement is notified under this section, and after notification thereof results in the death of the person disabled, notice in writing of the death shall be sent to the chief inspector by the occupier of the factory as soon as the death comes to his knowledge. (3) Where any accident to which this section applies occurs to a person employed and the occupier of the factory is not the actual employer of the person killed or injured, the actual employer shall, if he fails to report the accident to the occupier immediately, be guilty of an offence and liable [on summary conviction] to a fine not exceeding ten pounds. S.79 rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 80 Notification of industrial diseases. 80.(1) Every medical practitioner attending or called in to visit a patient whom he believes to be suffering from lead, phosphorus, arsenical or mercurial poisoning, or anthrax, contracted in any factory, shall (unless such a notice has been previously sent) forthwith send [to an inspector appointed by the Department of Manpower Services under Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978, who is authorised to act for this purpose] a notice stating the name and full postal address of the patient and the disease from which, in the opinion of the medical practitioner, the patient is suffering, and the name and address of the factory in which he is or was last employed, and shall be entitled in respect of every notice sent in pursuance of this section to a fee of [13p], to be paid as part of the expenses incurred by the Ministry in the execution of this Act. (2) If, in contravention of the provisions of this section, any medical practitioner fails to send any notice in accordance with the requirements thereof, he shall be liable [on summary conviction] to a fine not exceeding four pounds. (3) Written notice of every case of lead, phosphorus, or arsenical or mecurial poisoning or anthrax occurring in a factory shall forthwith be sent by the occupier in the prescribed form and accompanied by the prescribed particulars to the chief inspector and to [the employment medical adviser in charge of the area in which the factory is situate]; and the provisions of this Act with respect to the notification of accidents shall apply to any such case in like manner as to any such accident as is mentioned in those provisions. Subs.(4) rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 81 Inquest in case of death by accident or industrial disease. 81.(1) Where a coroner holds an inquest on the body of any person whose death may have been caused by any accident or disease of which notice is required by this Act to be given, the coroner shall adjourn the inquest unless an inspector or some person on behalf of the Ministry is present to watch the proceedings, and shall, at least four days before holding the adjourned inquest, send to the chief inspector notice in writing of the time and place of the adjourned inquest; but (a)the coroner, before the adjournment, may take evidence to identify the body, and may order its interment; and (b)if the inquest relates to the death of not more than one person, and the coroner has sent to the chief inspector notice of the time and place of the inquest at such time as to reach the chief inspector not less than twenty-four hours before the time of the inquest, he need not adjourn the inquest if the majority of the jury think the adjournment unnecessary. (2) The following provisions shall have effect with respect to any such inquest: (a)no person having a personal interest in or employed in or about or in the management of the factory in or about which the accident occurred or the disease was contracted shall be qualified to serve on the jury and the constable or other officer shall not summon any person disqualified under this provision and the coroner shall not allow any such person to be sworn or to sit on the jury; (b)the following persons shall, subject to the power of the coroner to disallow any question which in his opinion is not relevant or is otherwise not a proper question, be entitled to examine any witness either in person or by counsel or solicitor, that is to say, an inspector, any relation of the person in respect of whose death the inquest is being held, the occupier of the factory, any person appointed by the order in writing of the majority of the persons employed in the factory, and any person appointed in writing by any trade union, friendly society or other association of persons to which the deceased at the time of his death belonged or to which any person employed in the factory belongs, or by any association of employers of which the occupier is a member. (3) Where evidence is given at any such inquest at which an inspector is not present of any neglect as having caused or contributed to the accident or disease, or of any defect in or about the factory appearing to the coroner or jury to require a remedy, the coroner shall send to the chief inspector notice in writing of the neglect or defect. S.82 rep. by SR 1979/246. S.83 rep. by 1978 NI 9 art.56(2) sch.7 Prohibition of employment of children. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 84 84.(1) A child shall not be employed in any factory. (2) In this Act "child" means a person who has not attained the upper limit of compulsory school age within the meaning of [Article 36 of the Education and Libraries (Northern Ireland) Order 1972]. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 85 Prohibition of employment of women after childbirth. 85. An occupier of a factory shall not knowingly allow a woman or girl to be employed therein within four weeks after she has given birth to a child. General conditions as to hours of employment of women and young persons. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 86 86. Subject to the provisions of this Part, the hours worked, the period of employment, and the intervals for meals and rest, for every woman or young person employed in a factory shall conform to the following conditions, namely: (a)the total hours worked, exclusive of intervals allowed for meals and rest, shall neither exceed nine in any day nor exceed forty-eight in any week; (b)the period of employment shall not exceed eleven hours in any day and shall neither begin earlier than seven o'clock in the morning nor end later than six o'clock in the evening in the case of young persons who have not attained the age of sixteen, or in other cases eight o'clock in the evening, or, on Saturday, one o'clock in the afternoon; (c)a woman or young person shall not be employed continuously for a spell of more than four and a half hours without an interval of at least half an hour for a meal or rest, so, however, that where an interval of not less than ten minutes is allowed in the course of a spell, the spell may be increased to five hours; (d)the period of employment and intervals allowed for meals and rest in accordance with the foregoing provisions of this section shall be the same for all women and young persons employed in the factory, except that the period of employment may end at an earlier hour for young persons who have not attained the age of sixteen; (e)no woman or young person shall be employed during any such interval allowed for meals or rest. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 87 Weekly hours of work of young persons under 16. 87.(1) Subject to the provisions of this section, section 86(a) shall have effect, in the case of young persons who have not attained the age of sixteen, as if for the reference to forty-eight hours there were substituted a reference to forty-four hours. Subs.(2)(3) rep. by SR 1979/246 (4) The Ministry may, as respects factories, or any class or description of factory, in which the number of hours permitted to be worked in any week by young persons who have not attained the age of sixteen is less than forty-eight, by regulations make such modifications of this Part, and make such provision as to the period of employment of such young persons and the intervals allowed to them for meals and rest, as the Ministry considers necessary or expedient for regulating the arrangement of the hours to be worked by such young persons. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 88 Notice fixing hours of employment. 88.(1) The occupier shall fix within the limits allowed by the foregoing provisions of this Part and shall specify in a notice in the prescribed form, which shall be posted in the factory (a)the period of employment for each day of the week for the women and young persons employed in the factory; (b)the intervals allowed for meals or rest to those women and young persons; (2) Different periods of employment and different intervals may be fixed for different days of the week. (3) A change in the said periods or intervals shall not be made until the occupier has served on the chief inspector, and posted in the factory, notice of his intention to make the change, and shall not be made oftener than once in three months, unless for special cause allowed in writing by the chief inspector. (4) Where an inspector, by notice in writing, names a public clock, or some other clock open to public view, for the purpose, the period of employment and the intervals allowed for meals or rest in that factory shall be regulated by that clock. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 89 Overtime employment of women and young persons over sixteen. 89.(1) Notwithstanding the provisions of this Part relating to hours worked and periods of employment, pressure of work in any factory may be dealt with by the overtime employment of women and young persons who have attained the age of sixteen, but the overtime for the factory shall not exceed in the aggregate one hundred hours in any calendar year or six hours in any week and shall not take place in the factory in more than twenty-five weeks in any calendar year. (2) The overtime employment of a woman or young person shall be subject to the following conditions: (a)the total hours worked by the woman or young person, exclusive of intervals allowed for meals and rest, shall not exceed ten on any day; (b)the period of employment for the woman or young person shall not exceed twelve hours in any day and shall not extend outside the hours specified in this Part for the beginning and end of the period of employment, except that in the case of women it may extend to nine o'clock in the evening on weekdays other than Saturday. (3) Where the occupier of a factory allows to any women or young persons who are to be employed overtime on any day an interval for a meal or rest in addition to any interval fixed for the day by a notice under this Part, he may employ during that interval any women or young persons who are not to be employed overtime on that day, but save as aforesaid the provisions of this Part relating to continuous employment and intervals for meals or rest shall apply to overtime employment in like manner as they apply to other employment. (4) If the Ministry is satisfied that overtime employment of young persons, in accordance with the foregoing provisions of this section, in any process will prejudicially affect the health of the young persons, or any class of them, it may by regulations either prohibit the overtime employment in that process of those young persons, or that class of them, or make such further restrictions as to the amount of such overtime employment or otherwise as it thinks fit. Subs.(5) rep. by SR 1979/246 (6) Where the Ministry is satisfied that work in any class or description of factory is subject to seasonal or other special pressure, it may by regulations as respects that class or description of factory (a)increase for women, or for women employed in any specified process, during any period of such pressure, the hours of work and the period of employment allowed in a day under this section, but only for such number of weeks, not exceeding eight, in any year as may be specified in the regulations; (b)increase the hours of overtime employment allowed for a factory under this section in a calendar year to an aggregate not exceeding one hundred and fifty hours, subject to the condition that young persons shall not be employed during more than one hundred of the hours of overtime employment allowed for the factory. (7) The Ministry may increase the aggregate number of hours of overtime employment allowed for a factory under this section in any week or the number of weeks in any calendar year in which overtime employment can take place (a)by regulations as respects any class or description of factory, if it is satisfied that owing to the exigencies of the trade carried on the increase is necessary; (b)by order as respects any factory, if it is satisfied that the increase is necessary by reason of unforeseen pressure of work due to sudden orders, or by reason of a breakdown of machinery or plant or other unforeseen emergency. (8) For the purposes of this section, the employment of persons in different parts of a factory or the employment of diferent sets of persons in different processes may, subject to such conditions as the Ministry may by regulations prescribe, be treated, for the purpose of reckoning hours of overtime employment or the number of weeks in which overtime employment can take place, as if it were employment in different factories. (9) If the Ministry is satisfied that the nature of the business carried on in any class or description of factory involves the overtime employment of different persons on different occasions to such an extent that the provisions of this section limiting overtime employment by reference to the factory would, as respects a substantial number of factories of that class or description, be unreasonable or inappropriate, it may by regulations provide that any factory of that class or description may, in lieu of complying with the said provisions, comply with such provisions limiting overtime employment by reference to the individual as may be specified in the regulations, and such provisions shall secure (a)that a woman shall not be employed overtime in the factory for more than seventy-five hours, and a young person shall not be so employed for more than fifty hours, in any calendar year; and (b)that a woman or young person shall not, except as otherwise provided in the regulations, be employed overtime in the factory for more than six hours in any week or in more than twenty-five weeks in any calendar year. (10) In this Part "overtime employment" means, in relation to any woman or young person, any period during which that woman or young person is at work in the factory outside the period of employment fixed for the day for that woman or young person by a notice under this Part; and for the purposes of this Part (a)in calculating hours of overtime employment any fraction of an hour less than half an hour shall be treated as half an hour and any fraction of an hour greater than half an hour shall be treated as an hour; and (b)in reckoning for any factory, part of a factory, or set of persons, the aggregate hours of overtime employment or the number of weeks in which overtime employment can take place, account shall be taken of every period during which any woman or young person is employed overtime in that factory, part or set. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 90 Supplementary provisions as to overtime. 90.(1) Before employing any woman or young person overtime on any day, the occupier of the factory shall send in writing to the chief inspector and enter in the prescribed register such particulars of the overtime employment as may be prescribed, including particulars of any interval for a meal or rest to be allowed under section 89(3). (2) The occupier of any factory in which women or young persons are employed overtime shall cause a notice containing the prescribed particulars to be kept posted in the factory during such time as may be prescribed. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 91 Restriction of employment inside and outside factory on same day. 91.(1) Subject to subsection (2), a woman or young person shall not during any interval allowed to that woman or young person for a meal or rest, or during any time not included in the period of employment fixed by a notice under this Part, be employed outside the factory, in the business of the factory or in any other business carried on by the occupier, on any day during which the woman or young person is employed in the factory. (2) A woman or young person who has attained the age of sixteen may be so employed in a shop outside the period of employment, but any such employment shall be treated for the purposes of this Part (including the provisions relating to overtime employment) as employment in the factory. (3) For the purposes of this section a woman or young person to or for whom any work is given out or who takes out any work to be done by her or him outside the factory shall be deemed to be employed outside the factory on the day on which the work is given or taken out. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 92 Prohibition of use of rooms during intervals. 92. Subject to the exceptions allowed under this Part, a woman or young person shall not during any part of the intervals allowed to that woman or young person for meals or rest be allowed to remain in a room in which a process is then being carried on. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 93 Prohibition of Sunday employment. 93. Subject to the exceptions allowed under this Part, a woman or young person shall not be employed on Sunday in a factory nor shall a woman or young person employed in a factory on any other day of the week be employed on Sunday about the business of the factory or in any other business carried on by the occupier. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 94 Annual holidays. 94.(1) Subject to the exceptions allowed under this Part, the occupier of a factory shall allow the whole of each of the following days as a holiday in each year to every woman and young person employed in the factory. (2) The said days are six weekdays fixed by the occupier and notified in each case by means of a notice posted in the factory throughout not less than three weeks before the day. (3) At least half of the days to be allowed in any year as holidays under this section shall be allowed between the fifteenth day of March and the first day of October. (4) Subject to the exceptions allowed under this Part, a woman or young person shall not be employed in a factory on a holiday fixed by or in pursuance of this section for that factory, and a woman or young person employed in any factory shall not be employed on such a holiday about the business of the factory or in any other business carried on by the occupier. Women holding positions of management. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 95 95. The foregoing provisions of this Part do not apply to women holding responsible positions of management who are not ordinarily engaged in manual work. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 96 Power to suspend certain provisions in emergency. 96. The Ministry may, in the event of accident, or breakdown of machinery or plant, or other unforeseen emergency, by order suspend, as respects any factory, any of the provisions of this Part as to hours and holidays for such period as may be specified in the order, but so far only as may be necessary to avoid serious interference with the ordinary working of the factory and not so as to conflict with any enactment which gives effect to an international convention restricting the employment of women or young persons in factories. Power to authorise employment in shifts. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 97 97.(1) The Ministry may, upon the application of the occupier of any factory, authorise in the factory or part of the factory the employment of women and of young persons who have attained the age of sixteen on a system of shifts whereby each shift may be employed between such times as may be specified in the authorisation. (2) The times that may be so specified shall, subject to subsection (3), be times during the period between such hours on weekdays as may be agreed upon between the occupier and the majority of the workpeople concerned. (3) The system of shifts that may be authorised under this section shall be such that the hours for each shift shall not exceed an average of eight hours a day and that no shift on a Saturday shall end later than two o'clock in the afternoon. (4) The Ministry shall by regulations make provision as to the manner in which workpeople concerned are to be consulted and for the ascertainment of their opinions by secret ballot before any application is granted under this section and shall not grant an application, except in the case mentioned in subsection (5), unless satisfied that the requirements of the regulations have been complied with and that the majority of the workpeople concerned consent to the granting of the application. (5) Where the Ministry is satisfied that an application under this section relates to a factory which is about to be, or has recently been, newly established, the application under this section may be granted without any such consultation, ballot or consent as aforesaid. (6) If upon application under this section it appears to the Ministry that the employment of women and young persons in accordance with the application is required only for the purpose of making provision for a temporary emergency or a temporary pressure of work which is not of a seasonal and recurring character, any authorisation given by the Ministry on the application shall be limited to such period as appears to the Ministry to be necessary for the purpose, but may, if necessary, be subsequently extended by the Ministry if the temporary emergency or temporary pressure of work continues. (7) In granting any application under this section, the Ministry shall impose such conditions as it considers necessary for the purpose of safeguarding the welfare and interests of the persons employed on the system of shifts, and in considering any such conditions shall, in particular, consider the expediency of requiring the provision of suitable accommodation for clothing and of facilities for meals and of transport facilities for workers residing at a distance, and, in the case of young persons, of reasonable facilities for attending courses of further education. (8) An authorisation under this section shall not continue in force for any period exceeding two years but this limitation shall be without prejudice to the power of the Ministry to grant a further authorisation in accordance with the provisions of this section. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 98 Discontinuance of shift system. 98.(1) Where it appears to the Ministry that any conditions imposed upon the granting of any authorisation under section 97 have not been complied with or that abuses of any description have arisen out of the employment of any persons on the system of shifts, the Ministry may revoke the authorisation. (2) Whenever in any factory, or in any part of a factory, the employment of women and young persons on a system of shifts in accordance with an authorisation given under section 97 is discontinued, or is, after being discontinued, resumed, the occupier of the factory shall forthwith give notice in writing of the discontinuance or resumption to the chief inspector, and if he fails to do so he shall be liable [on summary conviction] to a fine not exceeding five pounds. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 99 Employment of male young persons in shifts in certain industries. 99.(1) In the industries and processes to which this section applies male young persons who have attained the age of sixteen may be employed on a system of shifts outside the hours specified in this Part as the beginning and the end of the period of employment of such persons, if the employment is on work which is by reason of the nature of the process required to be carried on continuously day and night and the conditions specified in subsection (3) and such other conditions as the Ministry may for the purpose of safeguarding the welfare and interests of those persons by regulations direct are complied with. (2) The period of employment for any such shift may end on Sunday morning not later than six o'clock or begin on Sunday evening not earlier than ten o'clock, and where the young persons are employed on a system of four shifts with turns of not more than eight hours for each shift, they may be employed in such shifts between six o'clock in the morning and ten o'clock in the evening on Sundays. (3) The conditions to be complied with in any employment authorised by this section shall include the following: (a)the number of turns worked by any young person shall not exceed six in any week; (b)the interval between successive turns of any young person shall not be less than fourteen hours; and (c)no young person shall, in two consecutive weeks, be employed between midnight and six o'clock in the morning; Subs.(4) rep. by 1978 NI 9 art.56(2) sch.7 (5) Male young persons who have attained the age of sixteen may, in the industries and processes to which this section applies, be employed on weekdays between six o'clock in the morning and ten o'clock in the evening on a system of shifts, subject to the conditions specified in subsection (3) and such other conditions as the Ministry may, for the purpose of safeguarding their welfare and interests, by regulations direct. (6) The hours worked by young persons employed in accordance with the foregoing provisions of this section may exceed forty-eight in any week, but shall not exceed fifty-six in any week nor one hundred and forty-four in any period of three weeks. (7) The provisions of this Part with respect to the overtime employment of women and young persons shall not apply to any young persons employed in accordance with the foregoing provisions of this section. (8) The industries and processes to which this section applies are (a)the galvanising of sheet metal or wire (except the pickling process); (b)the manufacture of paper; (c)such of the industries and processes set out in Article 2 of Part II of the Schedule to the Employment of Women, Young Persons and Children Act, 1920 (other than those mentioned in this subsection) as may be specified by regulations of the Ministry. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 100 Exception for factories operating the five-day week. 100.(1) In any factory conducted on the system of employing women and young persons on not more than five days a week, the total hours worked in any day may extend to ten and the period of employment in any day may extend to twelve hours and, in the case of women and of young persons who have attained the age of sixteen, the total hours worked in any day may be further extended by overtime employment to ten and a half. (2) An occupier may, notwithstanding that he avails himself of this exception, employ women and young persons who have attained the age of sixteen on a sixth day in any week subject to the conditions that (a)the total hours worked on that day do not exceed four and a half; and (b)no woman or young person is employed overtime on any other day in that week; Exception as to simultaneous hours for meals and rest. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 101 101.(1) Subject to such conditions as the Ministry may by regulations prescribe, the provisions of this Part which require that all the women and young persons employed in a factory shall have the intervals allowed for meals or rest at the same hour of the day shall not apply (a)to persons employed in any process on which by reason of the nature thereof work requires to be carried on continuously; or (b)to different sets of persons employed on different processes, or to different sets of persons necessarily divided into sets for the purpose of taking meals in a mess room or canteen provided and maintained by the occupier to the satisfaction of the chief inspector, or to such different sets of persons as may be approved by the chief inspector. (2) The Ministry may by regulations except any class or description of factory or parts of factories from the provisions aforesaid on being satisfied that it is necessary by reason of any special circumstances to except factories of that class or description or those parts thereof from those provisions. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 102 Exception as to employment during intervals. 102.(1) The provisions of this Part with respect to the prohibition of employment during any interval allowed for meals or rest and the prohibition of the use of certain rooms during such intervals shall not apply to any male young persons employed in the manufacture of paper. (2) The Ministry may by regulations except any class or description of factory or parts of factories from the said provisions on being satisfied that it is necessary by reason of any special circumstances to except factories of that class or description, or those parts thereof, from those provisions. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 103 Exception as to use of rooms during intervals. 103.(1) Subject to such conditions as the Ministry may by regulations prescribe, the provisions of this Part with respect to the prohibition of the use of rooms during intervals allowed for meals or rest shall not apply (a)where persons are employed in any process on which by reason of the nature thereof work requires to be carried on continuously; or (b)where different sets of persons have different intervals for meals or rest; or (c)as respects any interval allowed in the course of a spell of continuous employment. (2) The Ministry may by regulations except any class or description of factory or parts of factories from the said provisions on being satisfied that it is necessary by reason of any special circumstances to except factories of that class or description or those parts thereof from those provisions. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 104 Exception as to continuous employment of male young persons employed with men. 104. The provisions of this Part forbidding the continuous employment of a young person for a spell of more than four and a half hours without an interval of at least half an hour shall, in the case of male young persons who have attained the age of sixteen and are employed with men and whose continuous employment is necessary to enable the men to carry on their work, have effect, as respects any spell commencing in the morning, as if five hours were substituted for four and a half hours as the length of the spell for which they may be employed continuously. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 105 Exception as to male young persons employed on repairing work. 105.(1) Subject to such conditions as the Ministry may by regulations prescribe, the provisions of this Part with respect to general conditions as to hours of employment of women and young persons, notices fixing hours of employment, overtime employment of women and young persons, prohibition of use of rooms during intervals, prohibition of Sunday employment, and annual holidays, shall not apply to male young persons employed as part of the regular maintenance staff of a factory or by a contractor, in repairing any part of the factory or any machinery or plant therein. (2) No notice shall be required to be served or posted by any occupier availing himself of this exception. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 106 Exception as to Saturday. 106.(1) Where it is proved to the satisfaction of the Ministry that the customs or exigencies of the trade carried on in any class or description of factory require some other day in the week to be substituted for Saturday as the short day, it may, by regulations, grant to factories of that class or description an exception authorising the occupier of every such factory to substitute some other day for Saturday, and in that case this Part shall apply in the factory as if the substituted day were Saturday, and Saturday were an ordinary work day. (2) Regulations made under this section as respects newspaper printing offices, or as respects factories in which the work by reason of its nature requires to be carried on on six full working days in the week, may authorise the substitution of some other day for Saturday in respect of some of the women and young persons employed therein. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 107 Exception as to holidays on different days for different sets. 107. Where it is proved to the satisfaction of the Ministry that the customs or exigencies of the trade carried on in any class or description of factory so require, it may by regulations grant to factories of that class or description an exception authorising the occupier of every such factory to allow all or any of the annual whole holidays on different days to any of the women and young persons employed therein, or to any sets of those women and young persons, instead of on the same days. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 108 Exception as to Sundays and Saturdays in Jewish factories. 108.(1) Where the occupier of a factory is a person of the Jewish religion, or a member of any religious body regularly observing the Jewish Sabbath, a woman or young person who is a person of the Jewish religion or a member of such a religious body as aforesaid may be employed on Sunday, subject to the condition that the factory must be closed on Saturday and must not be open for business on Sunday. (2) Where the occupier avails himself of this exception, this Part shall, as respects women and young persons who are persons of the Jewish religion or members of such a religious body as aforesaid, apply to the factory in like manner as if in the provisions thereof respecting Sunday the word Saturday were substituted for Sunday, and in the provisions thereof respecting Saturday, the word Sunday, or, if the occupier so elects, the word Friday, were substituted for Saturday. (3) For the purposes of this section, a factory occupied by a partnership or company, shall be deemed to be occupied by a person of the Jewish religion or a member of a religious body regularly observing the Jewish Sabbath if the majority of the partners or of the directors of the company are persons of the Jewish religion or, as the case may be, members of any such religious body as aforesaid, but not otherwise. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 109 Exception as to laundries. 109.(1) For the purpose of meeting without overtime employment pressure of work recurring on particular days of the week, the total hours worked in a day by women in laundries may, on two week days other than Saturday in any week, extend to ten hours, and the period of employment on those days may extend to twelve hours and may begin at any time not earlier than seven o'clock in the morning and end at any time not later than nine o'clock in the evening; but nothing in this subsection shall affect the provisions of this Part with respect to the total hours worked in a week. (2) The Ministry may, as regards factories of which the occupiers avail themselves of this exception, by regulations make such modifications in the provisions of this Part which require that the period of employment and intervals allowed for meals and rest shall be the same for all women and young persons, and that no woman or young person shall be employed during any such interval, as appear to the Ministry to be necessary or expedient. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 110 Exception as to preserving of fish, fruit and vegetables. 110.(1) Subject to such conditions as the Ministry may by regulations prescribe, the provisions of this Part with respect to the general conditions as to hours of employment of women and young persons, notices fixing hours of employment, overtime employment of women and young persons, prohibition of use of rooms during intervals, prohibition of Sunday employment, and annual holidays shall not apply to the employment of women and of young persons who have attained the age of sixteen in processes connected with (a)the preserving, canning or curing of fish or the preparing of fish for sale; or (b)the preserving or canning of fruit or vegetables during the months of June, July, August and September; (2) Where an occupier avails himself of this exception, the notice required to be served and posted by him under section 113 need not, except in so far as regulations under this section so require, specify the period of employment or the intervals to be allowed for meals or rest. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 111 Exception as to factories where milk is treated. 111.(1) In the case of factories, or any class or description of factory, in which cream, butter, cheese, milk powder, condensed milk or any other milk product is made or fresh milk or cream is sterilised or otherwise treated before being sold as such, the Ministry may make regulations varying the provisions of this Part with respect to the general conditions as to hours of employment of women and young persons, notices fixing hours of employment, overtime employment of women and young persons, prohibition of use of rooms during intervals, prohibition of Sunday employment, and annual holidays, so far as they relate to women and to young persons who have attained the age of sixteen. (2) The hours worked in any week by any woman or young person in pursuance of regulations made under this section shall not exceed fifty-four, except that in such factories in which cheese is made as may be specified in the regulations, and during such period of the year as may be so specified, the hours so worked in any week may extend to sixty. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 112 Provision for protection of women and young persons employed under exceptions. 112. Where it appears to the Ministry that the adoption of any special provision is required for the protection of the health or welfare of women or young persons employed overtime or in pursuance of an exception under sections 99 to 111, it may by regulations direct that the adoption of the provision shall be a condition of such employment in addition to any other conditions specified in this Part. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 113 Notices, registers, etc., relating to exceptions. 113.(1) An occupier of a factory, not less than seven days before he avails himself of any exception under sections 99 to 111, shall serve on the chief inspector and post in his factory notice in the prescribed form of his intention to do so, as from a date specified in the notice, and shall keep the notice posted whilst he avails himself of the exception. (2) Before the service of the notice on the chief inspector the exception shall not be deemed to apply to the factory, and as from the date specified in the notice it shall not be competent in any proceeding under this Act for the occupier to prove that the exception does not apply to his factory, unless, before the event in respect of which the proceedings are taken, he had served on the chief inspector notice that he no longer intended to avail himself of the exception. (3) The notice mentioned in subsection (1) must, except as otherwise provided by this Part, specify the period of employment, and the intervals to be allowed for meals or rest, and the annual holidays, where they differ from the ordinary hours or intervals or holidays, and, subject to the provisions of this Part with respect to overtime, a person employed in pursuance of the exception shall not be employed otherwise than in accordance with the notice. (4) A change in the said period of employment or intervals shall not be made until the occupier has served on the chief inspector, and posted in the factory, notice of his intention to make the change, and shall not be made oftener than once in three months, unless for special cause allowed in writing by the chief inspector. (5) The Ministry may by order direct that every occupier of a factory availing himself of such exception as may be specified in the order shall enter in the prescribed register and report to the chief inspector such particulars as may be so specified respecting the employment of women and young persons in pursuance of that exception. Regulation of employment of young persons in certain occupations. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 114 114.(1) This section applies to young persons (a)employed in collecting, carrying or delivering goods, carrying messages or running errands, who are so employed in the business of a factory wholly or mainly outside the factory or who are so employed in connection with any business carried on at a dock, wharf, or quay to which section 123 applies, or any warehouse (except a warehouse which forms part of a factory or which is occupied for the purposes of his trade by any person carrying on any retail trade or business, or by any wholesale dealer or merchant), and by a person having the use or occupation of the dock, wharf, quay or warehouse, or of premises within it or forming part of it; or (b)employed in or in connection with any process (not being a process to which section 124 applies) carried on at any such dock, wharf, quay or warehouse and by a person having such use or occupation as aforesaid, or in or in connection with the processes of loading, unloading or coaling any ship in any dock, harbour or canal. (2) The employment of all such young persons as aforesaid shall, subject as hereinafter provided, conform to the following conditions, that is to say: (a)the total hours worked, exclusive of intervals allowed for meals and rest, shall not, subject to paragraph (d), exceed forty-eight in any week; (b)the young person shall not be employed continuously for a spell of more than five hours without an interval of at least half an hour for a meal or rest, and where the hours of employment include the hours from half-past eleven in the morning to half-past two in the afternoon, an interval of not less than three-quarters of an hour shall be allowed between these hours for dinner; (c)on at least one weekday in each week, to be notified in the prescribed form and manner, the young person shall not be employed after one o'clock in the afternoon; (d)the young person, if he has attained the age of sixteen, may, on occasions of seasonal or other special pressure or in cases of emergency, work overtime, that is to say, in excess of the permitted weekly hours, but his hours of overtime work shall not exceed six in any week or fifty in any calendar year, and where any employer has employed overtime any young persons to whom this section applies in twelve weeks (whether consecutive or not) in any calendar year, neither he nor any person succeeding to his business shall employ young persons to whom this section applies overtime during the remainder of that year; (e)the young person shall in every period of twenty-four hours between midday on one day and midday on the next day be allowed an interval of at least eleven consecutive hours, which shall include the hours from ten o'clock in the evening until seven o'clock in the morning; (f)the employer of any young persons to whom this section applies shall keep in the prescribed form and manner a record of the prescribed particulars as to the young persons, including particulars of the hours worked by them and of the intervals allowed to them for meals and rest, and particulars of all overtime employment shall be separately entered in the record; (g)sections 87, 93, 94 and 108 shall apply, subject to the prescribed adaptations to the employment of young persons to whom this section applies; (h)any further conditions, which may include conditions with respect to the daily period of employment, prescribed by regulations of the Ministry for the purpose of safeguarding the welfare and interests of the young persons or any class of them, shall be complied with. (3) Where a young person to whom this section applies is, in addition to being employed in employment mentioned in subsection (1), also employed by the same employer in any other employment, any reference in subsection (2) to employment shall in relation to that young person, include a reference to that other employment. (4) The employer of any young person to whom this section applies may give notice to the chief inspector that he wishes to substitute for the provisions of this section the foregoing provisions of this Part, and, unless and until the notice is withdrawn by another notice, those provisions shall apply accordingly, subject to the prescribed adaptations, to all such young persons employed by him. Any notice given under this subsection (including a notice of withdrawal) shall be in the prescribed form and shall take effect from such date after it is given as may be prescribed. (5) For the purposes of this section, a young person shall be deemed to be employed by the person for whom he works, whether or not he receives any wages for his work. Exceptions from provisions regulating hours of employment. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 115 115.(1) Where the Ministry is satisfied, on an application made to the Ministry 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, the Ministry may, after such consultations as the Ministry may think appropriate or as may be required under subsection (4), exempt the employment of persons of or over the age of sixteen from any of the following provisions, except in so far as they relate to mines and quarries, that is to say, (a)the foregoing provisions of this Part except sections 85 and 94; (b)subsection (3) of section one of the Employment of Women, Young Persons, and Children Act 1920; and (c)the Hours of Employment (Conventions) Act 1936. (2) 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 special regulations, to be known as general exemption regulations. (3) 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. (4) The Ministry 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 the Ministry to be representative respectively of workers and employers concerned; or (b)on the application of a wages council; or (c)on the joint application of an organisation which appears to the Ministry to be representative of employers concerned and of an organisation which appears to the Ministry to be representative of workers concerned; or (d)on the application of an organisation which appears to the Ministry to be representative of employers concerned and after consulting an organisation which appears to the Ministry to be representative of workers concerned; or (e)on the application of an organisation which appears to the Ministry to be representative of workers concerned and after consulting an organisation which appears to the Ministry to be representative of employers concerned. (5) The Ministry shall publish in the Belfast Gazette such particulars of special exemption orders as the Ministry considers appropriate. S.116 rep. by 1972 NI 14 art.109(3) sch.18; 1978 NI 9 art.56(2) sch.7 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 117 Power of inspector to require certificate of fitness for work. 117. 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, the Ministry 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 ... unless the appointed factory doctor [or 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.[ FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 117A Duty of factory occupier to give notice of employment of a young person. 117A.(1) Subject to subsection (2), where the occupier of a factory takes a young person into his employment to work in the factory (or transfers to work in the factory from work elsewhere than in a factory a young person already in his employment), the occupier shall, not later than seven days after the day on which he does so, send to the local employment service office of the Department of Manpower Services a written notice stating the name of the occupier, the address of the factory and the fact of the young person's having been so taken or transferred, and the date on which, and the work to do which, he was so taken or transferred, and giving such of the following information as is within the occupier's knowledge, namely: (a)the young person's Christian name (or forename) and surname; (b)the date of his birth; (c)his usual residential address; and (d)the name and address or the school (if any) which he last attended before he was so taken or transferred. (2) In a case where this section applies by virtue of its inclusion in section 123(3), 124(2) or 125(2), a notice under subsection (1) shall state as the address of the factory the place where the young person works. (3) In this section (a)"the local employment service office" means the local employment service office maintained by the Department of Manpower Services for the area in which the factory is situated; and (b)"school" means a school within the meaning of the Education and Libraries (Northern Ireland) Order 1972.] Tenement factories and parts of buildings let off as separate factories fire provisions. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 118 118. Schedule 2 shall have effect for modifying certain provisions of this Act relating to fire in their application to certain factories occupying parts of buildings. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 119 Tenement factories other provisions. 119.(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, ...; (c)the provisions of Part III; (d)the provisions of Part IV with respect to the removal of dust or fumes; (e)the provisions of Part V; (f)the provisions of Part VI as to notices fixing the hours of employment and notices relating to exceptions; and (g)the provisions of Part X as to posting of abstracts and notices; (2) Subsection (1) 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) 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)of the provision of Part IV with respect to removal of dust or fumes; (4) Subsection (1) 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). (5) Where the occupier of any tenement posts in his tenement a notice with respect to the period of employment, and the intervals for meals or rest or any notice relating to an exception, the notice shall, with respect to persons employed by him, have effect in substitution for the corresponding notice posted by the owner. (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. Subs.(7) rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 120 Parts of buildings let off as separate factories other provisions. 120.(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 subsection (2)(a) and (b) 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), the owner of the building shall be responsible for any contravention of the provisions specified in subsection (2)(a) as so applying; and (c)subject to subsection (5), the owner of the building shall be responsible, instead of the occupier, for any contravention as respects the factory, of the provisions specified in subsection (2)(c). (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, and with respect to steam boilers, steam receivers and steam containers, and air receivers; Para.(b) rep. by SR 1979/246 (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, steam 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; (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. Subs.(6) rep. by SR 1979/246 (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, .... Application of Act to electrical stations. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 121 121.(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) 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 50 and 51 so far as they enable the Ministry to make regulations; Para.(b) rep. by SR 1979/246 (c)Part V; Para.(d) rep. by SR 1979/246 (e)Part XII; (f)Part XIII; (g)Part XIV. (3) The Ministry may by special regulations apply any of the provisions mentioned in subsection (2) to any machinery or plant used (a)in such processes or operations as are mentioned in subsection (1) 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), (4) Subsections (1) and (2) shall not, except in so far as the Ministry may by special regulations direct, apply to any premises where the said processes or operations are only carried on or performed for the immediate purpose of working an electric motor or working any apparatus which consumes electrical energy for lighting, heating, transmitting or receiving messages or communications, or other purposes. Institutions. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 122 122.(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, .... Subs.(2)(3) rep. by SR 1979/246 Docks, etc. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 123 123.(1) The provisions of this Act specified in subsection (2) shall apply to every dock, wharf or quay (including any warehouse belonging to the owners, trustees or commissioners 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: (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 50 and 51 so far as they enable the Ministry to make regulations; Paras.(c)(e) rep. by SR 1979/246 (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 Ministry; Para.(h) rep. by SR 1979/246 (j) the provisions of Part X with respect to the abstract of this Act and notices, special regulations, general registers (so far as applicable), preservation of registers and records, but subject to such modifications as may be made by regulations of the Ministry ...; Para.(k) rep. by SR 1979/246 (l)Part XII; and <(m)Part XIV. (3) Subject to subsection (4), (a)the provisions of this Act mentioned in paragraph (a) (subject to the modification mentioned in that paragraph) and in paragraphs ..., (f), ..., (j), ..., (l) and (m) of sub-section (2); and (4) Nothing in subsection (3) shall operate (a)to apply the provisions mentioned in subsection (2)(a) ... to any machinery or plant which is on board a ship and is the property of the ship owner; or (b)to apply the provisions mentioned in subsection (3)(b) to a member of the crew of a ship. (5) In subsections (3) and (4) "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 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) as if the warehouse were a factory and the person having the actual use or occupation thereof were the occupier of a factory. (7) This Act shall not apply to any dock, wharf or quay adjacent to and belonging to a quarry within the meaning of the Quarries Act (Northern Ireland) 1927 and used exclusively for purposes connected with such quarry. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 124 Ships. 124.(1) Subject to subsection (3), the provisions of this Act specified in subsection (2) 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 Ministry 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 50 and 51 so far as they enable the Ministry to make regulations; Paras.(b)(d) rep. by SR 1979/246 (e)Part V; (f)the provisions of Part VI with respect to hours of employment (but not with respect to Sunday employment and annual holidays), subject to such modifications as may be made by regulations of the Ministry to meet special circumstances; Para.(g) rep. by 1978 NI 9 art.56(2) sch.7; para.(h) rep. by SR 1979/246 (j)the provisions of Part X with respect to general registers (so far as applicable), preservation of registers and records, ...; Para.(k) rep. by SR 1979/246 (l)Part XII; <(m)Part XIV. (3) Nothing in this Act shall apply to any such work as is mentioned in subsection (1) which is done by the master or crew of a ship or done on board a ship during a trial run. Building operations and works of engineering construction. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 125 125.(1) Subject to the following provisions of this section, the provisions of this Act specified in subsection (2) shall apply (a)to building operations; and (b)to works of engineering construction; (2) The said provisions are: (a)the provisions of Part I with respect to sanitary conveniences; (b)the provisions of sections 50 and 51 so far as they enable the Ministry to make regulations; (c)the provisions of Part II with respect to steam boilers and air receivers ...; Paras.(d)(e) rep. by SR 1979/246 (f)Part V; Para.(g) rep. by 1978 NI 9 art.56(2) sch.7; para.(h) rep. by SR 1979/246 (j) the provisions of Part X with respect to the abstract of this Act and notices, special regulations, general registers (so far as applicable), preservation of registers and records, ...; (k)the provisions of Part XI with respect to ... duties ... of [district councils and of the chief administrative medical officer of a Health and Social Services Board;] (l)Part XII; <(m)Part XIII; (n)Part XIV. (3) ... no special regulations made under Part IV shall operate so as to interfere with the design of any works of engineering construction or with the adoption in the execution of those works of any method not inconsistent with the safety of the works or of the persons employed which is prescribed in the specification or in any signed plans issued, or written directions given, by the consulting engineer or the engineer in charge. (4) The provisions of this Act in their application to building operations or to works of engineering construction shall have effect as if any place where such operations or works are carried on were a factory and any person undertaking any such operations or works to which this Act applies were the occupier of a factory, and with such other adaptations and modifications as may be made by regulations made by the Ministry. (5) The provisions of this Act requiring general registers to be kept and copies of the prescribed abstract of this Act and of special regulations or the prescribed abstract of such regulations to be kept posted up on the premises 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 and copies of the abstract of this Act and of the regulations or abstracts thereof are kept posted up at each office, yard or shop of the person undertaking the operations or works at which persons employed by him on the operations or works attend, and in a position where they can easily be read by those persons. (6) Subject to subsection (7), any person undertaking any building operations or works of engineering construction to which this Act applies shall, not later than seven days after the beginning thereof, serve on the chief inspector a written notice stating the name and postal address of that person, the place and nature of the operations or works, whether any mechanical power is used and, if so, its nature, the name of the district council within whose district the operations or works are situated and such other particulars as may be prescribed. (7) Subsection (6) shall not apply to any operations or works which the person undertaking them has reasonable grounds for believing will be completed in a period of less than six weeks, except in such cases as the chief inspector may direct; and where a person undertakes any building operations or works of engineering construction in a place where such operations or, as the case may be, works are in progress, he shall not be required to give a notice under that subsection if such a notice was given in respect of the operations or works in progress. (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. Employment of women and young persons in places other than factories in processes connected with lead manufacture or involving the use of lead compounds. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 126 126. The following provisions of this Act, that is to say: (a)the provisions relating to the employment of women and young persons in certain processes connected with lead manufacture and in processes involving the use of lead compounds; (b)the provisions requiring notification to be sent to the chief inspector of lead poisoning contracted or occurring in factories; and (c)any provision relating ... to offences, penalties and legal proceedings; Use of lead paint in connection with buildings. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 127 127. Subs.(1) rep. by SR 1979/246 (2) The provisions of this Act specified in subsection (3) shall apply in any case where persons are employed in painting buildings as if the place where they are employed were a factory and the person by whom they are employed the occupier of the factory, and with such further or other modifications as may be made by order of the Ministry for the purpose of making those provisions applicable to the painting of buildings. (3) The said provisions are (a)the provisions of section 80 so far as they relate to cases of lead poisoning; (b)section 139; Para.(c) rep. by SR 1979/246 (d)section 155. (4) Subject to subsection (5), every person who employs persons in painting buildings shall send to the Ministry a notice in writing stating his name and the address of his office, and shall keep at his office a register, which shall be available for inspection by an inspector at all reasonable times, containing such particulars as to the persons so employed by him and as to the work on which they are employed as may be prescribed, and shall make such returns to the Ministry as may be prescribed. (5) Subsection (4) does not apply where the persons employed are persons whose ordinary occupation does not include the painting of buildings. (6) Any person failing to comply with the requirements of subsection (4) shall be liable [on summary conviction] to a fine not exceeding three pounds. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 128 Power to take samples of paint, etc. 128.(1) Where an inspector suspects that any substance used or intended for use in painting a building contains a lead compound, he may at any time take for analysis sufficient samples of that substance; and if any person who employs persons in painting buildings refuses to allow an inspector to take samples in pursuance of this section, or to give him facilities for the purpose, he shall be [liable on summary conviction to a fine not exceeding #400]. (2) Any such person may, at the time when a sample is taken under this section, and on providing the necessary appliances, require the inspector to divide the sample into two parts and to mark and seal and deliver to him one part. (3) Section 77(3) and (4) shall apply in relation to an analysis of a sample under this section as they apply in relation to an analysis of a sample under that section, .... FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 129 Prohibition of employment of women and young persons in painting buildings with lead paint. 129.(1) Subject to subsection (2), a woman or young person shall not be employed in painting any part of a building with lead paint. (2) This section shall not apply to the employment of (a)persons employed as apprentices in the painting trade under arrangements approved by an order of the Ministry made after consultation with the organisations, if any, representative of the employers and workers in the trade; or (b)women or young persons in such special decorative or other work (other than work of an industrial character) as may be excluded from the provisions of this section by an order of the Ministry. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 130 Provisions supplementary to sections 127 to 129. 130. In sections 127 to 129 "lead paint" means any paint, paste, spray, stopping, filling, or other material used in painting which, when treated in a manner prescribed by rules made by the Ministry, yields to an aqueous solution of hydrochloric acid a quantity of soluble lead compound exceeding, when calculated as lead monoxide, five per cent. of the dry weight of the portion taken for analysis; and "building" includes fixtures. Lists of outworkers to be kept in certain trades. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 131 131.(1) In the case of persons employed in such classes of work as may from time to time be specified by regulations of the Ministry, the occupier of every factory and every contractor employed by any such occupier in the business of the factory shall (a)keep in the prescribed form and manner, and with the prescribed particulars, lists showing the names and addresses of all persons (in this section referred to as outworkers) directly employed by him, either as workmen or as contractors, in the business of the factory, outside the factory, and of the places where they are employed; and (b)send to an inspector such copies of or extracts from those lists as the inspector may from time to time require; and (c)send to the [Health and Social Services Board] during the month of February and the month of August in each year copies of those lists, showing all outworkers employed by him during the preceding six months. (2) Every [Health and Social Services Board] shall cause the lists received by the [Board] in pursuance of this section to be examined, and shall furnish the name and place of employment of every outworker included in any such list whose place of employment is outside the area of the [Board] to the [Health and Social Services Board] for the area in which his place of employment is. (3) The lists kept by the occupier or contractor shall be open to inspection by any inspector, and by any officer duly authorised by the [Health and Social Services Board], and the copies sent to the [Board] and the particulars furnished by one [Board] to another shall be open to inspection by any inspector or officer of any Government department. (4) This section shall apply to any place from which any work is given out in connection with the business of a factory (whether the materials for the work are supplied by the occupier or not), and to the occupier of that place, and to every contractor employed by the occupier in connection with the said work, as if that place were a factory. (5) In the event of a contravention of this section by the occupier of a factory or place, or by a contractor, the occupier or contractor shall be guilty of an offence. S.132. rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 133 Making of wearing apparel where there is scarlet fever or small-pox. 133. If the occupier of a factory or of any place from which any work is given out, or any contractor employed by any such occupier, causes or allows wearing apparel to be made, cleaned, or repaired, in any dwelling-house or building occupied therewith, while any inmate of the dwelling-house is suffering from scarlet fever or small-pox, then, unless he proves that he was not aware of the existence of the disease in that dwelling-house, and could not reasonably have been expected to become aware of it, he shall be guilty of an offence. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 134 Prohibition of home work in places where there is infectious disease. 134.(1) If any inmate of a house is suffering from an infectious disease to which this section applies, the [Health and Social Services Board] for the area in which the house is situate may make an order forbidding any work to which this section applies to be given out to any person living or working in that house, or such part thereof as may be specified in the order, and any order so made may be served on the occupier of any factory, or any other place from which work is given out, or on the contractor employed by any such occupier. (2) The order may be made notwithstanding that the person suffering from an infectious disease may have been removed from the house, and the order shall be made either for a specified time or subject to the condition that the house or part thereof liable to be infected shall be disinfected to the satisfaction of the [chief administrative medical officer of the Health and Social Services Board], or that other reasonable precautions shall be adopted. (3) In any case of urgency the powers conferred on the [Health and Social Services Board] by this section may be exercised by any two or more members of the [Board] acting on the advice of the [chief administrative medical officer of the Health and Social Services Board]. (4) If any occupier or contractor on whom an order under this section has been served contravenes the provisions of the order, he shall be guilty of an offence. (5) The infectious diseases to which this section applies are the infectious diseases required to be notified under the law for the time being in force in relation to the notification of infectious diseases, and the work to which this section applies is the making, cleaning, washing, altering, ornamenting, finishing and repairing of wearing apparel and any work incidental thereto, and such other classes of work as may be specified by order of the Ministry. Particulars of work and wages to be given to piece-workers. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 135 135.(1) In every textile factory the occupier shall, for the purpose of enabling each person employed who is paid by the piece to compute the total amount of wages payable to him in respect of his work, cause particulars of the rate of wages applicable to the work to be done, and also particulars of the work to which that rate is to be applied, to be published as follows: (a)the particulars of the rate of wages applicable to the work to be done by each person shall be furnished to him in writing at the time when the work is given out to him, except that, if the same particulars are applicable to the work to be done by each of the persons employed in one room, it shall be sufficient to exhibit them in that room on a placard not containing any other matter, and posted in a position where it is easily legible; (b)such particulars of the work to be done by each person employed as affect the amount of wages payable to him shall (except so far as they are ascertainable by an automatic indicator) be furnished to him in writing at the time when the work is given out to him; (c)where such particulars of the work as affect the amount of wages are ascertained by an automatic indicator, and a placard containing the particulars as to the rate of wages is exhibited in each room in pursuance of an agreement between employers and persons employed, and in conformity with the requirements of this section, the exhibition thereof shall be a sufficient compliance with the foregoing provisions of this section; (d)the particulars either as to rate of wages or as to work shall not be expressed by means of symbols; (e)where an automatic indicator is used for ascertaining work, the indicator shall have marked on its case the number of teeth in each wheel and the diameter of the driving roller or such other particulars as will enable the accuracy of the indicator to be checked, so, however, that in the case of spinning machines with traversing carriages the number of spindles and the length of the stretch in such machines shall be so marked instead of the diameter of the driving roller. (2) If the occupier fraudulently uses a false indicator for ascertaining the particulars or amount of any work paid for by the piece, or if any person employed fraudulently alters an automatic indicator, the occupier or person employed, as the case may be, shall be guilty of an offence. (3) If any person employed in a factory, having received any such particulars, whether they are furnished directly to him or to a fellow workman, discloses the particulars for the purpose of divulging a trade secret, he shall be guilty of an offence. (4) If any person for the purpose of obtaining knowledge of or divulging a trade secret solicits or procures a person employed in a factory to disclose any such particulars, or with that object pays or rewards any such person, or causes any such person to be paid or rewarded for disclosing any such particulars, he shall be liable to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months. (5) The Ministry, on being satisfied by the report of [an officer appointed under section 135A] that the provisions of this section are applicable to any class of factories other than textile factories, may, if it thinks fit, by regulations apply the provisions of this section to any such class, subject to such modifications as may in its opinion be necessary for adapting those provisions to the circumstances of the case; and it may also by regulations apply those provisions, subject to such modifications as may in its opinion be necessary for adapting them to the circumstances of the case, to any class of persons of whom lists may be required to be kept [under the Health and Safety at Work (Northern Ireland) Order 1978 or] under the provisions of this Act relating to outworkers, and to the employers of those persons. (6) In this section "textile factory" means any factory in which mechanical power is used in the spinning, weaving or knitting of cotton, wool, hair, silk (including artificial silk), flax, hemp, jute, tow, china-grass, coconut fibre, asbestos, or other like material, either separately or mixed together, or mixed with any other material, or any fabric made thereof or in any process preparatory or incidental thereto, whether or not carried on in the same premises.[ FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 135A Enforcement 135A.(1) The Department, with the approval of the Department of the Civil Service as to numbers and salaries, may appoint such officers as it thinks necessary for the purpose of enforcing the provisions of section 135 and of any regulations made or having effect thereunder and the persons so appointed shall for that purpose have the powers conferred on them by subsection (3). (2) Every appointment under subsection(1) shall be made in writing and an officer appointed thereunder shall, if so required when exercising or seeking to exercise any power conferred on him by subsection (3), produce his written appointment or a duly authenticated copy thereof. (3) An officer appointed under subsection (1) may, for the purpose there mentioned, exercise any of the following powers: (a)at any reasonable time to enter a factory when he has reasonable cause to believe that any person is employed therein and any place from which any work is given out in connection with the business of a factory; (b)to require the production of, inspect and take copies of or of any entry in any books or documents kept, furnished or exhibited in pursuance of section 135; (c)to require any person whom he has reasonable cause to believe to be able to give any information relevant to his investigation under this section to answer (in the absence of persons other than a person nominated by him to be present and any persons whom the officer may allow to be present) such questions as the officer thinks fit to ask and to sign a declaration of the truth of his answers: so however that no one shall be required under this provision to answer any question tending to criminate himself or, in the case of a person who is married, his or her wife or husband. (4) An officer appointed under subsection (1), if authorised in that behalf by the Department may, although not of counsel or a solicitor, prosecute before a court of summary jurisdiction proceedings for a contravention of section 135 or regulations thereunder. (5) If any person in purported compliance with a requirement imposed under this section (a)produces or furnishes or causes or knowingly allows to be produced or furnished any document which he knows to be false in a material particular; or (b)makes any statement which he knows to be false in a material particular or recklessly makes a statement which is so false, (6) If any person intentionally obstructs an officer appointed under subsection (1) in the exercise or performance of his powers or duties or fails to comply with any requirement imposed by such an officer in the exercise of his powers, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding #20.] S.136 rep. by SR 1979/246 Notice of occupation of factory, and use of mechanical power. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 137 137.(1) Subject to subsection (3), every person who begins to occupy or to use any premises as a factory shall, not less than one month before he does so, serve on the chief inspector a written notice stating the name of the occupier or the title of the firm, the postal address of the factory, the nature of the work, whether mechanical power is to be used and, if so, its nature, the name of the district council within whose district the factory is situated and such other particulars as may be prescribed. (2) Subject to subsection (3), not less than one month before the date on which mechanical power is first used in a factory the occupier shall serve on the chief inspector a written notice stating the nature of the mechanical power. (3) A person may begin to occupy, or to use any premises as, a factory, and mechanical power may be first used in a factory, less than one month after the notice required by the foregoing provisions of this section has been served, if the chief inspector gives written permission; and a person may also begin to occupy a factory less than one month after the notice has been served or before serving the notice, if he takes over from another person without changing the nature of the work and the notice is served as soon as practicable and in any case within one month of his taking over. (4) If a person begins to occupy, or to use any premises as, a factory before he is entitled to do so under the foregoing provisions of this section, or if a person entitled thereunder to occupy a factory before giving notice fails to give the required notice within the time allowed, he shall be guilty of an offence .... Subs.(5) rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 138 Posting of abstract of Act and notices. 138.(1) Subject to subsection (2), there shall be kept posted at the principal entrances of a factory at which employed persons enter (a)the prescribed abstract of this Act; and (b)a notice of the address of the chief inspector; and [(c)a notice of the address of the employment medical adviser in charge of the area in which the factory is situate]; (d)a notice specifying the clock, if any, by which the period of employment and intervals for meals and rest in the factory are regulated; and (e)every notice and document required by this Act to be posted in the factory. (2) An inspector may direct that all or any of the documents mentioned in subsection (1) shall be posted in such parts of the factory, either in addition to or in substitution for the principal entrances, as he may direct. (3) All such documents shall be posted in such characters and in such positions as to be conveniently read by the persons employed in the factory and, if a form has been prescribed for any document, it shall be posted in that form. (4) If any person pulls down ... any abstract, notice, regulations or other document posted in pursuance of this Act, he shall be guilty of an offence and liable [on summary conviction] to a fine not exceeding ten pounds. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 139 Provisions as to special regulations. 139.(1) Printed copies of all special regulations for the time being in force in any factory or the prescribed abstract of such regulations shall be kept posted in the factory in such characters and in such positions as to be conveniently read by the persons employed in the factory. (2) A printed copy of all such regulations shall be given by the occupier to any person affected thereby on his application. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 140 General registers. 140.(1) There shall be kept in every factory or in such place outside the factory as may be approved by the chief inspector, a register in the prescribed form, called the general register, and there shall be entered in or attached to that register (a)the prescribed particulars as to the young persons employed in the factory; and (b)the prescribed particulars as to the washing, whitewashing or colour washing, painting or varnishing, of the factory; and (c)the prescribed particulars as to every accident and case of industrial disease occurring in the factory of which notice is required to be sent to the chief inspector; and (d)particulars showing every exception under sections 99 to 111 of which the occupier of the factory avails himself; and (e)all reports and particulars required by any other provision of this Act to be entered in or attached to the general register; and (f)such other matters as may be prescribed. (2) There shall be attached to the general register the certificate of the fire authority relating to means of escape in case of fire. (3) The occupier of a factory shall send to an inspector such extracts from the general register as the inspector may from time to time require for the purpose of the execution of his duties under this Act. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 141 Preservation of registers and records. 141. The general register and every other register or record kept in pursuance of this Act shall be preserved and shall be kept available for inspection by any inspector or by [an employment medical adviser] for at least two years, or such other period as may be prescribed for any class or description of register or record, after the date of the last entry in the register or record. Ss.142, 143 rep. by SR 1979/246. S.144 rep. by 1967 c.6 (NI) s.44(2) sch.7 Pt.II S.145 rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 146 Powers of inspectors. 146.[(1) An inspector shall, for the purpose of the execution of this Act, have power to do all or any of the following things, that is to say: (a)to enter, inspect, and examine at all reasonable times, by day and night, a factory, and every part thereof, when he has reasonable cause to believe that any person is employed therein, and to enter by day any place which he has reasonable cause to believe to be a factory and any part of any building of which a factory forms part and in which he has reasonable cause to believe that explosive or highly inflammable materials are stored or used; (b)to take with him a constable if he has reasonable cause to apprehend any serious obstruction in the execution of his duty; (c)to require the production of the registers, certificates, notices, and documents kept in pursuance of this Act, and to inspect, examine, and copy any of them; (d)to make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act and the enactments for the time being in force relating to public health are complied with, so far as respects a factory and any persons employed in a factory and any young persons to whom section 114 applies; (e)to require any person whom he finds in a factory to give such information as it is in his power to give as to who is the occupier of the factory; (f)to examine, either alone or in the presence of any other person, as he thinks fit, with respect to matters under this Act, every person whom he finds in a factory, or whom he has reasonable cause to believe to be or to have been within the preceding two months employed in a factory or in any employment mentioned in section 114(1) and to require every such person to be so examined and to sign a declaration of the truth of the matters respecting which he is so examined; so, however, that a person shall not be required under this provision to answer any question or to give any evidence tending to criminate himself, [or, in the case of a person who is married, his or her wife or husband]; Para.(g) rep. by 1978 NI 9 art.56(2) sch.7 (h)to exercise such other powers as may be necessary for carrying this Act into effect. (2) The occupier of every factory, his agents and servants, shall furnish the means required by an inspector as necessary for an entry, inspection, examination, inquiry, the taking of samples, or otherwise for the exercise of his powers under this Act in relation to that factory. (3) If any person wilfully delays an inspector in the exercise of any power under this section, or fails to comply with the requisition of an inspector in pursuance of this section, or to produce any register, certificate, notice or document which he is required by or in pursuance of this Act to produce, or wilfully withholds any information as to who is the occupier of any factory, or conceals or prevents, or attempts to conceal or prevent, a person from appearing before or being examined by an inspector, that person shall be deemed to obstruct an inspector in the execution of his duties under this Act. (4) Where an inspector is obstructed in the execution of his powers or duties under this Act, the person obstructing him shall be guilty of an offence, and liable to a fine not exceeding twenty pounds; and where an inspector is so obstructed in a factory, the occupier of that factory shall be guilty of an offence.] (5) Any certificate issued by the chief inspector may be issued for a limited period or without limit of period and may be varied or revoked by him or his successor in office.[ FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 147 Extention of section 146 to warehouses. 147. The powers of an inspector under section 146 shall include the power to enter, inspect and examine at all reasonable times any warehouse and every part thereof (a)by day or night, when he has reasonable cause to believe that any young person is employed in or in connection with the warehouse in such circumstances that section 114 applies to him; (b)by day, when he has reasonable cause to believe that any young person has within the preceding two months been employed as aforesaid, but not that any young person is so employed; Powers of entry of officers of fire authorities. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 148 148.(1) A designated officer shall, when authorised in writing by an inspector, have the like powers of entry and inspection as [are conferred by this Act on] an inspector, for the purpose of reporting to the inspector on any matter falling within the inspector's duties relating to fire, and the provisions of this Act as to furnishing means required by an inspector and delaying or obstructing an inspector shall apply in relation to a designated officer acting in pursuance of this section as they apply in relation to an inspector. (2) A designated officer exercising any power conferred by this section shall, if asked to do so, produce his authority. (3) An inspector shall not authorise a designated officer to enter or inspect any premises except with the consent of the fire authority. (4) In this section "designated officer" means any officer of the fire authority designated in writing by the authority to act for the purposes of this section. Ss.149, 150 rep. by SR 1979/246. Ss.151, 152 rep. by 1978 NI 9 art.56(2) sch.7 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 153 Annual reports by public health inspectors. 153. Subs.(1) rep. by SRO (NI) 1973/211 (2) [Such public health inspector as may be authorised by each district council] shall (a)make an annual report to the [district council] on the administration of, and furnish the prescribed particulars with respect to, the matters under Part I [and] Part IV ... which are administered by that ... council, and shall send a copy of his annual report or so much of it as deals with those matters to the Ministry; and (b)give written notice to the chief inspector of any factory coming to his knowledge in which no abstract of this Act is affixed in accordance with this Act. Subs.(3) rep. by SRO (NI) 1973/211; subs.(4) rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 154 Prohibition of disclosure of information. 154. If any person who, in pursuance of powers conferred by section 148 or section 153, is admitted into any factory or place discloses to any person any information obtained by him in the factory or place with regard to any manufacturing process or trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence .... Offences. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 155 155.(1) In the event of any contravention in or in connection with or in relation to a factory of the provisions of this Act, or of any regulation or order made thereunder, the occupier, or (if the contravention is one in respect of which the owner is by or under this Act made responsible) the owner, of the factory shall, subject to the following provisions of this Part, be guilty of an offence. (2) In the event ... of a contravention by any person of any regulation or order made under this Act which expressly imposes any duty upon him, that person shall be guilty of an offence and the occupier or owner, as the case may be, shall not be guilty of an offence, by reason only of ... the contravention of the provision imposing the said duty, ..., unless it is proved that he failed to take all reasonable steps to prevent the contravention; but this subsection shall not be taken as affecting any liability of the occupier or owner in respect of the same matters by virtue of some provision other than the provisions or provision aforesaid. (3) If the occupier of a factory avails himself of any exception allowed by or under this Act and fails to comply with any of the conditions attached to the exception, he shall be deemed to have contravened the provisions of this Act. (4) If any persons are employed in a factory otherwise than in accordance with the provisions of this Act or of any regulation or order made thereunder, there shall be deemed to be a separate contravention in respect of each person so employed. (5) Where an offence under this Act committed by a company is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of the company, he, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.[ FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 156 Fines for offences for which no express penalty provided. 156.(1) Subject to the following provisions of this Part, any person guilty of an offence under this Act for which an express penalty is not provided by this Act shall be liable (a)if he is an employed person, to a fine not exceeding fifteen pounds; (b)in any other case, to a fine not exceeding sixty pounds; (2) In relation to a contravention which was likely to cause the death of, or bodily injury to, any person, subsection (1) shall have effect as if for the references in paragraphs (a) and (b) to fifteen pounds and sixty pounds there were respectively substituted references to seventy-five pounds and three hundred pounds.][ FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 157 Power of court to order cause of contravention to be remedied. 157. Where the occupier or owner of a factory is convicted of an offence under this Act, the court may, in addition to or instead of inflicting a fine, order him, within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the contravention occurred, and may, on application, enlarge the time so specified, and where such an order is made, the occupier or owner shall not be liable under this Act in respect of the continuation of the contravention during the time allowed by the court, but if, after the expiration of that time as originally specified or enlarged by subsequent order, the order is not complied with, the occupier or owner, as the case may be, shall be liable to a fine not exceeding ten pounds for each day on which the non-compliance continues.] FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 158 Fine for offence by parent. 158. If a young person is employed in any factory in contravention of the provisions of this Act, the parent of the young person shall be guilty of an offence and liable [on summary conviction] to a fine not exceeding ten pounds, unless it appears to the court that the contravention occurred without the consent, connivance, or wilful default of the parent. S.159 rep. by SR 1979/246[ FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 160 Penalty on person actually committing an offence for which other person is primarily liable. 160.(1) Where an act or default for which any person is liable under this Act is in fact the act or default of some other person, that other person shall be guilty of an offence and liable, subject to subsection (2), to the like fine as if he were the first-mentioned person. (2) The fine that may be imposed under subsection (1) on an employed person where the offence is one for which an express penalty is not provided by this Act shall be that specified in section 156 in relation to employed persons, notwithstanding that the person primarily liable is not an employed person.][ FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 161 Power of person primarble to exempt himself from liability. 161.(1) A person charged with an offence under this Act shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three days' notice in writing of his intention, to have any other person whom he charges as the actual offender brought before the court at the time appointed for the hearing of the charge; and if, after the commission of the offence has been proved, the first-mentioned person proves to the satisfaction of the court (a)that he has used all due diligence to enforce the execution of this Act and of any relevant order or regulation made thereunder; and (b)that the said other person had committed the offence in question without his consent, connivance, or wilful default; (2) The prosecution shall have the right in any such case to cross-examine the first-mentioned person if he gives evidence and any witnesses called by him in support of his charge, and to call rebutting evidence. (3) When it is made to appear to the satisfaction of an inspector at the time of discovering an offence (a)that the person who would be proceeded against apart from this subsection has used all due diligence to enforce the execution of this Act; and (b)by what person the offence has been committed; and (c)that it has been committed without the consent, connivance or wilful default of the first-mentioned person and in contravention of his orders, Proceedings against persons not primarily liable. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 162 162. Where, under this Act, any person is substituted for another with respect to any provisions of this Act, any order, summons, notice or proceeding which for the purpose of any of those provisions is by or under this Act required or authorised to be served on or taken in relation to that other person, is hereby required or authorised (as the case may be) to be served on or taken in relation to the first-mentioned person. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 163 Owner of machine liable in certain cases instead of occupier. 163. Where in a factory the owner or hirer of a machine or implement moved by mechanical power is some person other than the occupier of the factory, the owner or hirer shall, so far as respects any offence under this Act committed in relation to a person who is employed in or about or in connection with that machine or implement, and is in the employment or pay of the owner or hirer, be deemed to be the occupier of the factory. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 164 Prosecution of offences and recovery of fines. 164.[(1) All offences under this Act shall be prosecuted and all fines under this Act shall be recovered in manner provided by the Summary Jurisdiction Acts. (2) In any proceedings under this Act it shall be sufficient in the information to allege that the factory is a factory within the meaning of this Act and to state the name of the ostensible occupier of the factory, or, where the occupier is a firm, the title of the firm.] Subs.(3)(4) rep. by SR 1979/246 [(5) Where any offence is committed under this Act by reason of a failure to make an examination, enter a report, or do any other thing, at or within a time specified by this Act or any regulation or order made thereunder, the offence shall be deemed to continue until the examination is made, or the report entered, or the other thing done, as the case may be.][ FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 165 Appeal from orders made on complaint. 165. Any person aggrieved by a conviction or an order made by a court of summary jurisdiction on determining an information or complaint under this Act may appeal therefrom in manner provided by the Summary Jurisdiction Acts.] FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 166 Special provisions as to evidence. 166.(1) If a person is found in a factory at any time at which work is going on or the machinery is in motion, except during the intervals for meals or rest, he shall, until the contrary is proved, be deemed for the purposes of this Act to have been then employed in the factory, unless the factory is one in which the only persons employed are members of the same family dwelling there. (2) Where in any proceedings under this Act with respect to a young person it appears to the court that that young person is apparently of or below the age alleged by the informant, it shall lie on the defendant to prove that the young person is not of or below that age. [(3) Where any entry is required by this Act or by any order or regulations made thereunder to be made in the general register or in any other register or record, the entry made by the occupier of a factory or on his behalf shall, as against him, be admissible as evidence of the facts therein stated, and the fact that any entry so required with respect to the observance of any provision of this Act or of any order or regulation made thereunder has not been made, shall be admissible as evidence that that provision has not been observed.] FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 167 Proceedings for offences in respect of the employment of children. 167. For the purposes of any proceedings under this Act in respect of the employment of children in contravention of section 84 of this Act, or section one of the Employment of Women, Young Persons, and Children Act, 1920, or any other enactment prohibiting the employment of children which is incorporated with this Act, references in this Part of this Act to young persons shall be construed as including references to children within the meaning of any such enactment. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 168 Service of documents, etc. 168.(1) Any document (including any summons or order) required or authorised to be served under this Act may be served (a)on any person by delivering it to him, or by leaving it at, or sending it by post to, his residence; (b)on any firm by delivering it to any partner of the firm, or by leaving it at, or sending it by post to, the office of the firm; (c)on the owner or occupier of a factory (including any such owner or occupier being a company to which the Companies Act (Northern Ireland) 1960 applies), in any such manner as aforesaid, or by delivering it, or a true copy thereof, to any person apparently not under the age of sixteen years at the factory. (2) Any such document may be addressed for the purpose of the service thereof on the occupier of a factory, to "the occupier" at the proper postal address of the factory, without further name or description. (3) The foregoing provisions of this section shall apply with the necessary modifications to documents required or authorised under this Act to be sent to any person, firm, owner or occupier, and to the sending, addressing, and delivery of such documents. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 169 Power of county court to modify agreements. 169. If by reason of an agreement between the owner and the occupier of premises the whole or any part of which has been let as a factory the owner or occupier is prevented from carrying out any structural or other alterations in the premises which are necessary to enable him to comply with the provisions of this Act or of any regulation or order made under this Act or in order to conform with any standard or requirement imposed by or under this Act, he may apply to the county court, and the court, after hearing the parties and any witnesses whom they desire to call, may make such an order setting aside or modifying the terms of the agreement as the court considers just and equitable in the circumstances of the case. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 170 Power of county court to apportion expenses. 170. Where in any premises the whole or any part of which has been let as a factory any structural or other alterations are required in order to comply with the provisions of this Act or of any regulation or order made under this Act or in order to conform with any standard or requirement imposed by or under this Act and the owner or occupier as the case may be alleges that the whole or part of the expenses of the alterations ought to be borne by the occupier or owner, the owner or occupier may apply to the county court, and the court, after hearing the parties and any witnesses whom they may desire to call, may make such an order concerning the expenses or their apportionment as the court considers just and equitable in the circumstances of the case, regard being had to the terms of any contract between the parties, or in the alternative the court may at the request of the owner or occupier determine the lease. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 171 Application of Arbitration Act (Northern Ireland) 1937 (c.8) 171. The Arbitration Act (Northern Ireland) 1937 shall not apply to proceedings under this Act except in so far as it may be applied by regulations made under this Act. General application. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 172 172. Save as in this Act otherwise expressly provided, the provisions of this Act shall apply only to factories as defined by this Act, but shall, except where the contrary intention appears, apply to all such factories. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 173 Application to Crown. 173.(1) This Act applies to factories belonging to or in the occupation of the Crown, to building operations and works of engineering construction undertaken by or on behalf of the Crown, and to the employment by or under the Crown of persons in painting buildings; but in case of any public emergency the Ministry may, by order, to the extent and during the period named in the order exempt from this Act any factory belonging to the Crown or any building operations or works of engineering construction undertaken by or on behalf of the Crown, or any factory in respect of work which is being done on behalf of the Crown. (2) [The duties under this Act of] ... a district council ... or the [fire authority] shall, in the case of a factory belonging to or in the occupation of the Crown, or building operations or works of engineering construction undertaken by or on behalf of the Crown, be exercised by an inspector under this Act; and any notice required by this Act to be sent to ... a district council ... or the [fire authority] shall in any such case be sent to the chief inspector. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 174 Relationship of this Act, enactments relating to mines, and Quarries Act (Northern Ireland) 1927 to certain premises. 174.(1) The provisions of this Act shall not apply to any premises forming part of a mine or quarry. (2) In the case of any premises to which all or any of the provisions of this Act would apply but for subsection (1), the Ministries may by order direct that that subsection shall not apply to the premises and that the premises shall be treated, for the purposes of [the Mines Act (Northern Ireland) 1969], as not forming part of a mine or, as the case may be, for the purposes of the Quarries Act (Northern Ireland) 1927, as not forming part of a quarry. (3) In the case of any premises to which all or any of the provisions of this Act apply, being premises [which would be deemed for the purposes of the Mines Act (Northern Ireland) 1969 to form part of a mine, but for subsection (3) of section 156 of the said Act of 1969, or] which would be deemed for the purposes of the Quarries Act (Northern Ireland) 1927, to form part of a quarry, but for subsection (3) of section twenty-nine of the said Act of 1927, the Ministries may by order direct that neither any of the provisions of this Act nor that subsection shall apply to the premises. (4) In the case of premises which are a factory within the meaning of this Act, or to which all or any of the provisions of this Act apply as if the premises were such a factory, being premises which, though not forming part of a mine or quarry, are occupied by the owner of a mine or quarry and used solely for the purpose of the provision or supply for or to a single mine or quarry, or jointly for or to more than one mine or quarry, of services or electricity, the Ministries may by order direct that, while the order is in force, the provisions of this Act shall not apply to the premises, and the premises shall be deemed for the purposes of [the Mines Act (Northern Ireland) 1969] or, as the case may be, for the purposes of the Quarries Act (Northern Ireland) 1927, to form part of the mine or quarry or, as the case may be, of such one of them as may be specified in the order. (5) References in subsections (1) to (4) to the provisions of this Act shall be construed as exclusive of references to section 125, and to the other provisions of this Act in so far as, by virtue of that section, they are applicable to such operations or works, but section 125 shall not apply to any building operations undertaken below ground in a mine or to any works of engineering construction undertaken below ground in a mine. (6) Where any machinery or apparatus is situate partly in a mine or quarry and partly in a factory within the meaning of this Act, the Ministries may by order direct that it shall be deemed for the purposes of this Act and of [the Mines Act (Northern Ireland) 1969] or, as the case may be, of the Quarries Act (Northern Ireland) 1927, either to be wholly situate in the factory and not to be situate in the mine or quarry or to be wholly situate in the mine or quarry and not to be situate in the factory. [(6A) The Ministry may make arrangements with the Ministry of Commerce, with respect to any premises or place in or adjacent to a mine or quarry, for the exercise by the Ministry of Commerce of any of the functions of the Ministry under this Act and for the exercise by the Ministry of any of the functions of the Ministry of Commerce relating to mines and quarries, and it shall be lawful for the Ministry of Commerce and its officers and the Ministry and its officers respectively to exercise the said functions in accordance with the arrangements.] (7) In this section "the Ministries" means the Ministry and the Ministry of Commerce; ["mine" has the same meaning as in the Mines Act (Northern Ireland) 1969;] "quarry" has the same meaning as in the Quarries Act (Northern Ireland) 1927. 1969 c.6 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 175 175.(1) Subject to the provisions of this section, the expression "factory" means any premises in which, or within the close or curtilage or precincts of which, persons are employed in manual labour in any process for or incidental to any of the following purposes, namely: (a)the making of any article or of part of any article; or (b)the altering, repairing, ornamenting, finishing, cleaning, or washing or the breaking up or demolition of any article; or (c)the adapting for sale of any article; (2) The expression "factory" also includes the following premises in which persons are employed in manual labour (whether or not they are factories by virtue of subsection (1)), that is to say, (a)any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up; (b)any premises in which the business of sorting any articles is carried on as a preliminary to the work carried on in any factory or incidentally to the purposes of any factory; (c)any premises in which the business of washing or filling bottles or containers or packing articles is carried on incidentally to the purposes of any factory; (d)any premises in which the business of hooking, plaiting, lapping, making-up or packing of yarn or cloth is carried on; (e)any laundry carried on as ancillary to another business, or incidentally to the purposes of any public institution; (f)except as provided in subsection (10), any premises in which the construction, reconstruction or repair of locomotives, vehicles or other plant for use for transport purposes is carried on as ancillary to a transport undertaking or other industrial or commercial undertaking; (g)any premises in which printing by letterpress, lithography, photogravure, or other similar process, or bookbinding is carried on by way of trade or for purposes of gain or incidentally to another business so carried on; (h)any premises in which the making, adaptation or repair of dresses, scenery or properties is carried on incidentally to the production, exhibition or presentation by way of trade or for purposes of gain of cinematograph films or theatrical performances, not being a stage or dressing-room of a theatre in which only occasional adaptations or repairs are made; (j)any premises in which the business of making or mending nets is carried on incidentally to the fishing industry; (k)any premises in which mechanical power is used in connection with the making or repair of articles of metal or wood incidentally to any business carried on by way of trade or for purposes of gain; (l)any premises in which the production of cinematograph films is carried on by way of trade or for purposes of gain, so, however, that the employment at any such premises of theatrical performers and of attendants on theatrical performers shall not be deemed to be employment in a factory; <(m)any premises in which articles are made or prepared incidentally to the carrying on of building operations or works of engineering construction, not being premises in which such operations or works are being carried on; (n)any premises used for the storage of gas in a gasholder having a storage capacity of not less than five thousand cubic feet; (o)any premises in which the business of flax scutching is carried on. (3) Any line or siding (not being part of a railway or tramway) which is used in connection with and for the purposes of a factory, shall be deemed to be part of the factory; and if any such line or siding is used in connection with more than one factory belonging to different occupiers, the line or siding shall be deemed to be a separate factory. (4) A part of a factory may, with the approval in writing of the chief inspector, be taken to be a separate factory and two or more factories may, with the like approval, be taken to be a single factory. (5) Any workplace in which, with the permission of or under agreement with the owner or occupier, two or more persons carry on any work which would constitute the workplace a factory if the persons working therein were in the employment of the owner or occupier, shall be deemed to be a factory for the purposes of this Act, and, in the case of any such workplace not being a tenement factory or part of a tenement factory, the provisions of this Act shall apply as if the owner or occupier of the workplace were the occupier of the factory and the persons working therein were persons employed in the factory. (6) Where a place situate within the close, curtilage, or precincts forming a factory is solely used for some purpose other than the processes carried on in the factory, that place shall not be deemed to form part of the factory for the purposes of this Act, but shall, if otherwise it would be a factory, be deemed to be a separate factory. (7) Premises shall not be excluded from the definition of a factory by reason only that they are open air premises. (8) Where the Ministry by regulations so directs as respects all or any purposes of this Act, different branches or departments of work carried on in the same factory shall be deemed to be different factories. (9) Any premises belonging to or in the occupation of the Crown or any [district council] or other public authority shall not be deemed not to be a factory, and building operations or works of engineering construction undertaken by or on behalf of the Crown or any such [council or] authority shall not be excluded from the operation of this Act, by reason only that the work carried on thereat is not carried on by way of trade or for purposes of gain. (10) Premises used for the purpose of housing locomotives or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out shall not be deemed to be a factory by reason only of subsection (2)(f), unless they are premises used for the purposes of a railway undertaking where running repairs to locomotives are carried out. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 176 1927 c.19 176.(1) In this Act "bakehouse" means any place in which bread, biscuits or confectionery is or are baked by way of trade or for purposes of gain; "bodily injury" includes injury to health; "building operation" means the construction, structural alteration, repair or maintenance of a building (including repointing, redecoration and external cleaning of the structure), the demolition of a building, and the preparation for, and laying the foundation of, an intended building, but does not include any operation which is a work of engineering construction within the meaning of this Act; "calendar year" means the period of twelve months beginning with the first day of January in any year; Definition rep. by SR 1979/246 "child" has the meaning assigned to it by section 84(2); "class or description", in relation to factories, includes a group of factories described by reference to locality; "degrees" means degrees Fahrenheit; Definition rep. by SRO (NI) 1973/211 "driving-belt" includes any driving strap or rope; ["the fire authority" means the Fire Authority for Northern Ireland;] "fume" includes gas or vapour; "general register" means the register kept in accordance with the requirements of section 140; "government chemist" means the officer appointed by the Minister of Finance under the Administrative Provisions Act (Northern Ireland) 1928 to be the government chemist for Northern Ireland; Definition rep. by SRO (NI) 1973/211 ["Health and Social Services Board" means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972;] "humid factory" means a factory in which atmospheric humidity is artificially produced by steaming or other means in connection with any textile process; ["inspector" means an inspector appointed by the Department of Manpower Services under Article 21 of the Health and Safety at Work (Northern Ireland) Order 1978 and references in any provision of this Act to the chief inspector are references to an inspector so appointed who is authorised for the purposes of that provision;] "machinery" includes any driving-belt; "maintained" means maintained in an efficient state, in efficient working order, and in good repair; "the Minister" and "the Ministry" mean respectively the Minister and Ministry of Health and Social Services; Definition rep. by 1972 NI 14 art.109(3) sch.18 "owner" means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises were let at a rackrent; "parent" means a parent or guardian of, or person having the legal custody of, or the control over, a child or young person, and includes, in relation to any child or young person, any person having direct benefit from his wages; "period of employment" means the period (inclusive of the time allowed for meals and rest) within which persons may be employed on any day; "prescribed" means prescribed by order of the Ministry; "prime mover" means every engine, motor or other appliance which provides mechanical energy derived from steam, water, wind, electricity, the combustion of fuel or other source; "process" includes the use of any locomotive; "railway" means any railway used for the purposes of public traffic whether passenger, goods, or other traffic and includes any works of the railway company connected with the railway; "railway company" includes a company or person working a railway under lease or otherwise; "sanitary conveniences" includes urinals, water-closets, earth-closets, privies, ashpits, and any similar convenience; Definition rep. by SR 1979/246 "ship", "vessel", and "harbour" have the same meanings as in the Merchant Shipping Act 1894; "tenement factory" means any premises where mechanical power from any prime mover within the close or curtilage of the premises is distributed for use in manufacturing processes to different parts of the same premises occupied by different persons in such manner that those parts constitute in law separate factories; "theatrical performer" includes any actor, singer, dancer, acrobat or performer of any kind employed to act, sing, dance, play or perform in any theatre, music hall or other place of public entertainment, or to rehearse with a view to so acting, singing, dancing, playing or performing, as well as any person employed to take part in the acting or representation of any play, act, event or scene being photographed or otherwise recorded as a picture or pictures or other optical effect suitable or intended for being exhibited by means of a cinematograph or other similar apparatus; and the term theatrical performer shall include all persons employed or engaged for purposes of a chorus or crowd, but shall not include stage hands and members of an orchestra; "tramway" means a tramway authorised by or under any Act of Parliament and used for the purpose of public traffic; "transmission machinery" means every shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving-belt or other device by which the motion of a prime mover is transmitted to or received by any machine or appliance; "week" means the period between midnight on Saturday night and midnight on the succeeding Saturday night; "woman" means a woman who has attained the age of eighteen; "work of engineering construction" means the construction of any railway line or siding otherwise than upon an existing railway, and the construction, structural alteration or repair (including repointing and repainting) or the demolition of any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipe-line, aqueduct, sewer, sewage works, or gasholder, except where carried on upon a railway or tramway, and includes such other works as may be specified by regulations of the Ministry; "young person" means a person who has ceased to be a child but has not attained the age of eighteen. (2) For the purposes of this Act, machinery or plant shall be deemed to have been constructed or reconstructed, and a factory or building to havew been constructed, reconstructed, extended, added to, or converted for use as a factory, before any date, if the construction, reconstruction, extension, addition, or conversion was begun before that date. (3) For the purposes of this Act, a factory shall not be deemed to be a factory in which mechanical power is used by reason only that mechanical power is used for the purpose of heating, ventilating or lighting the workrooms or other parts of the factory. (4) A woman, young person, or child who works in a factory whether for wages or not, either in a process or in cleaning any part of the factory used for any process, or in cleaning or oiling any part of the machinery or plant, or in any other kind of work whatsoever incidental to or connected with the process, or connected with the article made or otherwise the subject of the process therein, shall, save as is otherwise provided by this Act, be deemed to be employed therein for the purposes of this Act or of any proceedings thereunder, except that a woman employed solely in cleaning a factory or any part thereof, otherwise than in cleaning which is incidental to or connected with any process, shall not be deemed for the purposes of Part VI of this Act to be employed in the factory. (5) A young person who works in a factory, whether for wages or not, in collecting, carrying or delivering goods, carrying messages or running errands shall be deemed to be employed in the factory for the purposes of this Act or of any proceedings thereunder, but the provisions of Part VI of this Act shall not apply, except as expressly provided, to any such young person who is employed mainly outside the factory. (6) For the purposes of this Act, employment shall be deemed to be continuous unless interrupted by an interval of at least half an hour. (7) For the purposes of this Act, an apprentice shall be deemed to be a person employed. Ss.177, 178 rep. by SR 1979/246 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 179 1978 NI 9 179.(1) All regulations made under this Act, not being regulations made under section 34(4) or (7) or section 52(2) shall be subject to negative resolution. Subs.(2) rep. by SR 1979/246 (3) Any power conferred by this Act to prescribe standards or impose requirements shall include power to do so by reference to the approval of the chief inspector [or a person appointed by the Department of Manpower Services]. [(4) The provisions of Article 46 of the Health and Safety at Work (Northern Ireland) Order 1978 shall apply to any power, to make an order which is exercisable by statutory rule and conferred by this Act, as they apply to a power to make regulations.] (5) Any regulations or order made by the Ministry under this Act may be made for a limited period or without limit of period and may be made subject to such conditions as it thinks fit, and may contain such supplemental and consequential provisions as it considers necessary for giving full effect to the regulations or order. Subs.(6) rep. by SR 1979/246 (7) For the avoidance of doubt it is hereby declared (a)that any order applicable only to particular persons, premises, boilers, employment, operations or work or to persons employed at particular premises or on work supervised from particular premises; (b)that any order revoking an order which is not a statutory rule within the meaning of the [Statutory Rules (Northern Ireland) Order 1979]; 1979 NI 12 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 180 180.(1) This Act shall have effect subject to the provisions of Schedule 5. Subs.(2) rep. by SLR 1973 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 181 Transitional provisions. 181.(1) ... references in any enactment to a factory or workshop within the meaning of the Factory and Workshop Acts 1901 to 1929 or any of those Acts, shall be construed as references to a factory within the meaning of this Act. Subs.(2) rep. by 1978 NI 9 art.56(2) sch.7 FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 182 Construction of references in other enactments to factories and workshops, etc. 182. Except as otherwise provided by this Act, any expenses incurred by the Ministry under this Act shall be paid out of moneys provided by Parliament. FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 183 Financial provision. 183.(1) This Act may be cited as the Factories Act (Northern Ireland) 1965. Subs.(2) rep. by SLR 1973 1. Where a factory which is part of a building is either (a)a part of a tenement factory; or (b)a part let off as a separate factory but not a part of a tenement factory; 2. For the purposes of the provisions to which paragraph 1 applies (a)the whole of a tenement factory shall be deemed to be one factory; and (b)any such factory as is mentioned in sub-paragraph (b) of that paragraph shall be deemed to include any part of the building used for the purposes of the factory. 3. The provisions to which paragraph 1 applies are sections 41 to 48 and 52, except section 48(1) and (10) and so much of section 42(1) as requires the means of escape to be kept free from any obstruction caused by the use of the factory. 4. Section 48(1) and (10) shall 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. 5. The occupier of any such factory as is mentioned in paragraph 1 shall inform the owner of the building of any such proposal as is mentioned in section 42(3). 6. In relation to a building comprising such a factory as is mentioned in paragraph 1(b), section 48(7) shall have effect as if it required the warning referred to therein to be a warning in case of fire occurring anywhere in the building and to be audible in every part of the building which is used for the purposes of that or any other factory. 7 If on a complaint made by the owner of a building it appears to a court of summary jurisdiction that any occupier prevents him from carrying out any work, test or examination which he is required to carry out under the foregoing provisions of this Schedule, the court may order the occupier to permit him to do so, and if the occupier fails to comply with any provision of any such order he shall be guilty of an offence under this Act. 8. In relation to any such factory as is mentioned in paragraph 1, the provisions of this Act requiring certificates in respect of means of escape in case of fire and the registration of such certificates and of tests or examinations carried out in pursuance of section 52 shall have effect subject to the following modifications, that is to say (a)the certificate under section 41 shall be issued to the owner of the building in which the factory is comprised and a copy thereof (or, if the certificate relates to more than one factory, of the relevant parts thereof) shall be issued to the occupier of the factory; (b)where the certificate relates to a tenement factory it shall, notwithstanding paragraph 2(a), contain particulars as to each of the separate factories; (c)the references in section 41(7) and in section 52 to the general register shall be construed as references to a register to be kept by the owner of the building, ...; (d)the reference in section 140(2) to the certificate shall be construed as a reference to the copy issued in pursuance of this paragraph. Schedules 3, 4 rep. by SR 1979/246 1. Any reference in any enactment or document, whether express or implied, to any enactment repealed by this Act or by any enactment so repealed or to any provision contained in any such enactment shall be construed as a reference to this Act or, as the case may be, to the corresponding provision of this Act. 2. Any order, regulation, rule, byelaw or appointment made, direction, certificate or notice given, or other thing done under any provision contained in an enactment repealed by this Act or by an enactment so repealed shall continue in force and (a)if it could have been made, given or done under the corresponding provision of this Act, shall have effect as if it had been so made, given or done; (b)if it is an order or regulation made under a power which, under the corresponding provision of this Act, is exercisable by a different class of instrument, shall have effect as if it were an instrument of that class made under that provision. 3.(1) Subject to sub-paragraph (2), a factory which has been furnished with a certificate in pursuance of subsection (1) of section 14 of the Factory and Workshop Act 1901 and a factory in respect of which a notice issued in pursuance of subsection (2) of that section has been complied with, or in respect of which an award has been made under subsection (3) of that section and has been complied with, shall be entitled to receive a certificate under section 41 of this Act and, pending the receipt of the certificate, no offence shall be deemed to be committed by reason of the use of the factory while no certificate under this section is in force with respect to it. (2) Sub-paragraph (1) shall only apply to any factory if and so long as the means of escape provided therein are properly maintained, and shall not apply to any factory if, since the certificate was furnished or the notice or award was complied with in pursuance of the said section 14, any action has been taken of which notice would, if this Act had been in force and a certificate under section 41 had been granted, have been required by section 42 to be given to the fire authority. 4. In the case of any factory constructed or converted for use as a factory before the coming into operation of section 35 of the Factories Act (Northern Ireland) 1938 (that is to say the 1st July 1939) which is not a factory to which paragraph 3 of this Schedule applies, no offence shall be deemed to be committed under section 41 of this Act by reason of the use of the factory during any period that may elapse before the grant or refusal of a certificate under that section by the fire authority, and if the fire authority refuse to grant a certificate in respect of the factory unless alterations are made, no such offence shall be deemed to be committed while the alterations are being carried out in accordance with the requirements of the authority. 5. Where, before the coming into operation of Schedule 1 to the Factories Act (Northern Ireland) 1959 (that is to say the 1st December 1962) a certificate was issued under section 35 of the Factories Act (Northern Ireland) 1938 with respect to such a factory as is mentioned in paragraph 1 of Schedule 2 to this Act, but (a)neither the certificate nor a copy thereof was issued to the owner of the building in which the factory is comprised; or (b)neither the certificate nor a copy thereof or of the relevant part thereof was issued to the occupier of the factory; 6. The mention of particular matters in this Schedule shall be without prejudice to the general application of section 29 of the Interpretation Act (Northern Ireland) 1954 (which relates to the effect of substituting provisions). Schedule 6 rep. by SLR 1973

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Statutes of Northern Ireland