Offices, Shops and Railway Premises Act 1963

Scope of Act

Premises to which this Act applies

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• (1) The premises to which this Act applies are office premises, shop premises and railway premises, being (in each case) premises in the case of which persons are employed to work therein.

• (2) In this Act—

• (a) “office premises” means a building or part of a building, being a building or part the sole or principal use of which is as an office or for office purposes;

• (b) “office purposes” includes the purposes of administration, clerical work, handling money and telephone and telegraph operating; and

• (c) “clerical work” includes writing, book-keeping, sorting papers, filing, typing, duplicating, machine calculating, drawing and the editorial preparation of matter for publication;

and for the purposes of this Act premises occupied together with office premises for the purposes of the activities there carried on shall be treated as forming part of the office premises.

• (3) In this Act—

• (a) “shop premises” means—

• (i) a shop;

• (ii) a building or part of a building, being a building or part which is not a shop but of which the sole or principal use is the carrying on there of retail trade or business;

• (iii) a building occupied by a wholesale dealer or merchant where goods are kept for sale wholesale or a part of a building so occupied where goods are so kept, but not including a warehouse belonging to the owners, trustees or conservators of a dock, wharf or quay;

• (iv) a building to which members of the public are invited to resort for the purpose of delivering there goods for repair or other treatment or of themselves there carrying out repairs to, or other treatment of, goods, or a part of a building to which members of the public are invited to resort for that purpose;

• (v) any premises (in this Act referred to as “fuel storage premises”) occupied for the purpose of a trade or business which consists of, or includes, the sale of solid fuel, being premises used for the storage of such fuel intended to be sold in the course of that trade or business, but not including dock storage premises or colliery storage premises;

• (b) “retail trade or business” includes the sale to members of the public of food or drink for immediate consumption, retail sales by auction and the business of lending books or periodicals for the purpose of gain;

• (c) “solid fuel” means coal, coke and any solid fuel derived from coal or of which coal or coke is a constituent;

• (d) “dock storage premises” means fuel storage premises which constitute or are comprised in premises to which certain provisions of the Factories Act 1961 apply by virtue of section 125(1) (docks, etc.) of that Act; and

• (e) “colliery storage premises” means fuel storage premises which form part of premises which, for the purposes of the Mines and Quarries Act 1954, form part of a mine or quarry, other than premises where persons are regularly employed to work by a person other than the owner (as defined by that Act) of the mine or quarry;

and for the purposes of this Act premises occupied together with a shop or with a building or part of a building falling within sub-paragraph (ii), (iii) or (iv) of paragraph (a) above for the purposes of the trade or business carried on in the shop or, as the case may be, the building or part of a building, shall be treated as forming part of the shop or, as the case may be, of the building or part of the building, and premises occupied together with fuel storage premises for the purposes of the activities there carried on (not being office premises) shall be treated as forming part of the fuel storage premises, but for the purposes of this Act office premises comprised in fuel storage premises shall be deemed not to form part of the last-mentioned premises.

• (4) In this Act “railway premises” means a building occupied by railway undertakers for the purposes of the railway undertaking carried on by them and situate in the immediate vicinity of the permanent way or a part (so occupied) of a building so situate, but does not include—

• (a) office or shop premises;

• (b) premises used for the provision of living accommodation for persons employed in the undertaking, or hotels; or

• (c) premises wherein are carried on such processes or operations as are mentioned in section 123(1) (electrical stations) of the Factories Act 1961 and for such supply as is therein mentioned.

• (5) For the purposes of this Act premises maintained in conjunction with office, shop or railway premises for the purpose of the sale or supply for immediate consumption of food or drink wholly or mainly to persons employed to work in the premises in conjunction with which they are maintained shall, if they neither form part of those premises nor are required by the foregoing provisions of this section to be treated as forming part of them, be treated for the purposes of this Act as premises of the class within which fall the premises in conjunction with which they are maintained.

Exception for premises in which only employer's relatives or outworkers work

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• (1) This Act shall not apply to any premises to which it would, apart from this subsection, apply, if none of the persons employed to work in the premises is other than the husband, wife , civil partner, parent, grandparent, son, daughter, grandchild, brother or sister of the person by whom they are so employed.

• (2) A dwelling shall not, for the purposes of this Act, be taken to constitute or comprise premises to which this Act applies by reason only that a person dwelling there who is employed by a person who does not so dwell does there the work that he is employed to do in compliance with a term of his contract of service that he shall do it there.

Exception for premises where only 21 man-hours weekly normally worked

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• (1) This Act shall not apply to any premises to which it would, apart from this subsection, apply, if the period of time worked there during each week does not normally exceed twenty-one hours.

• (2) For the purposes of this section the period of time worked in any premises shall be deemed to be—

• (a) as regards a week in which one person only is employed to work in the premises, the period of time worked by him there;

• (b) as regards a week in which two persons or more are so employed, the sum of the periods of time for which respectively those persons work there.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health, Safety and Welfare of Employees (General Provisions)

Cleanliness

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• (1) All premises to which this Act applies, and all furniture, furnishings and fittings in such premises shall be kept in a clean state.

• (2) No dirt or refuse shall be allowed to accumulate in any part of premises to which this Act applies in which work, or through which pass, any of the persons employed to work in the premises; and the floors of, and any steps comprised in, any such part as aforesaid shall be cleaned not less than once a week by washing or, if it is effective and suitable, by sweeping or other method.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Subsection (2) of this section shall not be construed as being in derogation of the general obligation imposed by subsection (1) of this section.

• (5) Nothing in this section or in regulations thereunder shall apply to fuel storage premises which are wholly in the open, and, in the case of such premises which are partly in the open, so much of them as is in the open shall, for the purposes of this section and of such regulations, be treated as not forming part of the premises.

Overcrowding

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• (1) No room comprised in, or constituting, premises to which this Act applies shall, while work is going on therein, be so overcrowded as to cause risk of injury to the health of persons working therein; and in determining, for the purposes of this subsection, whether any such room is so overcrowded as aforesaid, regard shall be had (amongst other things) not only to the number of persons who may be expected to be working in the room at any time but also to the space in the room occupied by furniture, furnishings, fittings, machinery, plant, equipment, appliances and other things (whether similar to any of those aforesaid or not).

• (2) The number of persons habitually employed at a time to work in such a room as aforesaid shall not be such that the quotient derived by dividing by that number the number which expresses in square metres the area of the surface of the floor of the room is less than 3.7 or the quotient derived by dividing by the first-mentioned number the number which expresses in cubic metres the capacity of the room is less than 11.

• (3) Subsection (2) of this section—

• (a) shall not prejudice the general obligation imposed by subsection (1) thereof;

• (b) shall not apply to a room to which members of the public are invited to resort; and

• (c) shall not, in the case of a room comprised in, or constituting, premises of any class (being a room which at the passing of this Act is comprised in, or constitutes, premises to which this Act applies), have effect until the expiration of the period of three years beginning with the day on which the said subsection (1) comes into force as respects premises of that class.

Temperature

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• (1) Effective provision shall be made for securing and maintaining a reasonable temperature in every room comprised in, or constituting, premises to which this Act applies, being a room in which persons are employed to work otherwise than for short periods, but no method shall be used which results in the escape into the air of any such room of any fume of such a character and to such extent as to be likely to be injurious or offensive to persons working therein.

• (2) Where a substantial proportion of the work done in a room to which the foregoing subsection applies does not involve severe physical effort, a temperature of less than 16 degrees Celsius shall not be deemed, after the first hour, to be a reasonable temperature while work is going on.

• (3) The foregoing subsections shall not apply—

• (a) to a room which comprises, or is comprised in or constitutes, office premises, being a room to which members of the public are invited to resort, and in which the maintenance of a reasonable temperature is not reasonably practicable; or

• (b) to a room which comprises, or is comprised in or constitutes, shop or railway premises, being a room in which the maintenance of a reasonable temperature is not reasonably practicable or would cause deterioration of goods;

but there shall be provided for persons who are employed to work in a room to which, but for the foregoing provisions of this subsection, subsection (1) of this section would apply, conveniently accessible and effective means of enabling them to warm themselves.

• (4) In premises to which this Act applies there shall, on each floor on which there is a room to which subsection (1) of this section applies, be provided in a conspicuous place and in such a position as to be easily seen by the persons employed to work in the premises on that floor a thermometer of a kind suitable for enabling the temperature in any such room on that floor to be readily determined; and a thermometer provided in pursuance of this subsection shall be kept available for use by those persons for that purpose.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) It shall be the duty of the employer of persons for whom means of enabling them to warm themselves are provided in pursuance of subsection (3) of this section to afford them reasonable opportunities for using those means, and if he fails so to do he shall be guilty of an offence.

• (7) In this section “fume” includes gas or vapour.

Ventilation

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• (1) Effective and suitable provision shall be made for securing and maintaining, by the circulation of adequate supplies of fresh or artificially purified air, the ventilation of every room comprised in, or constituting, premises to which this Act applies, being a room in which persons are employed to work.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lighting

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• (1) Effective provision shall be made for securing and maintaining, in every part of premises to which this Act applies in which persons are working or passing, sufficient and suitable lighting, whether natural or artificial.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) All glazed windows and skylights used for the lighting of any part of premises to which this Act applies in which work, or through which pass, any of the persons employed to work in the premises shall, so far as reasonably practicable, be kept clean on both the inner and outer surfaces and free from obstruction; but this subsection shall not affect the white-washing or shading of windows or skylights for the purpose of mitigating heat or glare.

• (4) All apparatus installed at premises to which this Act applies for producing artificial lighting thereat in parts in which the securing of lighting is required by this section to be provided for shall be properly maintained.

Sanitary conveniences

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• (1) There shall, in the case of premises to which this Act applies, be provided, at places conveniently accessible to the persons employed to work in the premises, suitable and sufficient sanitary conveniences for their use.

• (2) Conveniences provided in pursuance of the foregoing subsection shall be kept clean and properly maintained and effective provision shall be made for lighting and ventilating them.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Subsection (1) of this section shall be deemed to be complied with in relation to any premises as regards any period during which there are in operation arrangements for enabling the persons employed to work in the premises to have the use of sanitary conveniences provided for the use of others, being conveniences whose provision would have constituted compliance with that subsection had they been provided in pursuance thereof for the first-mentioned persons and with respect to which the requirements of subsection (2) of this section are satisfied.

• (6) ... section 45 of the Public Health Act 1936 ... ... (which relates to the provision and repair of sanitary conveniences for factories, &c.) shall not apply to premises to which this Act applies.

Washing facilities

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• (1) There shall, in the case of premises to which this Act applies, be provided, at places conveniently accessible to the persons employed to work in the premises, suitable and sufficient washing facilities, including a supply of clean, running hot and cold or warm water and, in addition, soap and clean towels or other suitable means of cleaning or drying.

• (2) Every place where facilities are provided in pursuance of this section shall be provided with effective means of lighting it and be kept clean and in orderly condition, and all apparatus therein for the purpose of washing or drying shall be kept clean and be properly maintained.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Subsection (1) of this section shall be deemed to be complied with in relation to any premises as regards any period during which there are in operation arrangements for enabling the persons employed to work in the premises to have the use of washing facilities provided for the use of others, being facilities whose provision would have constituted compliance with that subsection had they been provided in pursuance thereof for the first-mentioned persons and which are provided at a place with respect to which the requirements of subsection (2) of this section are satisfied.

Supply of drinking water

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• (1) There shall, in the case of premises to which this Act applies, be provided and maintained, at suitable places conveniently accessible to the persons employed to work in the premises, an adequate supply of wholesome drinking water.

• (2) Where a supply of water provided at a place in pursuance of the foregoing subsection is not piped, it must be contained in suitable vessels and must be renewed at least daily; and all practicable steps must be taken to preserve it and the vessels in which it is contained from contamination.

• (3) Where water a supply of which is provided in pursuance of this section is delivered otherwise than in a jet from which persons can conveniently drink, there shall either—

• (a) be provided, and be renewed so often as occasion requires, a supply of drinking vessels of a kind designed to be discarded after use; or

• (b) be provided a sufficient number of drinking vessels of a kind other than as aforesaid, together with facilities for rinsing them in clean water.

• (4) Subsection (1) of this section shall be deemed to be complied with in relation to any premises as regards any period during which there are in operation arrangements for enabling the persons employed to work in the premises to avail themselves of a supply of drinking water provided and maintained for the use of others, being a supply whose provision and maintenance would have constituted compliance with that subsection had it been provided and maintained for the use of the first-mentioned persons, and—

• (a) where the supply provided is not piped, the requirements of subsection (2) of this section are satisfied as respects it and the vessels in which it is contained; and

• (b) where the water supplied is delivered as mentioned in subsection (3) of this section, the requirements of that subsection are satisfied.

Accommodation for clothing

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• (1) There shall, in the case of premises to which this Act applies,—

• (a) be made, at suitable places, suitable and sufficient provision for enabling such of the clothing of the persons employed to work in the premises as is not worn by them during working hours to be hung up or otherwise accommodated; and

• (b) be made, for drying that clothing, such arrangements as are reasonably practicable or, if a standard of arrangements for drying that clothing is prescribed, such arrangements as conform to that standard.

• (2) Where persons are employed to do such work in premises to which this Act applies as necessitates the wearing of special clothing, and they do not take that clothing home, there shall, in the case of those premises,—

• (a) be made, at suitable places, suitable and sufficient provision for enabling that clothing to be hung up or otherwise accommodated; and

• (b) be made, for drying that clothing, such arrangements as are reasonably practicable or, if a standard of arrangements for drying that clothing is prescribed, such arrangements as conform to that standard.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sitting facilities

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• (1) Where persons who are employed to work in office, shop or railway premises have, in the course of their work, reasonable opportunities for sitting without detriment to it, there shall be provided for their use, at suitable places conveniently accessible to them, suitable facilities for sitting sufficient to enable them to take advantage of those opportunities.

• (2) Where persons are employed to work in a room which comprises, or is comprised in or constitutes, shop premises, being a room whereto customers are invited to resort, and have in the course of their work, reasonable opportunities for sitting without detriment to it, facilities provided for their use in pursuance of subsection (1) of this section shall be deemed not to be sufficient if the number of seats provided and the number of the persons employed are in less ratio than 1 to 3.

• (3) It shall be the duty of the employer of persons for whose use facilities are provided in pursuance of the foregoing provisions of this section to permit them to use them whenever the use thereof does not interfere with their work, and if he fails so to do he shall be guilty of an offence.

Seats for sedentary work

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• (1) Without prejudice to the general obligation imposed by the last foregoing section, where any work done in any premises to which this Act applies is of such a kind that it (or a substantial part of it) can, or must, be done sitting, there shall be provided for each person employed to do it there a seat of a design, construction and dimenstions suitable for him and it, together with a foot-rest on which he can readily and comfortably support his feet if he cannot do so without one.

• (2) A seat provided in pursuance of the foregoing subsection, and a foot-rest so provided that does not form part of a seat, must be adequately and properly supported while in use for the purpose for which it is provided.

• (3) For the purpose of subsection (1) of this section, the dimensions of an adjustable seat shall be taken to be its dimensions as for the time being adjusted.

Eating facilities

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Where persons employed to work in shop premises eat meals there, suitable and sufficient facilities for eating them shall be provided.]

Floors, passages and stairs

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• (1) All floors, stairs, steps, passages and gangways comprised in premises to which this Act applies shall be of sound construction and properly maintained and shall, so far as is reasonably practicable, be kept free from obstruction and from any substance likely to cause persons to slip.

• (2) For every staircase comprised in such premises as aforesaid, a substantial hand-rail or hand-hold 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 or hand-hold shall be provided and maintained on both sides.

• (3) Any open side of a staircase to which the last foregoing subsection applies, shall also be guarded by the provision and maintenance of efficient means of preventing any person from accidentally falling through the space between the hand-rail or hand-hold and the steps of the staircase.

• (4) All openings in floors comprised in premises to which this Act applies shall be securely fenced, except in so far as the nature of the work renders such fencing impracticable.

• (5) The foregoing provisions of this section shall not apply to any such part of any fuel storage premises as is in the open, but in relation to any such part the following provisions shall have effect, namely,—

• (a) the surface of the ground shall be kept in good repair;

• (b) all steps and platforms shall be of sound construction and properly maintained;

• (c) all openings in platforms shall be securely fenced, except in so far as the nature of the work renders such fencing impracticable.

Fencing of exposed parts of machinery

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Avoidance of exposure of young persons to danger in cleaning machinery

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Training and supervision of persons working at dangerous machines

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Regulations for securing health and safety

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• (1) The Minister may, as respects premises to which this Act applies or any class of such premises, make special regulations for protecting persons, or persons of any class, working in such premises or, as the case may be, in such premises of the class to which the regulations apply, against risks of bodily Injury or injury to health arising out of the use of any machinery, plant, equipment, appliance or substance, the carrying on of any operation or the use of any process.

• (2) Regulations under this section may make any such provision for the purpose aforesaid as appears to the Minister to meet the necessity of the case so far as is reasonably practicable, and may impose obligations, restrictions and prohibitions on those who employ persons to work as aforesaid, on persons employed so to work, and on others.

• (3) Without prejudice to the generality of the last foregoing subsection, regulations under this section may provide for—

• (a) regulating or prohibiting the use of any machinery, plant, equipment, appliance or substance, the carrying on of any operation or the use of any process;

• (b) imposing requirements with respect to the construction, installation, examination, repair, maintenance, alteration, adjustment and testing of machinery, plant, equipment or appliances and the safeguarding of dangerous parts thereof;

• (c) prohibiting the sale or letting on hire for use in premises in Great Britain to which this Act applies (or, where the regulations relate to a class of such premises, for use in such premises of that class) of any machinery, plant, equipment or appliance which does not comply with requirements of the regulations;

• (d) any incidental, supplementary or consequential matters for which it appears to the Minister requisite or expedient to provide for the purposes of the regulations.

• (4) A person who contravenes a provision of regulations under this section (other than a provision having effect by virtue of paragraph (c) of the last foregoing subsection) shall be guilty of an offence.

• (5) A person who contravenes a provision of regulations having effect by virtue of paragraph (c) of subsection (3) of this section or, as agent of the seller or hirer, causes or procures any machinery, plant, equipment or appliance to be sold or let on hire in contravention of any such provision, shall be guilty of an offence and liable to a fine not exceeding two hundred pounds.

• (6) An offence under the last foregoing subsection shall, where necessary for conferring jurisdiction on a court to entertain proceedings for the offence, be deemed to have been committed in the place where the machinery, plant, equipment or appliance in question is for the time being.

• (7) Proceedings for an offence under subsection (5) of this section may be commenced at any time within twelve months from the time when the offence was committed.

• (8) Where a contravention of a provision of regulations under this section consists in a failure to do anything at or within a time specified in the regulations, and the regulations provide that this subsection shall apply to a failure so to do it, the contravention shall be deemed to continue until that thing is done.

• (9) A requirement imposed by virtue of subsection (3)(b) of this section with respect to the safeguarding of dangerous parts of machinery may be expressed to take effect in addition to, or in lieu of, a requirement imposed by section 17 of this Act.

• (10) So far as regards machinery, plant, equipment or appliances, nothing in this section shall be construed as restricting the exercise of the powers thereby conferred to the making of provision with respect to machinery, plant, equipment or appliances wholly situate in premises to which this Act applies.

Regulations for controlling noise and vibrations

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• (1) The Minister may make special regulations for protecting persons employed to work in premises to which this Act applies, or any class of such premises, from risks of bodily injury or injury to health arising from noise or vibrations and for preventing the welfare of persons so employed from being adversely affected by noise or vibrations.

• (2) Regulations under this section may make any such provision for the purpose aforesaid as appears to the Minister to meet the necessity of the case so far as is reasonably practicable, and may impose obligations, restrictions and prohibitions on those who employ persons to work as aforesaid, on persons employed so to work, and on others.

• (3) A person who contravenes a provision of regulations under this section shall be guilty of an offence.

Power of magistrates' courts and sheriffs to make orders for putting down dangerous-conditions and practices

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• (1) Where, in the case of premises to which this Act applies, an appropriate court is satisfied, on a complaint (or, in Scotland, a summary application) made by or on behalf of an authority or person having power to enforce with respect to the premises any of the foregoing provisions of this Act—

• (a) that any part of the premises is in such a condition or is so constructed that it cannot be used without risk of bodily injury or injury to health; or

• (b) that any machinery, plant, equipment or appliance used in the premises is in such a condition, is so constructed or is so placed that it cannot be used without such risk; or

• (c) that an operation carried on in the premises, or a process used therein, is so carried on or used in such a manner as to cause such risk;

the following provisions shall have effect:—

• (i) if the case falls within paragraph (a) of this subsection, the court may by order prohibit the use of the part in question absolutely, unless it is satisfied that it can be so repaired or altered as to permit of its being used without such risk as aforesaid, in which case it may prohibit its use until it has been so repaired or altered;

• (ii) if the case falls within paragraph (b) of this subsection, the court may by order prohibit the use of the machinery, plant, equipment or appliance in question absolutely, unless it is satisfied that it can be so repaired, altered or moved as to permit of its being used as aforesaid, in which case it may prohibit its use until it has been so repaired, altered or moved ;

• (iii) if the case falls within paragraph (c) of this subsection, the court may by order prohibit the carrying on or use of the operation or process in question absolutely, unless it is satisfied that there can be taken such steps as will enable it to be carried on or used otherwise than in such a manner as to cause such risk as aforesaid, in which case it may, as the circumstances require, prohibit the carrying on or use of it until such steps as aforesaid have been taken or prohibit the carrying on or use of it unless such steps as aforesaid are taken in the course of the carrying on or use of it.

• (2) Where a complaint or summary application is, or has been, made under the foregoing subsection, the court—

• (a) if satisfied on evidence tendered upon an application made by or on behalf of the authority or person by whom or on whose behalf the complaint or summary application is, or was, made, that the use of the part of the premises or the thing, or, as the case may be, the carrying on or use of the operation or process, that is the subject of the complaint or summary application involves imminent risk of bodily injury or injury to health; and

• (b) if satisfied also that three clear days' notice of intention to make an application under this subsection (stating the time at which it would be made) has been given to the occupier of the premises;

and after affording to the occupier (if he appears) an opportunity to be heard, may make an interim order prohibiting, either absolutely or subject to conditions, the use of the part or thing or, as the case may be, the carrying on or use of the operation or process until the earliest opportunity for hearing and determining the complaint or summary application.

• (3) In this section " appropriate court" means, as regards premises in England or Wales, a magistrates' court acting for the petty sessions area in which the premises are situate and, as regards premises in Scotland, the sheriff within whose jurisdiction the premises are situate; and, in exercising its powers under the last foregoing subsection, a magistrates' court may be composed of a single justice.

Prohibition of heavy work

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First aid: general provisions

24

First aid: premises inside, but for purposes of Factories Act 1961 not forming part of, factory

25

• (1) The Minister may by special regulations provide that premises to which this Act applies which are not, for the purposes of the Factories Act 1961, a factory but which, but for the operation of section 175(6) of that Act, would, for the purposes of that Act, form part of a factory, or such premises as aforesaid of a class specified in the regulations.—

• (a) shall be excepted from the operation of the last fore going section; and

• (b) shall, notwithstanding the said subsection (6), be deemed for the purposes of section 61 (first aid) of that Act to form part of the factory of which, but for that subsection, they would, for the purposes of that Act, form part.

• (2) Regulations under this section may provide that, for the purposes of the application to a factory of subsection (4) of the said section 61 (which, amongst other things, requires that the person under whose charge is placed a first-aid box or cupboard provided in a factory in pursuance of that section must, where more than fifty or other a lower prescribed number of persons are employed, be trained in first-aid treatment), persons employed to work in premises which, by virtue of the regulations, are deemed, for the purposes of that section, to form part of the factory shall (according as may be specified in the regulations) be left out of account or be taken into account to a number (ascertained in accordance with the regulations) less than the full number thereof.

First aid: office premises erected for purposes of building operations, &c

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• (1) This section applies to office premises to which this Act applies, being premises erected—

• (a) at, or adjacent to, a place where there are carried on operations to which section 127(1) (building operations and works of engineering construction), of the Factories Act 1961 applies or works to which that section applies; and

• (b) for the purpose of, or in connection with, the operations or works.

• (2) The Minister may by special regulations provide that premises to which this section applies, or such premises as aforesaid of a class specified in the regulations.—

• (a) shall be excepted from the operation of section 24 of this Act; and

• (b) shall be deemed, for the purposes of any regulation as to first aid made by virtue of section 127(2) of the said Act of 1961 which is applicable to the place where there are carried on the operations or works for the purpose of which, or in connection with which, the premises were erected, to form part of that place.

Penalization of dangerous acts and interference with equipment, &c

27

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fire Precautions

Provision of means of escape in case of fire

28

• (1) All premises to which this Act applies shall be provided with such means of escape in case of fire for the persons employed to work therein as may reasonably be required in the circumstances of the case.

• (2) In determining, for the purposes of this section, what means of escape may reasonably be required in the case of any premises, regard shall be had (amongst other things) not only to the number of persons who may be expected to be working in the premises at any time but also to the number of persons (other than those employed to work therein) who may reasonably be expected to be resorting to the premises at that time.

Certification of premises by appropriate authority

29

• (1) Subject to the provisions of subsection (8) of this section and of regulations made under subsection (9) thereof and to the following provisions of this Act, it shall not be lawful—

• (a) for more than twenty persons to be employed to work at any one time in any premises to which this Act applies;

• (b) for more than ten persons to be so employed elsewhere than on the ground floor of any such premises; or

• (c) for any person to be employed to work in any such premises in or underneath which explosive or highly flammable materials of a kind prescribed by regulations made by the Minister are used or are stored in a quantity not less than such as may be so prescribed;

unless there is in force with respect to the premises a certificate (hereafter in this Act referred to as a " fire certificate ") issued under the following provisions of this section by the appropriate authority (as hereafter in this Act defined) that the premises are provided with such means of escape in case of fire for the persons employed to work therein, or proposed to be so employed, as may reasonably be required in the circumstances of the case, nor, where a building contains two sets or more of premises to which this Act applies, shall the employment of a person to work in either (or any) of them be lawful without a fire certificate's being in force with respect to the set in which he is so employed if—

• (i) the aggregate of persons employed to work at any one time in both (or all) of the sets of premises exceeds twenty; or

• (ii) more than ten persons are employed at any one time to work in one of them elsewhere than on the ground floor of the building, or, of the aggregate of the persons employed to work at any one time in both (or all) of them, more than ten are employed to work at that time elsewhere than as aforesaid.

• (2) An application for the issue of a fire certificate with respect to any premises must be made to the appropriate authority in such form as may be prescribed by order made by the Minister and state the greatest number of persons employed to work at any one time in the premises or proposed to be so employed and such other (if any) particulars as may be so prescribed, and, if regulations made by the Minister so require, must be accompanied by such plans of the premises as may be specified in the regulations.

• (3) Where such an application is duly made with respect to any premises, and (if that is required by virtue of the last foregoing subsection) is accompanied by the specified plans, it shall be the duty of the appropriate authority to cause an inspection to be carried out of the premises and the means of escape therefrom in case of fire for the persons employed to work therein, or proposed to be so employed, with which the premises are provided and, if satisfied that the means with which the premises are provided are such as may reasonably be required in the circumstances of the case, to issue a certificate to that effect.

• (4) Where the appropriate authority, after causing, in pursuance of the last foregoing subsection, an inspection to be carried out of any premises, inform the applicant that they will not issue a fire certificate with respect to the premises unless specified alterations are made thereto, they shall specify the time within which the alterations are to be carried out and, if the certificate is not issued, 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) A fire certificate issued with respect to any premises shall—

• (a) specify the greatest number of persons who, in the opinion of the appropriate authority, can safely be employed to work at any one time in the premises;

• (b) specify precisely and in detail the means of escape provided and state which of them are to be treated as relevant for the purposes of the following provisions of this Act relating to the marking of exits affording or giving access to means of escape ;

• (c) if the appropriate authority be of opinion that there inhere in the premises special risks of the outbreak or spread of fire, state that the authority are of that opinion and specify those risks;

and shall be sent to the occupier of the premises.

• (6) A fire certificate issued with respect to any premises shall be kept there so long as it is in force.

• (7) If any persons are employed to work in any premises in contravention of subsection (1) of this section, the occupier of the premises shall be guilty of an offence and liable to a fine not exceeding two hundred pounds or, on a second or subsequent conviction, not exceeding five hundred pounds.

• (8) Subsection (1) of this section shall not render unlawful the employment of persons to work in any premises during the period beginning with the day on which an application (accompanied, if that is required by virtue of subsection (2) of this section, by the specified plans of the premises) for the issue of a fire certificate with respect to the premises is duly made to the appropriate authority and ending with the day on which, as the case may be, a fire certificate is issued pursuant to that application or the issue of a fire certificate pursuant thereto is refused.

• (9) The Minister may by special regulations so modify subsection (1) of this section that it renders unlawful the employment of persons to work in premises of a class specified in the regulations whose employment to work there would not otherwise be unlawful by virtue of that subsection or so modify that subsection that it ceases to render unlawful the employment of persons to work in premises of a class so specified whose employment to work there would otherwise be unlawful by virtue of that subsection.

• (10) Where, after the coming into operation of building standards regulations within the meaning of the Building (Scotland) Act 1959, the appropriate authority are satisfied that premises in Scotland to which the said regulations apply comply with those regulations with respect to the structural requirements of the means of escape from fire, they shall not for the purposes of this or the next following section specify any alterations in respect of those premises to a standard higher than that of the said requirements.

• (11) Subsection (2) of the last foregoing section shall have effect for the purposes of this section as it has effect for the purposes of that.

Maintenance of means of escape in case of fire, and inspection by appropriate authority

30

• (1) All means of escape specified in a fire certificate shall be properly maintained and kept free from obstruction.

• (2) So long as a fire certificate is in force with respect to any premises, the appropriate authority may at any time cause the premises to be inspected 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, while a fire certificate is in force with respect to any premises, it is proposed to make a material extension to, or material structural alteration of, the premises, to increase the number of persons employed to work therein at any one time above that stated in the certificate, to begin to use therein materials of a kind prescribed by virtue of section 29(1)(c) of this Act or to begin to store therein such materials in a quantity not less than that so prescribed, the occupier shall, before effect is begun to be given to the proposals, give to the appropriate authority notice of the proposals.

• (4) If—

• (a) the appropriate authority are satisfied, with respect to any premises with respect to which a fire certificate is in force (whether as a result of an inspection caused by them to be carried out under subsection (2) of this section or otherwise), that the existing means of escape from the premises in case of fire have, in consequence of a change of conditions, become insufficient; or

• (b) the appropriate authority are satisfied, with respect to any premises with respect to which a notice under the last foregoing subsection has been given to them, that the giving of effect to the proposals notified will result in the means of escape from the premises in case of fire becoming insufficient;

they may, in a case falling within paragraph (a) above, by notice served on the occupier of the premises, require him to make to the premises, within such period as may be specified in the notice, such alterations as may be so specified, or, in a case falling within paragraph (b) above, by notice so served prohibit effect's being given to the proposals till the occupier shall have made to the premises such alterations as may be so specified, and, in either case, they shall, upon the alterations' being made, amend the certificate or issue a new one.

• (5) In the event of a contravention of a requirement or prohibition imposed by a notice served under the last foregoing subsection with respect to any premises, the occupier of the premises shall be guilty of an offence, and upon his conviction thereof the appropriate authority shall cancel the fire certificate issued with respect to the premises ; and the appropriate authority may cancel the fire certificate issued with respect to any premises if they are satisfied that there has been such a contravention as aforesaid with respect to the premises (whether or not proceedings are brought in respect of the contravention).

• (6) Where the appropriate authority are satisfied, with respect to any premises with respect to which a notice under subsection (3) of this section has been given to them, that the giving of effect to the proposals notified will not result in the means of escape from the premises in case of fire becoming insufficient, they shall, upon production of the fire certificate in force with respect to the premises, cause to be written on the certificate a statement that they are so satisfied.

Right of appeal against matters arising out of sections 29 and 30

31

• (1) A person who is aggrieved—

• (a) by the refusal of the appropriate authority to issue a fire certificate with respect to any premises;

• (b) by the refusal of the appropriate authority to amend a fire certificate issued with respect to any premises;

• (c) by being required under the last foregoing section by the appropriate authority to make any alterations to any premises or by the period within which he is so required to make any such alterations;

• (d) by the prohibition under the last foregoing section by the appropriate authority of effect's being given to proposals till alterations shall have been made to any premises; or

• (e) by the cancellation, in pursuance of subsection (5) of the last foregoing section, of a fire certificate issued with respect to any premises;

may, within twenty-one days of the refusal, notice of requirement or prohibition or cancellation, appeal, if the premises are situate in England or Wales, to a magistrates' court acting for the petty sessions area in which they are situate or, if they are situate in Scotland, to the sheriff within whose jurisdiction they are situate, and on any such appeal the court may make such order as it, or, as the case may be, the sheriff may make such order as he, thinks fit, and an order so made, shall be binding on the appropriate authority.

• (2) Where an appeal is brought under this section against the refusal of the appropriate authority to issue a fire certificate with respect to any premises or the cancellation in pursuance of subsection (5) of the last foregoing section of a fire certificate issued with respect to any premises, section 29(1) of this Act shall not render unlawful the employment of persons to work in the premises until the appeal is finally determined.

Power of magistrates' courts and sheriffs to make orders for putting down dangerous conditions in regard to means of escape in case of fire

32

If the appropriate authority are satisfied that the conditions in regard to escape in the case of fire in the case of any premises to which this Act applies are so dangerous that, until steps have been taken to remedy the danger, persons ought not (according to the circumstances of the case)—

• (a) to be employed to work in the premises or in a particular part thereof, or

• (b) to be employed to work in connection with the carrying on in the premises or in a particular part thereof of some particular process, or

• (c) to be employed to do in the premises or in a particular part thereof some particular work ;

the authority may, if the premises are situate in England or Wales, make a complaint to a magistrates' court acting for the petty sessions area in which the premises are situate or, if they are situate in Scotland, make a summary application to the sheriff within whose jurisdiction they are situate, and the court or, as the case may be, the sheriff, on being similarly satisfied, may by order prohibit, to the extent appropriate in the said circumstances, the employment of persons to work in the premises until such steps shall have been taken as, in the opinion of the court or, as the case may be, the sheriff, are necessary to remedy the danger.

Safety provisions in case of fire

33

• (1) While a person employed to work in premises to which this Act applies is in the premises for the purpose of doing his work or eating a meal, the doors of any doorways through which he might have to pass so as to get out of the premises shall not be so locked or fastened that they cannot be immediately opened by him on his way out.

• (2) The contents of any room in premises to which this Act applies, being a room wherein work is done by any of the persons employed to work in the premises, shall be so arranged or disposed as to afford, to the persons who work in the room, free passage-way to a means of escape in case of fire.

• (3) So long as a fire certificate with respect to any premises is in force, all exits affording, or giving access to, means of escape stated in the certificate to be relevant as mentioned in section 29(5)(b) of this Act (other than exits in ordinary use) shall be distinctively and conspicuously marked by notices printed in letters of adequate size.

Fire alarms

34

• (1) All premises to which this section applies shall be provided with effective means, capable of being operated without exposing any person to undue risk, of giving warning in case of fire.

• (2) All means of giving warning in case of fire with which any premises are provided in pursuance of this section shall be tested or examined at least once in every period of three months and whenever so required by the appropriate authority.

• (3) The Minister may by regulations prescribe the nature of the test or examination to be carried out in pursuance of the last foregoing subsection.

• (4) This section applies to any premises with respect to which a fire certificate is in force and any premises in the case of which persons are for the time being employed to work therein, being persons whose employment so to work would, apart from section 29(8) or 31(2) of this Act, be unlawful by virtue of section 29(1) thereof.

Power of Minister to make regulations with respect to means of escape in case of fire

35

• (1) The Minister may make, as respects premises to which this Act applies, or any specified class of such premises, regulations as to the means of escape in case of fire to be provided therein, but nothing in regulations under this subsection shall be construed as being in derogation of the general obligation imposed by section 28 of this Act.

• (2) If any premises with respect to which a fire certificate is in force are not in conformity with regulations under this section applicable to the premises, the appropriate authority shall serve on the occupier of the premises notice requiring him to make to the premises, within such period as may be specified in the notice, such alterations as they consider necessary to bring the premises into conformity with the regulations, and, upon the alterations' being made, they shall amend the certificate or issue a new one.

Sections 50(5) and 31 of this Act shall have effect in a case in which a notice is issued under this subsection with respect to any premises as they have effect in a case in which a notice is issued under section 30(4) of this Act requiring alterations to be made to premises.

Employees to be made familiar with means of escape in case of fire

36

• (1) Effective steps shall be taken to ensure that all persons employed to work in any such premises as are mentioned in section 34(4) of this Act are familiar with the means of escape from the premises in case of fire and their use and with the routine to be followed in case of fire.

• (2) The Minister may make regulations as to the steps to be taken for the purposes of the foregoing subsection in premises to which that subsection applies or in any class of such premises.

Fire prevention

37

• (1) The Minister may make, as respects premises to which this Act applies, or any specified class of such premises, special regulations as to the measures to be taken to reduce the risk of the outbreak of fire therein or of the spread of any fire that breaks out therein or the smoke therefrom.

• (2) Regulations under the foregoing subsection may, amongst other things, prescribe requirements as to the internal construction of premises to which the regulations apply, and the materials used in that construction, and provide, as regards any of the provisions of the regulations, that some other person or persons shall be responsible for a contravention thereof instead of, or as well as, the occupier.

Provision of fire-fighting equipment

38

• (1) In all premises to which this Act applies 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 Minister may, as respects any class of premises to which this Act applies, make special regulations prescribing means for fighting fire, and any such regulations may provide for the testing or examination of the means so specified and provide, as regards any of the provisions of the regulations, that some other person or persons shall be responsible for a contravention thereof instead of, or as well as, the occupier.

• (3) Any requirement imposed by regulations under the last foregoing subsection may, so far as regards premises of the class to which the regulations apply, be imposed either in substitution for, or without prejudice to, the general requirements of subsection (1) of this section.

Appropriate authority for purposes of sections 28 to 38

39

• (1) Subject to subsection (2) of this section, for the purposes of sections 28 to 38 of this Act the appropriate authority shall, as respects any premises, be the authority discharging in the area in which the premises are situate the functions of fire authority under the Fire Services Act 1947, except that.—

• (a) for the purposes of the application of section 34 to premises with respect to which the enforcement of provisions of this Act is provided for by section 52(4) of this Act, it shall be a factory inspector or a person authorised under section 52(3) of this Act by the Minister; and

• (b) for the purposes of the application of section 34 to premises with respect to which the enforcement of provisions of this Act is provided for by section 52(6) of this Act, it shall be a mine and quarry inspector or a person authorised under that subsection by the Minister of Power.

• (2) In the case of premises with respect to which the enforcement of provisions of this Act by factory inspectors and such persons (other than factory inspectors) as the Minister may authorise in that behalf is provided for by section 52(3) of this Act.—

• (a) for the purposes of the provisions of sections 28 to 38 of this Act (except sections 29(2) and (8) and 30(3)) the appropriate authority shall be a factory inspector or a person authorised under the said section 52 (3) by the Minister;

• (b) for the purposes of the said excepted provisions, the appropriate authority shall be the factory inspector in charge of the district in which the premises are situate (and accordingly, section 30(4)(b) and (6) of this Act shall, in the case of such premises, have effect with the substitution, for the word " them " , of the words " the factory inspector in charge of the district in which the premises are situate ").

Exclusion of application of sections 28 to 38 to certain fuel storage premises and modification thereof in relation to others

40

Nothing in sections 28 to 38 of this Act or in regulations under any of those sections shall apply to fuel storage premises which are wholly in the open, and, in the case of such premises which are partly in the open, so much of them as is in the open shall, for the purposes of those sections and of such regulations, be treated as not forming part of the premises.

Duty of appropriate authority, if not concerned with construction of buildings, to consult authority so concerned before requiring alterations to be made

41

• (1) Before the appropriate authority—

• (a) inform the applicant for the issue of a fire certificate with respect to any premises situate elsewhere in England and Wales than in the administrative county of London that they will not issue the certificate unless specified alterations are made to the premises; or

• (b) serve, under section 30(4) or 35(2) of this Act, a notice on the occupier of any premises so situate;

they shall, if not themselves the local authority (within the meaning of the Public Health Act 1936) for the area in which the premises are situate, consult that authority.

• (2) Before the appropriate authority—

• (a) inform the applicant for the issue of a fire certificate with respect to any premises situate in Scotland that they will not issue the certificate unless specified alterations are made to the premises; or

• (b) serve, under section 30(4) or 35(2) of this Act, a notice on the occupier of any premises so situate;

they shall, if not themselves the local authority (within the meaning of the Building (Scotland) Act 1959) for the area in which the premises are situate, consult that authority.

• (3) Before the appropriate authority—

• (a) inform the applicant for the issue of a fire certificate with respect to any premises situate in the administrative county of London that they will not issue the certificate unless specified alterations are made to the premises; or

• (b) serve, under section 30(4) or 35(2) of this Act, a notice on the occupier of any premises so situate;

they shall, if not themselves the London County Council, consult that Council.

Special Provisions with respect to Buildings whereof Parts are Office, &c., Premises and with respect to certain contiguous Fuel Storage Premises

Provisions with respect to buildings in single ownership

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions with respect to buildings plurally owned

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions with respect to contiguous fuel storage premises in single ownership

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemptions

Power of the Minister to grant exemptions from certain requirements of Act

45

Power of authorities who enforce Act to grant exemptions from certain requirements thereof

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prohibition of Levying of Charges on Employees for Things done in Compliance with Act

Prohibition of levying of charges on employees for things done in compliance with Act

47

Notification of Accidents

Notification of accidents

48

Information

Notification of fact of employment of persons

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information for employees

50

Power to adapt Act in relation to covered Markets

Power to adapt Act in relation to covered markets

51

Enforcement

Authorities who are to enforce Act

52

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of local authorities' and Minister's inspectors

53

Powers of Minister of Power's inspectors

54

Production by local authorities' and Minister's inspectors of evidence of authority

55

Exercise, on behalf of factory and mine and quarry inspectors, of their powers by officers of fire brigades

56

• (1) The like powers as are conferred by section 53 of this Act on a factory inspector shall be exercisable, in relation to any premises, by an officer of the appropriate fire brigade when authorised in writing by such an inspector for the purpose of reporting to the inspector on any such matter falling within the inspector's duties under this Act with respect to the premises as relates to fire; and subsection (2) of that section shall, with requisite modifications, apply accordingly.

• (2) The like powers as are conferred by section 54(2) of this Act on a person authorised under section 52(6) thereof shall be exercisable, in relation to any premises, by such an officer as aforesaid when authorised in writing by a mine and quarry inspector or the purpose of reporting to the inspector on any such matter falling within the inspector's duties under this Act with respect to the premises as relates to fire; and section 145 (2) of the Mines and Quarries Act 1954 shall, with requisite modifications, apply accordingly.

• (3) An officer exercising any power conferred by this section shall, if asked so to do, produce his authority.

• (4) Neither a factory inspector nor a mine and quarry inspector shall authorise an officer of a fire brigade to enter and inspect any premises except with the consent of the authority maintaining the brigade.

• (5) In this section " appropriate fire brigade " means, in relation to any premises, the fire brigade maintained by the authority discharging in the area in which the premises are situate the functions of fire authority under the Fire Services Act 1947.

Provisions for securing discharge of local authorities' duties in uniform manner

57

• (1) For the purpose of securing that the duties under this Act of local authorities and the London County Council with respect to the enforcement of the foregoing provisions of this Act and regulations thereunder (except sections 28 to 38) and regulations under any of them) are discharged in uniform manner, the Minister—

• (a) may make regulations with respect to the manner of the discharge of those duties and of the exercise of the powers conferred by this Act on inspectors appointed by local authorities and the London County Council respectively ;

• (b) may, with the approval of the Treasury as to numbers and salaries, appoint officers to be charged with the duty of securing that he is at all material times in possession of all information requisite to enable him to determine whether those duties are being so discharged and of advising local authorities and the London County Council on matters concerning the discharge by them of those duties.

• (2) An officer appointed under this section may inquire into the manner in which the duties aforesaid are for the time being discharged by a local authority or the London County Council and, for that purpose, may—

• (a) examine any records kept in connection with the discharge of those duties by the authority or Council;

• (b) require the authority or Council or an inspector appointed by them in pursuance of this Act to give such assistance and information as the officer may reasonably specify; and

• (c) make inquiries of any person who appears to the officer likely to be able to give him information with respect to the manner in which the duties aforesaid are for the time being discharged by the authority or Council.

• (3) The results of an inquiry under the last foregoing subsection shall, if the Minister so directs, be reported to him in writing by the officer by whom it was carried out; and where that is done, the Minister shall send a copy of the report to the local authority in question (or to the London County Council, in a case where the subject of the inquiry was the manner in which their duties were for the time being discharged) and may, if he thinks fit, publish it in whole or in part.

• (4) The like powers as, by section 53 of this Act, are conferred on an inspector within the meaning of that section shall be exercisable by an officer appointed under this section ; and subsection (2) of that section shall, with requisite modifications, apply accordingly.

• (5) An officer appointed under this section shall, if so required when visiting any premises in exercise of powers conferred by the foregoing subsections, produce to the occupier of the premises some duly authenticated document showing that he is so appointed.

Power of local authorities to indemnify their inspectors

58

Where an action has been brought against an inspector appointed under section 52(1) or (5) of this Act in respect of an act done by him in the execution or purported execution of this Act and the circumstances are such that he is not legally entitled to require the authority by whom he was appointed to indemnify him, the authority may, nevertheless, indemnify him against the whole or part of any damages and costs or expenses which he may have been ordered to pay or may have incurred, if they are satisfied that he honestly believed that the act complained of had been within the scope of his employment and that his duty under this Act required or entitled him to do it.

Restriction of disclosure of information

59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual reports to Minister by local and fire authorities

60

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of powers and duties of English or Welsh local authorities in default

61

• (1) Sections 322 to 325 (transfer of powers and duties of authorities in default) of the Public Health Act 1936 shall, subject to the modifications mentioned in the next following subsection, be deemed to be incorporated in this Act.

• (2) The modifications referred to in the foregoing subsection are the following:—

• (a) references to the Minister shall be construed as referring to the Minister of Labour;

• (b) for the words " council, port health authority or joint board " (wherever occurring) and the words " council, authority or board " (wherever occurring) there shall be substituted the words " local authority ";

• (c) in section 322(3)(i), for the words from " the council of a county district" to " one county " (where secondly occurring) there shall be substituted the words " a local authority other than the council of a county borough ";

• (d) in section 323, for the words " the council of a county district, a port health authority or a joint board ", there shall be substituted the words " a local authority ",

and in paragraph (a) of that section for the word " grant" there shall be substituted the word " contribution ";

• (e) in section 324(2) the words "port health authority or joint' board" and the words "or board" shall be omitted.

• (3) Subsections (2) to (5) of section 290 of the Local Government Act 1933 (which provides for the holding of inquiries for the purposes of that Act) shall, with the substitution, for references to a department, of references to the Minister, apply to an inquiry held under the said section 322 by virtue of subsection (1) of this section as they apply to an inquiry held under the said section 290.

• (4) This section extends to England and Wales only.

Exercise and performance by Minister of powers and duties of Scottish local authorities in default

62

• (1) If the Minister is of opinion that an investigation should be made as to whether a local authority have failed to discharge any of their functions under this Act, he may cause a local inquiry to be held, and if, after the inquiry has been held, he is satisfied that there has been such a failure on the part of the local authority, he may by order empower an officer of his department to discharge or procure the discharge of any such function.

• (2) The amount (as certified by the Minister) of any expenses incurred in pursuance of the foregoing subsection shall, on demand, be paid to him by the local authority and shall be recoverable by him from them as a debt due to the Crown, and the authority shall have the like power of raising the money required as they have of raising money for defraying expenses incurred directly by them as a local authority.

• (3) In relation to a local inquiry held under subsection (1) above, the provisions of subsections (3) to (9) of section 355 of the Local Government (Scotland) Act 1947 (which relate to local inquiries) shall apply as they apply in relation to local inquiries under that section.

• (4) Nothing in this section shall affect any other power exercisable by the Minister with respect to defaults of local authorities.

• (5) This section extends to Scotland only.

Offences, Penalties and legal Proceedings

Offences

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalty for offences for which no express penalty is provided

64

Offences by bodies corporate

65

• (1) Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

• (2) In the foregoing subsection, the expression " director ", in relation to any body corporate which is established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking and whose affairs are managed by the members thereof, means a member of that body.

Penalty on persons actually committing offences for which others are liable

66

Where a contravention of a provision of this Act or of regulations thereunder for which a person is, by virtue of the foregoing provisions of this Act, liable on conviction to a penalty was due to an act or default of another person, then, whether proceedings are or are not taken against the first-mentioned person, that other person may be charged with, and convicted of, the offence constituted by the contravention and shall, on conviction, be liable to the same punishment as that to which the first-mentioned person is, on conviction, liable.

Defence available to persons charged with offences

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Falsification of documents, false statements, &c

68

Removal or defacement of documents posted in pursuance of Act or regulations under it

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prosecution of offences

70

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local authorities' inspectors in Scotland to have power to institute proceedings in certain cases

71

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal from orders made on complaint

72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of county court and sheriff to modify agreements and apportion expenses

73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments of other Acts

Amendment of sections 123(1) and 124(1) of Factories Act 1961, and provisions consequential thereon

74

• (1) For the purposes of section 123(1) (application of Act to electrical stations) of the Factories Act 1961, office premises to which this Act applies which are comprised in premises to which that subsection applies shall, notwithstanding that they are so comprised, be deemed not to form part of the premises.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of section 125(1) of Factories Act 1961, and provisions consequential thereon

75

• (1) For the purposes of section 125(1) (docks, etc.) of the Factories Act 1961, office premises to which this Act applies which are comprised in premises to which that subsection applies shall, notwithstanding that they are so comprised, be deemed not to form part of the premises.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The reference in the said section 125(1) to a warehouse in or for the purposes of which mechanical power is used, being a warehouse neither forming part of a factory nor belonging to the owners, trustees or conservators of a dock, wharf or quay, shall be construed as not including a building occupied by a wholesale dealer or merchant where goods are kept for sale wholesale or a part of a building so occupied where goods are so kept.

Amendment of Public Health Act 1936

76

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusion of application of sections 128 and 129 of Public Health (London) Act 1936

77

Provision for securing exercise of local Act powers in conformity with this Act

78

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General Provisions

Minister to report to Parliament

79

Regulations and orders

80

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mode of service of notices under this Act

81

Expenses and receipts

82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to the Crown

83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusion of application to visiting forces

84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusion of application to factories, to certain fish salerooms and to parts below ground of mines

85

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . nothing in this Act shall apply to any premises which, for the purposes of the Factories Act 1961, form part of a factory.

• (2) With the exception of section 75(3) of this Act, nothing in this Act shall apply to any premises which, not being office premises, are used for the sale of fish by wholesale and constitute, or are comprised in, premises to which certain provisions of the Factories Act 1961 apply by virtue of section 125(1) (docks, etc.) of that Act.

• (3) Nothing in this Act shall apply to any part below ground of premises which, for the purposes of the Mines and Quarries Act 1954, are a mine.

Exclusion of application to premises occupied for transitory purposes

86

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions with respect to Northern Ireland, Isles of Scilly and Inner and Middle Temples

Powers of Parliament of Northern Ireland

87

Application to Isles of Scilly

88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application to Inner and Middle Temples

89

Interpretation

Interpretation

90

• (1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

• except in section 1(4) of this Act, “building” includes structure;

• “contravention” includes, in relation to a provision of this Act or of regulations thereunder, a failure to comply with the provision, and the expression “contravene” shall be construed accordingly;

• “employed” means employed under a contract of service or apprenticeship (whether oral or in writing, express or implied);

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “fish” includes molluscs and crustaceans;

• “fuel storage premises” has the meaning assigned to it by section 1(3)(a)(v) of this Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the Minister” means the Secretary of State;

• “notice” means a notice in writing;

• “office premises” has the meaning assigned to it by section 1(2) of this Act;

• “owner”—as respects England and Wales, means the person for the time being receiving the rackrent of the premises, building or part of a building 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, building or part were let at a rackrent, andas respects Scotland, means the person for the time entitled to receive or who would, if the same were let, be entitled to receive, the rents of the premises, building or part of a building in connection with which the word is used and includes a trustee, factor, or person entitled to act as legal representative of a person under disability by reason of nonage or mental or other incapacity, and in the case of public or municipal property, applies to the persons to whom the management thereof is entrusted,and “owned” and “ownership” shall be construed accordingly;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “railway premises” has the meaning assigned to it by section 1(4) of this Act;

• “railway undertakers” means any persons authorised by an enactment or a provision of an order or scheme made under or confirmed by an Act to construct, work or carry on a railway;

• “shop premises” has the meaning assigned to it by section 1(3) of this Act;

• “week” means the period between midnight on Saturday night and midnight on the succeeding Saturday night.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) For the purposes of this Act—

• (a) persons employed by railway undertakers to do work the general control of the doing of which is exercised at railway premises, or at office premises occupied by the undertakers for the purposes of the railway undertaking carried on by them and situate in the immediate vicinity of the permanent way, shall be deemed to be employed to work in the premises at which the general control of the doing of their work is exercised notwithstanding that their work is in fact done elsewhere;

• (b) neither railway premises nor such office premises as aforesaid shall be taken to be premises in the case of which persons are employed to work therein by reason only of the fact that persons employed by the undertakers who occupy the premises resort to the premises for the purpose only of discharging duties whose discharge is incidental to the work that they are primarily employed to do.

• (4) For the purposes of this Act, any such person as follows shall be taken to be employed, namely,—

• (a) a person appointed under section 6 or 7 of the Registration Service Act 1953 who exercises and performs his powers and duties in premises provided and maintained by the council within whose area his district or sub-district is situate;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) a member of a police force maintained by a local policing body or a police authority, or

• (d) a member of a police force seconded to the National Crime Agency to serve as a National Crime Agency officer.

• (5) The definition of a class of premises, rooms or persons for the purposes of any regulations or order under this Act may be framed by reference to any circumstances whatever.

• (6) Any reference in this Act to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment.

Short Title, Commencement, Extent and Repeal

Short title, commencement, extent and repeal

91

• (1) This Act may be cited as the Offices, Shops and Railway Premises Act 1963.

• (2) This Act shall come into operation on such day as the Minister may by order appoint, and different days may be appointed for the coming into operation of different provisions, of a particular provision in relation to premises of different classes or of a particular provision for different purposes.

• (3) This Act shall not extend to Northern Ireland . . .

• (4) The enactments specified in columns 1 and 2 of Schedule 2 to this Act are hereby repealed to the extent respectively specified in relation thereto in column 3 of that Schedule.

SCHEDULE 1

1

Before the Minister makes any special regulations he shall publish in the London and Edinburgh Gazettes, and in such other manner as he may think best adapted for informing persons affected, notice of the proposal to make the regulations, and of the place where copies of the draft regulations may be obtained, and of the time (which shall be not less than twenty-one days) within which any objection made with respect to the draft regulations by or on behalf of persons affected must be sent to him.

2

Every objection must be in writing and state—

• (a) the specific grounds of objection ; and

• (b) the omissions, additions, or modifications asked for.

3

The Minister shall consider any objection made by or on behalf of any persons appearing to him to be affected which is sent to him within the required time, and he may, if he thinks fit, amend the draft regulations, and, after doing so, he shall, unless an inquiry has been held under this Schedule, cause the amended draft to be dealt with in like manner as an original draft.

4

If after the publication of the notice with respect to any draft regulations (whether an original or amended draft) any general objection (as defined in paragraph 6 of this Schedule) is made within the required time with respect to the draft and not withdrawn, then, unless a previous inquiry under this Schedule has been held with respect to the draft or some previous draft of the regulations, he shall before making the regulations direct an inquiry to be held in the manner hereinafter provided and he may, if he thinks fit, also direct such an inquiry to be held in regard to any objection, notwithstanding that no such general objection has been made or that such a previous inquiry has been held as aforesaid.

5

Where any such inquiry is to be held as to any draft regulations, the following provisions shall have effect with respect to the inquiry—

• (a) the Minister shall appoint a competent person or competent persons to hold the inquiry, and to report to him thereon ;

• (b) the inquiry shall be held in public, and the chief factory inspector, a deputy chief factory inspector, any objector and any other person who, in the opinion of the person holding the inquiry or, if there is more than one such person, of the person presiding over the inquiry, is affected by the draft regulations, may appear at the inquiry either in person or by counsel, solicitor or agent;

• (c) the witnesses may, if the person holding or presiding over the inquiry thinks fit, be examined on oath ;

• (d) subject as aforesaid, the inquiry and all proceedings preliminary and incidental thereto shall be conducted in accordance with regulations made by the Minister and the regulations may make provision as to the costs of the inquiry and other proceedings, including the remuneration of the person or persons holding the inquiry.

6

In this Schedule the expression " general objection " means, as respects any draft regulations, an objection made—

• (a) by or on behalf of the majority of the occupiers of the premises affected by the draft regulations or by or op behalf of the occupier or occupiers employing a majority of the persons employed to work in those premises, or by any person who satisfies the Minister that he or an association on behalf of which he acts represents a majority of the persons so employed ; or

• (b) by or on behalf of the majority of the occupiers of any class of premises affected as respects which it appears to the Minister that, by reason of special conditions existing in connection therewith, there is reason to believe that any of the requirements of the draft regulations may be unnecessary or inappropriate in the case of premises of that class, or by or on behalf of the occupier or occupiers employing a majority of the persons employed to work in any such class of premises as aforesaid or by any person who satisfies the Minister that he or an association on behalf of which he acts represents a majority of the persons so employed.

SCHEDULE 2

Exception for premises in which only employer’s relatives or outworkers work.

Washing facilities.

20

25

28

56

59A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61

65

Interpretaion

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE

Editorial notes

[^c654273]: Act extended by Atomic Energy Authority Act 1971 (c. 11), s. 18(1)

[^c654274]: Act amended by S.I. 1988/1222, regs. 3, 4