Offices, Shops and Railway Premises Act 1963

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