The Employment Medical Advisory Service (Factories Act Orders etc. Amendment) Order 1973

Made: 9th January 1973

Coming into Operation: 1st February 1973

The Secretary of State in exercise of his powers under section 8(2) of the Employment Medical Advisory Service Act 1972 and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation, commencement and revocation

1

• (1) This Order may be cited as the Employment Medical Advisory Service (Factories Act Orders etc. Amendment) Order 1973 and shall come into operation on 1st February 1973.

• (2) The Mule Spinning and Pottery Appointed Doctor (Amendment) Regulations 1963[^f00001] are hereby revoked.

Interpretation

2

The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament, and as if this Order and the Regulations hereby revoked were Acts of Parliament.

Amendments of Instruments

3

In the instruments mentioned in Part II of the Schedule to this Order there shall be made the amendments specified in relation to them in the second column of that Part, subject to the provisions of Part III of the said Schedule.

SCHEDULE — AMENDMENTS OF INSTRUMENTS

PART I — NEW DEFINITIONS

The new definitions mentioned in Part II of this Schedule are as follows:—

• “appointed doctor” means a fully registered medical practitioner appointed by written certificate of the Chief Employment Medical Adviser or of a Deputy Chief Employment Medical Adviser for such of the purposes of these Regulations as are specified in the certificate; and

• “employment medical adviser” means an employment medical adviser appointed under the provisions of the Employment Medical Advisory Service Act 1972.

PART II

PART III — TRANSITIONAL PROVISIONS

1

This Order shall not affect the validity of anything done before the coming into operation of this Order by or in relation to a medical practitioner acting for the purposes of any instrument amended by this Order.

2

A person, for whom it is unlawful immediately before the coming into operation of this Order to be employed or work in employment of any description in consequence of having been suspended from such employment in pursuance of a provision amended by this Order, shall not be employed or work in such employment unless an employment medical adviser or an appointed doctor as defined in Part I of this Schedule has certified that person is fit for such employment.

3

A medical practitioner who immediately before the coming into operation of this Order is a person authorised by the Chief Inspector of Factories under any of the instruments specified in Part II of this Schedule to perform functions for the purposes of those instruments shall be deemed for those purposes to be an appointed doctor as defined in Part I of this Schedule until that authority is revoked under this paragraph by the Chief Employment Medical Adviser or a Deputy Chief Employment Medical Adviser.

4

Certificates of approval given before the coming into operation of this Order by the Chief Inspector of Factories for the purposes of the Lead Processes (Medical Examinations) Regulations 1964, Regulation 32(2) of the Ionising Radiations (Unsealed Radioactive Substances) Regulations 1968 and Regulation 29(2) of the Ionising Radiations (Sealed Sources) Regulations 1969 shall remain in force until revoked under this paragraph by certificate of the Chief Employment Medical Adviser or a Deputy Chief Employment Medical Adviser.

Signed

Signed by order of the Secretary of State.

John Locke — Deputy Secretary — Department of Employment — 9th January 1973

Explanatory note

EXPLANATORY NOTE

This Order makes to the instruments under the Factories Act 1961 which are specified in the Schedule thereto amendments which are necessary or expedient in consequence of the Employment Medical Advisory Service Act 1972.

The Order provides that medical examinations of persons employed and related functions under the instruments specified shall be performed by fully registered medical practitioners appointed in accordance with the provisions of the 1972 Act.

The Order also changes the procedure by which the employment of any person in certain processes mentioned in the said instruments may be prohibited where the doctor examining that person is of opinion that the continued employment of that person in that process would involve special danger to his health.

Footnotes

[^f00001]: S.I. 1963/879 (1963 II, p. 1427).