Factories Act 1961

70 Basement bakehouses

(1) Without prejudice to the provisions of section sixty-nine of this Act, a basement bakehouse shall not be used as a bakehouse unless it was so used at the date of the passing of the Factories Act, 1937, that is to say, the thirtieth day of July, nineteen hundred and thirty-seven, and a certificate of suitability had been issued in respect of it by the district council under an enactment repealed by that Act ;'and a basement bakehouse shall not be used as a bakehouse, notwithstanding that the foregoing conditions are satisfied, if, at any time since the commencement of that Act, that is to say, the first day of July, nineteen hundred and thirty-eight, it was not so used for a period exceeding twelve months.

(2) It shall be the duty of every district council to carry out every five years, beginning with the fifth year after that in which an examination under section fifty-four of the Factories Act, 1937, was last required before the commencement of this Act, an examination of every basement bakehouse in respect of which a certificate of suitability had been issued and—

(a) if as the result of the examination the council are not satisfied that the bakehouse is suitable for use as such as regards construction, height, light, ventilation, and any hygienic respect, they shall give notice in writing that the certificate shall cease to have effect at the expiration of such period not less than one month as may be specified in the notice, and the basement bakehouse shall not be used as a bakehouse after the expiration of that period; or

(b) if the council are satisfied that the bakehouse is suitable as regards the matters aforesaid, they shall give notice in writing that the certificate shall continue to operate so long as the bakehouse may otherwise lawfully be used, but without prejudice to the power of the council to revoke the certificate as the result of a subsequent examination under this subsection.

(3) Where the district council give notice that the certificate of a basement bakehouse is to cease to have effect, the occupier may, within twenty-one days of the receipt of the notice, appeal to a magistrates' court or, in Scotland, the sheriff, and the court or sheriff, if satisfied that the bakehouse is suitable as regards the matters aforesaid, may by order direct that the certificate shall continue to operate as if a notice had been given under paragraph (b) of subsection (2) of this section or may by order extend the period at the expiration of which the certificate is to cease to have effect, and pending the final determination of the appeal the certificate shall continue to operate.

(4) In this section " basement bakehouse " means a bakehouse any baking room of which is so situate that the surface of the floor is more than three feet below the surface of the footway of the adjoining street, or of the ground adjoining or nearest to the room ; and " baking room " means any room used for baking, or for any process incidental thereto.

(5) The prohibition of the use of basement bakehouses under this section shall be enforced by the district council, and the provisions of Part I of this Act as to the power to act in default of a district council shall apply in the case of any default of the district council under this section.