Section 183.
1E+W+SAny reference in any enactment or document, whether express or implied, to any enactment repealed by this Act or by any enactment so repealed or to any provision contained in any such enactment shall be construed as a reference to this Act or, as the case may be, to the corresponding provision of this Act.
2E+W+SAny order, regulation, rule, byelaw or appointment made, direction, certificate or notice given, or other thing done under any provision contained in an enactment repealed by this Act or by an enactment so repealed shall continue in force and—
(a)if it could have been made, given or done under the corresponding provision of this Act, shall have effect as if it had been so made, given or done;
(b)if it is an order or regulation made under a power which, under the corresponding provision of this Act, is exercisable by a different class of instrument, shall have effect as if it were an instrument of that class made under that provision.
3E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Textual Amendments
4(1)Subject to sub-paragraph (2) of this paragraph, a factory which has been furnished with a certificate in pursuance of subsection (1) of section fourteen of the M1Factory and Workshop Act 1901 and a factory in respect of which a notice issued in pursuance of subsection (2) of that section has been complied with, or in respect of which an award has been made under subsection (3) of that section and has been complied with, shall be entitled to receive a certificate under section forty of this Act and, pending the receipt of the certificate, no offence shall be deemed to be committed by reason of the use of the factory while no certificate under this section is in force with respect to it.E+W+S
(2)Sub-paragraph (1) of this paragraph shall only apply to any factory if and so long as the means of escape provided therein are properly maintained, and shall not apply to any factory if, since the certificate was furnished or the notice or award was complied with in pursuance of the said section fourteen, any action has been taken of which notice would, if this Act had been in force and a certificate under section forty had been granted, have been required by section forty-one of this Act to be given to the fire authority.
Marginal Citations
5E+W+SIn the case of any factory constructed or converted for use as a factory before the coming into operation of section thirty-four of the M2Factories Act 1937 (that is to say the first day of July, nineteen hundred and thirty-eight) which is not a factory to which paragraph 4 of this Schedule applies, no offence shall be deemed to be committed under section forty of this Act by reason of the use of the factory during any period that may elapse before the grant or refusal of a certificate under that section by the fire authority, and if the fire authority refuse to grant a certificate in respect of the factory unless alterations are made, no such offence shall be deemed to be committed while the alterations are being carried out in accordance with the requirements of the authority.
Marginal Citations
6E+W+SWhere, before the coming into operation of the First Schedule to the M3Factories Act 1959 (that is to say the first day of December, nineteen hundred and sixty) a certificate was issued under section thirty-four of the M4Factories Act 1937 with respect to such a factory as is mentioned in paragraph 1 of the Second Schedule to this Act, but—
(a)neither the certificate nor a copy thereof was issued to the owner of the building in which the factory is comprised; or
(b)neither the certificate nor a copy thereof or of the relevant part thereof was issued to the occupier of the factory;
the council by whom the certificate was issued shall, at his request, send him a copy thereof or, as the case may be, of the relevant part thereof; and the owner may, in the case of any such certificate, comply with the requirement as to its registration by attaching a copy thereof to the register mentioned in sub-paragraph (c) of paragraph 8 of the Second Schedule to this Act.
7E+W+SAny order made under Regulation 59 of the Defence (General) Regulations 1939 which is in force at the commencement of this Act shall continue in force, but may be revoked by order of the Minister; and any provision made by an order continued in force by this paragraph which could have been made by special regulations under section one hundred and seventeen of this Act shall be deemed, until the order is revoked, to be contained in such regulations.
8E+W+SThe mention of particular matters in this Schedule shall be without prejudice to the general application of [F2sections 16(1) and 17(2)(a) of the M5Interpretation Act 1978] (which relates to the effect of repeals).
Textual Amendments
F2Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)
Marginal Citations