The Factories Act 1961 etc. (Repeals and Modifications) Regulations 1974

Supplemental

7.—(1) These Regulations shall not affect the validity of anything done under any provision of an enactment or instrument repealed or modified by the Regulations before the coming into operation of the Regulations; and anything which at the coming into operation of the Regulations is in process of being done for the purposes of that provision (including in particular any legal proceedings) by or in relation to—

(a) an inspector appointed under the 1961 Act;

(b) the inspector for the district, the superintending inspector for the division or the chief inspector;

(c) an employment medical adviser appointed under the 1972 Act;

(d) the chief employment medical adviser or a deputy chief employment medical adviser;

(e) an authority or officer entitled under section 153(3) or 182(5) of the 1961 Act to exercise powers of an inspector under that Act; or

(f) the Secretary of State,

may, so far as may be necessary for the purposes of or in consequence of the provisions of the Regulations, be continued, respectively, by or in relation to—

(a) an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act;

(b) an inspector so appointed who is authorised to act for the purposes of the provision in question;

(c) an employment medical adviser appointed under section 56 of the 1974 Act;

(d) an employment medical adviser so appointed who is authorised to act for the purpose of the provision in question;

(e) the authority in question or an inspector appointed by that authority under the said section 19;

(f) the Health and Safety Executive.

(2) Without prejudice to paragraph (1) of this Regulation, any exemption, approval, authorisation, certificate, notice or direction granted or given or other thing whatsoever done, or having effect as if granted, given or done, for the purposes of any provision modified by these Regulations, shall, if in force at the coming into operation of these Regulations, continue in force and have effect as if granted, given or done in accordance with that provision as so modified.

(3) Except as provided in Regulation 3 of these Regulations, regulations, rules and orders made or having effect under any provision repealed by these Regulations and in force immediately before the coming into operation of these Regulations shall continue in force notwithstanding the repeal of that provision.

(4) Where any of the provisions repealed or modified by these Regulations prescribes a penalty for an offence of any kind, that penalty shall, notwithstanding these Regulations, continue to apply to offences of that kind committed before 1st January 1975.