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Offices, Shops and Railway Premises Act 1963

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83 Application to the Crown.E+W+S

(1)The following provisions of this Act, namely sections 4 to [F119], F2. . . 24, 27, . . . F3 42 and 43 shall, in so far as they impose duties failure to comply with which might give rise to a liability in tort, be binding upon the Crown, and accordingly, for the purposes of those provisions and regulations under any of them, persons in the service of the Crown shall be taken to be employed if, apart from this subsection, they would not be so taken.

(2)Section 24(7) of this Act shall, in its application to premises occupied by the Crown, have effect with the substitution, for the reference to the authority having power to enforce compliance with the foregoing provisions of that section, of a reference [F4to the Health and Safety Executive].

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(4)Section 46 of this Act shall, in the case of premises occupied by the Crown, have effect as if, for any reference to an authority having power to enforce any provision of this Act, there were substituted a reference [F4to the Health and Safety Executive] and as if the words in subsection (3) from “and are further satisfied” onwards, and [F6subsections (5) to (13)], had been omitted; . . . F7

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(6)The reference in subsection (1) of this section to a liability in tort shall be construed as not including such a liability towards a member of the armed forces of the Crown, and the reference in that subsection to persons in the service of the Crown shall be construed as not including any such member.

(7)In the application of this section to Scotland any reference to a liability in tort shall be construed as a reference to a liability in reparation arising from any wrongful or negligent act or omission.

Textual Amendments

F1Words substituted by virtue of S.I. 1975/1011, reg. 2(b)

F2Words in s. 83(1) repealed (1.1.1993) by S.I. 1992/2793, reg. 8(1), Sch. 2 Pt.I.

F3Words repealed by S.I. 1976/2005, Sch.

F4Words substituted by virtue of S.I. 1974/1943, Sch. 2 para. 15(a)

F528–41, 42(11)(12)(14)–(16), 43(9)(10)(12)–(14) , 60(1), 71(2), 76(1)(2), 83(3) repealed by S.I. 1976/2005, Sch.

F6Words substituted by S.I. 1974/1943, Sch. 2 para. 15(c)

F7Words repealed by S.I. 1974/1943, reg. 4, Sch. 1

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