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Agriculture (Safety, Health and Welfare Provisions) Act 1956

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25Application to Scotland

(1)The provisions of this section shall have effect for the application of this Act to Scotland.

(2)Any regulations under section one of this Act providing for imposing requirements with respect to the execution of works of the nature of fixed equipment shall provide for imposing such requirements in relation to any land being an agricultural holding on the landlord of the holding.

(3)For section three of this Act there shall be substituted the following section—

3(1)If it appears to a local authority that an agricultural unit in their district on which workers are employed in agriculture is without suitable and sufficient sanitary conveniences or washing facilities available for the use of workers so employed, the authority shall, by notice served on the appropriate person, require him, within such time as may be specified in the notice, to execute such works or take such other steps for the purpose of providing the unit with suitable and sufficient sanitary conveniences or washing facilities, as the case may be, available for the use of workers employed thereon in agriculture as may be specified in the notice.

(2)In considering, for the purposes of this section, whether an agricultural unit is without suitable and sufficient sanitary conveniences or washing facilities available for the use of workers employed on the unit in agriculture, regard shall be had to the number and sex of the workers so employed, the location and duration of their work and to all other relevant circumstances.

(3)A local authority shall not serve a notice under this section requiring the execution of works of the nature of fixed equipment unless they are satisfied that special circum-stances exist which render requisite the execution of such works, and no such notice shall be of any effect unless it states that the authority are so satisfied and what those circumstances are.

(4)For the purposes of this section the expression " appropriate person " means—

(a)in the case of a notice requiring the execution, on land being an agricultural holding, of works of the nature of fixed equipment, the landlord of the holding;

(b)in the case of a notice requiring the execution, on land in the occupation of the owner thereof, of works of the nature aforesaid, the owner of the land;

(c)in the case of a notice requiring the execution of works other than works of the nature of fixed equipment, or the taking of other steps, the occupier of the unit to which the notice relates.

(5)Any person aggrieved by a notice under this section may appeal to the sheriff by giving notice of appeal within twenty-one days after the date of the service of the notice; and the sheriff may either confirm the notice or, if he is satisfied that the works required to be executed or the steps required to be taken are unnecessary or are unreasonable in character or extent, or are not reasonably practicable, or that the local authority have refused unreasonably to approve the execution of alternative works or the taking of alternative steps, or that for any other reason the notice should be disallowed or varied, may disallow the notice or may confirm the notice subject to such variation as he may specify, and may make such order as to the expenses of the appeal as he may think equitable. The decision of the sheriff shall be final and shall be binding both on the authority and on the person on whom the notice is served.

(6)Subject to the right of appeal conferred by the last foregoing subsection and to any order made by the sheriff on such appeal, a person on whom a notice is served under this section who fails to comply with the requirements of the notice shall be guilty of an offence.

(4)Where by virtue of any regulations made under section one of this Act or of a notice served under section three thereof any works of the nature of fixed equipment are required to be executed on any land being an agricultural holding, the provisions of subsections (2), (3) and (5) of section five of the Agricultural Holdings (Scotland) Act, 1949 (which defines the respective liabilities of landlord and tenant for the provision and maintenance of fixed equipment) and section eighteen of that Act (which empowers the landlord of a holding to enter thereon for the purpose of providing fixed equipment) shall apply in relation to such works as aforesaid as they apply in relation to fixed equipment within the meaning of that Act.

(5)Where the landlord of an agricultural holding has executed thereon works of the nature of fixed equipment which are required to be executed as mentioned in the last foregoing subsection or has executed similar works at the request of, or in agreement with, the tenant, section eight of the Agricultural Holdings (Scotland) Act, 1949 (which provides for increases of rent in respect of improvements carried out by the landlord) shall have effect as if the works so executed were such an improvement as is mentioned in subsection (1) of that section.

(6)For section five there shall be substituted the following section—

(1)Any sanitary convenience and any washing facilities available for the use of workers employed on an agricultural unit in agriculture and any sanitary convenience provided in pursuance of regulations under section four of this Act shall be kept properly cleansed.

(2)In the event of a contravention of the provisions of this section in relation to a sanitary convenience provided in pursuance of regulations under the said section four, the employer by whom it was provided, and in any other case the occupier of the agricultural unit, shall be guilty of an offence.

(7)In section seven for the reference to section eighteen of the Children and Young Persons Act, 1933, there shall be substituted a reference to section twenty-eight of the Children and Young Persons (Scotland) Act, 1937.

(8)In section eleven for paragraph (b) of subsection (1) there shall be substituted the following paragraph—

(b)whether there has been a failure to comply, as respects a sanitary convenience or any washing facilities on that land, with the requirements of section five of this Act.

(9)For any reference to a sanitary authority there shall be substituted a reference to a local authority.

(10)In this Act the following expressions have the meanings hereby assigned to them respectively, that is to say—

  • " agricultural holding ", " fixed equipment " and " landlord " have the like meanings as in the Agricultural Holdings (Scotland) Act, 1949 ;

  • " owner " has the like meaning as in the Public Health (Scotland) Act, 1897, and in the case of an agricultural unit occupied by a landholder within the meaning of the Small Landholders (Scotland) Acts, 1886 to 1931, or a crofter within the meaning of the Crofters (Scotland) Act, 1955, means that landholder or crofter;

  • " local authority " means a county or town council;

  • " tort " means delict or quasi-delict;

  • " worker " means a person employed under a contract of service % or apprenticeship or a person employed in accordance with the provisions of Part III of the Children and Young Persons (Scotland) Act, 1937, and the Education (Exemptions) (Scotland) Act, 1947, and " employer " and " employed " have corresponding meanings;

  • " young person " means a person who is over school age for the purposes of the Education (Scotland) Act, 1946, but who has not attained the age of eighteen; and subsection (1) of section twenty-four shall have effect as if the definitions of " agricultural holding " fixed equipment " landlord ", " sanitary authority ", " worker " and " young person " were omitted.

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