Factories Act 1961 (c. 34)

Part VIIE+W+S Special Applications and Extensions

Factories occupying parts of buildingsE+W+S

120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S

Textual Amendments

F1Ss. 40–52, 120, 140(2), 148, 165, repealed by S.I. 1976/2004, Sch.

F2121 Tenement factories—other provisions.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2S. 121 repealed (6.4.2014) by The Health and Safety (Miscellaneous Repeals and Revocations) Regulations 2014 (S.I. 2014/486), reg. 1, Sch. Table 1

F3122 Parts of buildings let off as separate factories—other provisions.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3S. 122 repealed (6.4.2014) by The Health and Safety (Miscellaneous Repeals and Revocations) Regulations 2014 (S.I. 2014/486), reg. 1, Sch. Table 1

Electrical stationsE+W+S

123 Application of Act to electrical stations.E+W+S

(1)The provisions of this Act shall apply to any premises in which persons are regularly employed in or in connection with the processes or operations of generating, transforming or converting, or of switching, controlling or otherwise regulating, electrical energy for supply by way of trade, or for supply for the purposes of any transport undertaking or other industrial or commercial undertaking or of any public building or public institution, or for supply to streets or other public places, as if the premises were a factory and the employer of any person employed in the premises in or in connection with any such process or operation were the occupier of a factory.

(2)Where any such process or operation is carried on or performed for such a supply as is mentioned in subsection (1) of this section but in other premises than those mentioned therein, then, if the premises are large enough to admit the entrance of a person after the machinery or plant therein is in position, the following provisions of this Act shall apply to the premises as if they were a factory and the employer of any person employed therein in or in connection with any such process or operation were the occupier of the factory, that is to say,—

(a)the provisions of sections fifty and fifty-one so far as they enable the Minister to make regulations;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(c)Part V;

(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(e)Part XII;

(f)Part XIII;

(g)Part XIV.

(3)The Minister may by [F5regulations] apply any of the provisions mentioned in subsection (2) of this section to any machinery or plant used—

(a)in such processes or operations as are mentioned in subsection (1) of this section and for such a supply as is mentioned therein; but

(b)elsewhere than in such premises as are mentioned in subsection (1) or subsection (2) of this section,

as if the machinery or plant were machinery or plant in a factory, and the employer of any person employed in connection with any such use of the machinery or plant were the occupier of a factory.

(4)Subsections (1) and (2) of this section shall not, except in so far as the Minister may by [F5regulations] direct, apply to any premises where the said processes or operations are only carried on or performed for the immediate purpose of working an electric motor or working any apparatus which consumes electrical energy for lighting, heating, transmitting or receiving messages or communications, or other purposes.

Textual Amendments

F4S. 123(2)(b)(d) repealed by S.I. 1974/1941, reg. 7, Sch. 1

F5Word substituted by virtue of S.I. 1974/1941, Sch. 2 para. 2

Modifications etc. (not altering text)

C1S. 123(1) amended by Offices, Shops and Railway Premises Act 1963 (c. 41), s. 74(1)

InstitutionsE+W+S

124 Institutions.E+W+S

(1)Where, in any premises forming part of an institution carried on for charitable or reformatory purposes, any manual labour is exercised in or incidental to the making, altering, repairing, ornamenting, finishing, washing, cleaning or adapting for sale, of articles not intended for the use of the institution, but the premises do not constitute a factory, the provisions of this Act shall nevertheless apply to the premises, . . . F6

(2), (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F6Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

F7Ss. 1(5), 2(4), 3(3), 4(2), 5(2), 7(2), 9, 10, 14(3)(4)(6), 17(3)–(5), 18(5)(6), 25(4), 53–55, 58(2)–(4), 59(2)(3), 62, 66, 70, 71, 72(2), 73(2), 76, 81, 83, 121(7), 122(6), 124(2)(3), 129(1), 134, 137(5), 142, 145, 149, 150, 153(3), 159, 164(3), 174(2), 177, 179, 180(5)(7)(8)(10), 181(2), 182(5)(6), Schs. 3, 4 repealed by S.I. 1974/1941, reg. 7, Sch. 1

Docks, wharves, quays, warehouses and shipsE+W+S

125 Docks, etc. E+W+S

(1)The provisions of this Act specified in subsection (2) of this section shall apply to every dock, wharf or quay (including any warehouse belonging to the owners, trustees or conservators of the dock, wharf or quay, and any line or siding used in connection with and for the purposes of the dock, wharf or quay and not forming part of a railway or tramway) and every other warehouse (not forming part of a factory) in or for the purposes of which mechanical power is used—

(a)as if it were a factory; and

(b)as if the person having the actual use or occupation of it or of any premises within it or forming part of it, were the occupier of a factory.

(2)The said provisions are:—

[F8(a)the provisions of Part II with respect to steam boilers, but with the modification that the owner of the boiler shall, instead of the person deemed to be the occupier, be responsible for any contravention of those provisions:]

(b)the provisions of sections fifty and fifty-one so far as they enable the Minister to make regulations;

(c)—(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(f)Part V;

(g)the provisions of Part VII with respect to premises where part of a building is a separate factory, subject to such modifications as may be made by regulations of the Minister;

(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(j)the provisions of Part X with respect to . . . F11 F12. . ., F13..., preservation of registers and records, but subject to such modifications as may be made by regulations of the Minister, . . . F14;

(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

(l)Part XII; and

(m)Part XIV.

(3)Subject to subsection (4) of this section,—

(a)the provisions of this Act mentioned in paragraph (a) (subject to the modification mentioned in that paragraph) and in paragraphs . . . F16, (f), . . . F14, (j), . . . F16, (l) and (m) of subsection (2) of this section;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

shall apply to the process of loading, unloading or coaling of any ship in any dock, harbour or canal, and to all machinery or plant used in those processes, as if the processes were carried on in a factory and the machinery or plant were machinery or plant in a factory, and the person who carries on those processes were the occupier of a factory.

[F18(4)Nothing in this section shall apply to any machinery or plant which is on board a ship and is the property of the ship owner or charterer, or is rented, leased or hired by him or his agent, or is being purchased by him or his agent under a hire-purchase agreement or a conditional sale agreement (each within the meaning of section 53 of the Health and Safety at Work etc. Act 1974).]

(5)In subsections (3) and (4) of this section “plant” includes any gangway or ladder used by any person employed to load or unload or coal a ship.

(6)The provisions of Part II of this Act with respect to prime movers, transmission machinery, other machinery, provisions as to unfenced machinery, construction and maintenance of fencing, construction and sale of new machinery, cleaning of machinery by women and young persons, training and supervision of young persons working at dangerous machines, hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines, construction and maintenance of floors, passages and stairs, . . . F16 shall apply to every warehouse mentioned in subsection (1) of this section as if the warehouse were a factory and the person having the actual use or occupation thereof were the occupier of a factory [F19,][F19except that this subsection shall not operate to apply the provisions to chains, ropes and lifting tackle, cranes and other lifting machines, or to the construction and maintenance of floors, passages and stairs, in warehouses which are dock premises.]

[F20(7)The provisions of Part II of this Act, and any regulations made under that Part, with respect to prime movers, transmission machinery, other machinery, provisions as to unfenced machinery, construction and maintenance of fencing, hoists and lifts shall apply to all dock premises as if the dock premises were a factory, and the person having the control of such matter were the occupier of the factory in respect of that matter.

(8)The provisions of section 173 of this Act (application to Crown) shall apply to all dock premises as if the dock premises were a factory, but only for the purpose of applying to the Crown such provisions of this Act as are applied to docks, wharfs, quays and dock premises by virtue of the foregoing provisions of this section.

(9) In subsections (6), (7) and (8) of this section “ dock premises ” means any dock, wharf, quay, jetty or other place at which ships load or unload goods or embark or disembark passengers, together with neighbouring land or water which is used or occupied, or intended to be used or occupied, for those or incidental activities, and any part of a ship when used for those or incidental activities. ]

Textual Amendments

F8Ss. 32, 35, 36, 125, 127(2)(c) repealed (1.7.1994) by S.I. 1989/2169, reg. 26, Sch. 6 Pt. I

F9S. 125(2)(c)–(e) repealed by S.I. 1974/1941, reg. 7, Sch. 1

F10S. 125(2)(h) repealed by S.I. 1975/1012, Sch.

F11Words repealed by S.I. 1989/682, reg. 8(1), Sch. Pt. I

F12Words in s. 125(2)(j) repealed (1.1.1996) by S.I. 1995/2923, reg. 3(1), Sch. Pt. I

F13Words in s. 125(2)(j) repealed (6.4.2009) by The Factories Act 1961 and Offices, Shops and Railway Premises Act 1963 (Repeals and Modifications) Regulations 2009 (S.I. 2009/605), regs. 1, 4(2)(b)

F14Words repealed by S.I. 1975/1012, Sch.

F15S. 125(2)(k) repealed by S.I. 1974/1941, reg. 7, Sch. 1

F16Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

F17S. 125(3)(b) and preceding “and" repealed by Employment Medical Advisory Service Act 1972 (c. 28), Sch. 3

F18S. 125(4) substituted by S.I. 1988/1655, regs. 2(1), 3, 23, with application as mentioned in reg. 3

F19Words added and “," substituted S.I. 1988/1655, regs. 2(1), 3, 23, with application as mentioned in reg. 3

F20S. 125(7)–(9) added by S.I. 1988/1655, regs. 2(1), 3, 23, with application as mentioned in reg. 3

Modifications etc. (not altering text)

C2S. 125 amended by Employment Medical Advisory Service Act 1972 (c. 28), s. 8(1)

C3S. 125(1) amended by Offices, Shops and Railway Premises Act 1963 (c. 41), s. 75(1)(3)

C4S. 125(2)(j) amended by S.I. 1974/1941, Sch. 2 para. 9

126 Ships. E+W+S

(1)Subject to subsection (3) of this section, the provisions of this Act specified in subsection (2) of this section shall apply to any work carried out in a harbour or wet dock in constructing, reconstructing, repairing, refitting, painting, finishing or breaking up a ship or in scaling, scurfing or cleaning boilers (including combustion chambers and smoke boxes) in a ship, or in cleaning oil-fuel tanks or bilges in a ship or any tank in a ship last used for oil of any description carried as cargo or any tank or hold last used for any substance so carried of a description specified in regulations of the Minister as being of a dangerous or injurious nature; and for the purposes of those provisions as so applying the ship shall be deemed to be a factory, and any person undertaking the work shall be deemed to be the occupier of a factory.

(2)The said provisions are:—

(a)the provisions of sections fifty and fifty-one so far as they enable the Minister to make regulations;

(b)—(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

(e)Part V;

(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

(j)the provisions of Part X with respect to F25..., preservation of registers and records, . . . F26

(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

(l)Part XII;

(m)Part XIV.

(3)Nothing in this Act shall apply to any such work as is mentioned in subsection (1) of this section which is done by the master or crew of a ship or done on board a ship during a trial run.

Textual Amendments

F21S. 126(2)(b)–(d) repealed by S.I. 1974/1941, reg. 7, Sch. 1

F22Ss. 121(5), 126(2)(f) repealed by Employment Act 1989 (c. 38, SIF 43:1), s. 29(4), Sch. 7 Pt. II

F23S. 126(2)(g) repealed by Employment Medical Advisory Service Act 1972 (c. 28), Sch. 3

F24S. 126(2)(h) repealed by S.I. 1975/1012, Sch.

F25Words in s. 126(2)(j) repealed (6.4.2009) by The Factories Act 1961 and Offices, Shops and Railway Premises Act 1963 (Repeals and Modifications) Regulations 2009 (S.I. 2009/605), regs. 1, 4(2)(b)

F26Words repealed by S.I. 1975/1012, Sch.

F27S. 126(2)(k) repealed by S.I. 1974/1941, reg. 7, Sch. 1

Modifications etc. (not altering text)

C5S. 126 amended by Employment Medical Advisory Service Act 1972 (c. 28), s. 8(1)

Works of building and engineering constructionE+W+S

127 Building operations and works of engineering construction. E+W+S

(1)Subject to the following provisions of this section, the provisions of this Act specified in subsection (2) of this section shall apply—

(a)to building operations; and

(b)to works of engineering construction;

undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, and to any line or siding which is used in connection therewith and for the purposes thereof and is not part of a railway or tramway.

(2)The said provisions are:—

(a)the provisions of Part I with respect to sanitary conveniences;

(b)the provisions of sections fifty and fifty-one so far as they enable the Minister to make regulations;

[F28(c)the provisions of Part II with respect to steam boilers and air receivers . . . ]F29

(d), (e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

(f)Part V;

(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

(j)the provisions of Part X with respect to . . . F33 F34. . ., F35..., preservation of registers and records, . . . F36

(k)the provisions of Part XI with respect to . . . F29 duties of . . . F29 district councils;

(l)Part XII;

(m)Part XIII;

(n)Part XIV.

F37(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The provisions of this Act in their application to building operations or to works of engineering construction shall have effect as if any place where such operations or works are carried on were a factory and any person undertaking any such operations or works to which this Act applies were the occupier of a factory, and with such other adaptations and modifications as may be made by regulations made by the Minister.

(5)The provisions of this Act requiring F38... registers to be kept F39. . . shall be deemed to be complied with as respects building operations or works of engineering construction if the register is kept at an office of the person undertaking the operations or works F39. . ..

F40(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)The application of this Act to any building operations or works of engineering construction by virtue of the foregoing provisions of this section shall not be excluded by reason of the fact that they are undertaken on premises to which this Act applies apart from those provisions; and nothing in this section shall be taken as prejudicing the application of this Act to those premises apart from this section.

Textual Amendments

F28Ss. 32, 35, 36, 125, 127(2)(c) repealed (1.7.1994) by S.I. 1989/2169, reg. 26, Sch. 6 Pt. I

F29Words repealed by S.I. 1974/1941, reg. 7, Sch. 1

F30S. 127(2)(d)(e) repealed by S.I. 1974/1941, reg. 7, Sch. 1

F31S. 127(2)(g) repealed by Employment Medical Advisory Service Act 1972 (c. 28), Sch. 3

F32S. 127(2)(h) repealed by S.I. 1975/1012, Sch.

F33Words repealed by S.I. 1989/682, reg. 8(1), Sch. Pt. I

F34Words in s. 127(2)(j) repealed (1.1.1996) by S.I. 1995/2923, reg. 3, Sch. Pt. I

F35Words in s. 127(2)(j) repealed (6.4.2009) by The Factories Act 1961 and Offices, Shops and Railway Premises Act 1963 (Repeals and Modifications) Regulations 2009 (S.I. 2009/605), regs. 1, 4(2)(b)

F36Words repealed by S.I. 1975/1012, Sch.

F37S. 127(3) repealed (2.9.1996) by S.I. 1996/1592, reg. 34, Sch. 9 para. 2(a)

F38Word in s. 127(5) repealed (6.4.2009) by The Factories Act 1961 and Offices, Shops and Railway Premises Act 1963 (Repeals and Modifications) Regulations 2009 (S.I. 2009/605), regs. 1, 4(2)(c)