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Factories Act 1961

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This is the original version (as it was originally enacted).

126Ships

(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)the provisions of Part II with respect to the power of a magistrates' court or sheriff to make orders as to dangerous conditions and practices;

(c)the provisions of Part III with respect to welfare regulations;

(d)the provisions of Part IV with respect to special regulations for safety and health;

(e)Part V;

(f)the provisions of Part VI with respect to hours of employment (but not with respect to Sunday employment and annual holidays), subject to such modifications as may be made by regulations of the Minister to meet special circumstances;

(g)the provisions of sections one hundred and eighteen, one hundred and fifty-one and one hundred and fifty-two of this Act with such adaptations and modifications as may be made by regulations made by the Minister;

(h)the provisions of Part IX with respect to the prohibition of deductions from wages ;

(j)the provisions of Part X with respect to general registers (so far as applicable), preservation of registers and records, and duties of persons employed ;

(k)the provisions of Part XI with respect to powers and duties of inspectors;

(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.

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