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Civil Defence Act 1939

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This is the original version (as it was originally enacted).

89Definitions of "factory", "factory premises", " mine " and " commercial building " and interpretation of references to persons working and persons employed

(1)In this Act the expression " factory" means a factory within the meaning of section one hundred and fifty-one of the Factories Act, 1937 :

Provided that—

(a)the said expression does not include any premises in the occupation of the Crown;

(b)the said expression does not include any factory entirely situate in a building not wholly occupied by the occupier of the factory ;

(c)where part of a factory is situate in a building not wholly occupied by the occupier of the factory, that part shall be deemed for the purposes of this Act not to form part of the factory.

(2)Where there is a factory in which more than fifty persons work—

(a)the factory; and

(b)the remainder of any building in which the factory or any part thereof is situate; and

(c)any land contiguous to the factory which is in the occupation of the occupier of the factory and any buildings on that land,

shall together be deemed to constitute factory premises for the purposes of this Act:

Provided that—

(a)no building wholly or mainly occupied as a hotel or restaurant (other than a restaurant carried on for the use of persons working in the factory) shall be deemed to form part of any factory premises;

(b)no mine shall be included in any factory premises except in accordance with the provisions of subsection (4) of this section;

(c)no premises which are wholly occupied by public utility undertakers for the purposes of their undertaking shall be deemed to be factory premises for the purposes of this Act.

(3)In this Act the expression " mine " means—

(a)a mine within the meaning of the Coal Mines Act,1911; or

(b)a mine within the meaning of the Metalliferous Mines Regulation Act, 1872 (as amended by section nineteen of the Mining Industry Act, 1920); or

(c)a quarry within the meaning of the Quarries Act, 1894, as amended by section one hundred and fifty-eight of the Factories Act, 1937,

being in any case a mine or quarry in or about which more than fifty persons work, and not being a mine or quarry which by virtue of the next following subsection, forms part of factory premises.

(4)Where any factory premises are contiguous to a mine and are occupied by the owner of the mine, then—

(a)if the number of persons working in or about the mine exceeds the number of persons working in the factory comprised in the factory premises, the factory premises shall be deemed to form part of the mine for the purposes of this Act;

(b)if the number of persons working in the factory exceeds the number of persons working in or about the mine, the mine shall be deemed to form part of the factory premises for the purposes of this Act.

(5)In this Act the expression " commercial building" means a building in which more than fifty persons work, not being—

(a)a building wholly or mainly occupied as a school, college, university, hotel, restaurant, club, place of public entertainment or amusement, hospital or nursing home; or

(b)a building wholly occupied by public utility undertakers for the purposes of their undertaking :

Provided that—

(i)no building which forms part of any factory premises or mine shall be deemed to be a commercial building; and

(ii)any residential part of a building (that is to say, any part which is used, or, so far as unoccupied, intended for use, for residential purposes) shall, if it is provided with a means of normal egress from the building which is not available to occupants of the nonresidential part of the building, be disregarded for all the purposes of the provisions of this Act relating to commercial buildings.

(6)In relation to the provisions of Part III of this Act relating to the training of employed persons, this section shall have effect as if for the words " fifty persons," wherever they occur therein, there were substituted the words

thirty persons.

(7)For the purposes of this Act the number of persons who work in a factory, factory premises, or commercial building shall be taken to be the greatest number of persons who are present in the factory, factory premises or building, as the case may be, at any one time in a normal day, being persons who carry on business in the factory, factory premises or building or are employed by persons carrying on business therein :

Provided that—

(a)regard shall not be had to any temporary increase occasioned by a change of shifts;

(b)in the case of any factory, factory premises or commercial building where there are outdoor workers, regard shall not be had to more than twenty-five per cent. of their total number. In this subsection, the expression " outdoor workers " means persons who, on a normal day, work in the factory, factory premises or commercial building, as the case may be, for not more than one hour.

(8)For the purposes of this Act, the number of persons who work in or about a mine shall be deemed to be a number ascertained as follows, that is to say—

(a)by having regard to all the people employed in or about the mine and ascertaining how many of them are from time to time simultaneously present in or about the mine otherwise than below the surface, and

(b)if the numbers so ascertained fluctuate, by-ascertaining the highest figure below which throughout any consecutive period of fifteen minutes the numbers do not fall.

(9)References in this Act to persons employed do not include references to persons employed as domestic servants or to persons otherwise employed in or for the purposes of so much of a building as is used for residential purposes :

Provided that this subsection shall not be construed as affecting the meaning of the word " employer " in the provisions of this Act relating to compensation for personal injuries.

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