Factories Act (Northern Ireland) 1965

N.I. Works of building and engineering construction

125 Building operations and works of engineering construction. N.I.

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

F1 [(aa) the provisions of [F2 section 10A] ;]

(b) the provisions of sections 50 and 51 so far as they enable the Ministry to make regulations;

• Para. (c) rep. by SR 1991/471

• Paras. (d)(e) rep. by SR 1979/246

(f) Part V;

• Para. (g) rep. by 1978 NI 9

• Para. (h) rep. by SR 1979/246

(j )F3 the provisions of Part X with respect toF4 . . . F5 . . . , F6 . . . , preservation of registers and records, …F7 ;

(k) the provisions of Part XI with respect to …F7 duties …F7 of [F8 district councils and of the[F9 Director of Public Health for Northern Ireland];]

(l) Part XII;

(m) Part XIII;

(n) Part XIV.

Subs. (3) rep. by SR 1996/510

(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 Ministry.

(5 )F3 The provisions of this Act requiring F10 . . . registers to be keptF5 . . . 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 worksF5 . . . .

Subs. (6), (7) rep. by SR 1995/209

(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.

F1 1978 NI 9

F2 1990 NI 2

F3 Mod., SR 1979/246

F4 SR 1991/105

F5 SR 1996/512

F6 Words in s. 125(2)(j) repealed (31.10.2011) by Factories Act (Northern Ireland) 1965 and Office and Shop Premises Act (Northern Ireland) 1966 (Repeals and Modifications) Regulations (Northern Ireland) 2011 (S.R. 2011/283), reg. 4(2)(b)

F7 SR 1979/246

F8 SRO (NI) 1973/211

F9 Words in s. 125(2) amended by S.I. 1991/194 (N.I. 1), art. 32(1A) (as substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 13(11); S.R. 2009/114, art. 2)

F10 Word in s. 125(5) repealed (31.10.2011) by Factories Act (Northern Ireland) 1965 and Office and Shop Premises Act (Northern Ireland) 1966 (Repeals and Modifications) Regulations (Northern Ireland) 2011 (S.R. 2011/283), reg. 4(2)(c)

S. 126 rep. by SR 1998/281

Ss. 127, 128 rep. by SR 1986/36

S. 129 rep. by SR 1998/281

S. 130 rep. by SR 1998/281