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PART XIVN.I.INTERPRETATION AND GENERAL

N.I.Interpretation

175Interpretation of expression factory.N.I.

(1)Subject to the provisions of this section, the expression “factory” means any premises in which, or within the close or curtilage or precincts of which, persons are employed in manual labour in any process for or incidental to any of the following purposes, namely:—

(a)the making of any article or of part of any article; or

(b)the altering, repairing, ornamenting, finishing, cleaning, or washing or the breaking up or demolition of any article; or

(c)the adapting for sale of any article;

being premises in which, or within the close or curtilage or precincts of which, the work is carried on by way of trade or for purposes of gain and to or over which the employer of the persons employed therein has the right of access or control.

(2)The expression “factory” also includes the following premises in which persons are employed in manual labour (whether or not they are factories by virtue of subsection (1)), that is to say,—

(a)any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up;

(b)any premises in which the business of sorting any articles is carried on as a preliminary to the work carried on in any factory or incidentally to the purposes of any factory;

(c)any premises in which the business of washing or filling bottles or containers or packing articles is carried on incidentally to the purposes of any factory;

(d)any premises in which the business of hooking, plaiting, lapping, making-up or packing of yarn or cloth is carried on;

(e)any laundry carried on as ancillary to another business, or incidentally to the purposes of any public institution;

(f)except as provided in subsection (10), any premises in which the construction, reconstruction or repair of locomotives, vehicles or other plant for use for transport purposes is carried on as ancillary to a transport undertaking or other industrial or commercial undertaking;

(g)any premises in which printing by letterpress, lithography, photogravure, or other similar process, or bookbinding is carried on by way of trade or for purposes of gain or incidentally to another business so carried on;

(h)any premises in which the making, adaptation or repair of dresses, scenery or properties is carried on incidentally to the production, exhibition or presentation by way of trade or for purposes of gain of cinematograph films or theatrical performances, not being a stage or dressing-room of a theatre in which only occasional adaptations or repairs are made;

(j)any premises in which the business of making or mending nets is carried on incidentally to the fishing industry;

(k)any premises in which mechanical power is used in connection with the making or repair of articles of metal or wood incidentally to any business carried on by way of trade or for purposes of gain;

(l)any premises in which the production of cinematograph films is carried on by way of trade or for purposes of gain, so, however, that the employment at any such premises of theatrical performers and of attendants on theatrical performers shall not be deemed to be employment in a factory;

(m)any premises in which articles are made or prepared incidentally to the carrying on of building operations or works of engineering construction, not being premises in which such operations or works are being carried on;

(n)any premises used for the storage of gas in a gasholder having a storage capacity of not less than[F1 140 cubic metres];

(o)any premises in which the business of flax scutching is carried on.

(3)Any line or siding (not being part of a railway or tramway) which is used in connection with and for the purposes of a factory, shall be deemed to be part of the factory; and if any such line or siding is used in connection with more than one factory belonging to different occupiers, the line or siding shall be deemed to be a separate factory.

(4)A part of a factory may, with the approval in writing of the chief inspector, be taken to be a separate factory and two or more factories may, with the like approval, be taken to be a single factory.

(5)Any workplace in which, with the permission of or under agreement with the owner or occupier, two or more persons carry on any work which would constitute the workplace a factory if the persons working therein were in the employment of the owner or occupier, shall be deemed to be a factory for the purposes of this Act, and, in the case of any such workplace not being a tenement factory or part of a tenement factory, the provisions of this Act shall apply as if the owner or occupier of the workplace were the occupier of the factory and the persons working therein were persons employed in the factory.

(6)Where a place situate within the close, curtilage, or precincts forming a factory is solely used for some purpose other than the processes carried on in the factory, that place shall not be deemed to form part of the factory for the purposes of this Act, but shall, if otherwise it would be a factory, be deemed to be a separate factory.

(7)Premises shall not be excluded from the definition of a factory by reason only that they are open air premises.

(8)Where the Ministry by regulations so directs as respects all or any purposes of this Act, different branches or departments of work carried on in the same factory shall be deemed to be different factories.

(9 )F2Any premises belonging to or in the occupation of the Crown or any [F3 district council] or other public authority shall not be deemed not to be a factory, and building operations or works of engineering construction undertaken by or on behalf of the Crown or any such [F4 council or] authority shall not be excluded from the operation of this Act, by reason only that the work carried on thereat is not carried on by way of trade or for purposes of gain.

(10)Premises used for the purpose of housing locomotives or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out shall not be deemed to be a factory by reason only of subsection (2)( f), unless they are premises used for the purposes of a railway undertaking where running repairs to locomotives are carried out.

F1SR 1984/283

F3SRO (NI) 1973/211

F4SRO (NI) 1973/211

176General interpretation.N.I.

(1)In this Act—

(2)For the purposes of this Act, machinery or plant shall be deemed to have been constructed or reconstructed, and a factory or building to havew been constructed, reconstructed, extended, added to, or converted for use as a factory, before any date, if the construction, reconstruction, extension, addition, or conversion was begun before that date.

(3)For the purposes of this Act, a factory shall not be deemed to be a factory in which mechanical power is used by reason only that mechanical power is used for the purpose of heating, ventilating or lighting the workrooms or other parts of the factory.

(4)A woman, young person, or child who works in a factory whether for wages or not, either in a process or in cleaning any part of the factory used for any process, or in cleaning or oiling any part of the machinery or plant, or in any other kind of work whatsoever incidental to or connected with the process, or connected with the article made or otherwise the subject of the process therein, shall, save as is otherwise provided by this Act, be deemed to be employed therein for the purposes of this Act or of any proceedings thereunder,F16. . . .

(5)A young person who works in a factory, whether for wages or not, in collecting, carrying or delivering goods, carrying messages or running errands shall be deemed to be employed in the factory for the purposes of this Act or of any proceedings thereunder, but[F17 section 117 shall not apply], to any such young person who is employed mainly outside the factory.

(6)For the purposes of this Act, employment shall be deemed to be continuous unless interrupted by an interval of at least half an hour.

(7)For the purposes of this Act, an apprentice shall be deemed to be a person employed.

GeneralN.I.

Ss. 177, 178 rep. by SR 1979/246

179Regulations, rules and orders.N.I.

(1)All regulations made under this Act, not being regulations made under section 34(4) or (7) or section 52(2) shall be subject to negative resolution.

Subs. (2) rep. by SR 1979/246

(3)Any power conferred by this Act to prescribe standards or impose requirements shall include power to do so by reference to the approval of the chief inspector [F18 or a person appointed by[F19 the Health and Safety Executive for Northern Ireland]].

F20[(4)The provisions of Article 46 of the Health and Safety at Work (Northern Ireland) Order 1978 [1978 NI 9] shall apply to any power, to make an order which is exercisable by statutory rule and conferred by this Act, as they apply to a power to make regulations.]

(5)Any regulations or order made by the Ministry under this Act may be made for a limited period or without limit of period and may be made subject to such conditions as it thinks fit, and may contain such supplemental and consequential provisions as it considers necessary for giving full effect to the regulations or order.

Subs. (6) rep. by SR 1979/246

(7)For the avoidance of doubt it is hereby declared—

(a)that any order applicable only to particular persons, premises, boilers, employment, operations or work or to persons employed at particular premises or on work supervised from particular premises;

(b)that any order revoking an order which is not a statutory rule within the meaning of the [F21 Statutory Rules (Northern Ireland) Order 1979 [1979 NI 12] ];

made in the exercise of powers conferred by this Act, is not made in the exercise of a power of a legislative character within the meaning of [F21 Article 4( a) of the Statutory Rules (Northern Ireland) Order 1979 [1979 NI 12] ].

F19SR 1999/150

F20SR 1979/246

180Transitional provisions.N.I.

(1)This Act shall have effect subject to the provisions of Schedule 5.

Subs. (2) rep. by SLR 1973

181Construction of references in other enactments to factories and workshops, etc.N.I.

(1)F22 references in any enactment to a factory or workshop within the meaning of the Factory and Workshop Acts 1901 to 1929 or any of those Acts, shall be construed as references to a factory within the meaning of this Act.

Subs. (2) rep. by 1978 NI 9

182Financial provision.N.I.

Except as otherwise provided by this Act, any expenses incurred by the Ministry under this Act shall be paid out of moneys provided by Parliament.

183Short title.N.I.

(1)This Act may be cited as the Factories Act (Northern Ireland) 1965.

Subs. (2) rep. by SLR 1973