- Latest available (Revised)
- Point in Time (01/01/1993)
- Original (As enacted)
Version Superseded: 23/03/1995
Point in time view as at 01/01/1993.
There are currently no known outstanding effects for the Offices, Shops and Railway Premises Act 1963, Cross Heading: General Provisions.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Textual Amendments
F127(1)(2), 47, 51, 79 repealed by S.I. 1975/1011, Sch.
(1)Any regulations or orders made under this Act by the Minister . . . F2 shall be made by statutory instrument.
(2)A statutory instrument containing regulations under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)Any power conferred by this Act to make regulations and any power conferred by or by virtue of this Act to make an order . . . F2 shall respectively include power to make different provision in relation to different circumstances.
(4)Any power conferred by this Act to prescribe standards or impose requirements shall include power to do so by reference to the approval of [F3the Health and Safety Executive].
(5),(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
(7)Any power conferred by or by virtue of this Act to make an order shall include power to vary or revoke the order by a subsequent order [F5and the provisions of section 50 of the M1Health and Safety at Work etc. Act 1974 shall apply to any such power as they apply to a power to make regulations.]
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
Textual Amendments
F2Words repealed by S.I. 1974/1943, reg. 4, Sch. 1
F3Words substituted by S.I. 1974/1943, Sch. 2 para. 13
F4Ss. 3(3), 4(3), 6(5), 7(2), 8(2), 9(3)(4), 10(3)(4), 12(3), 20–22, 23(2), 25, 26, 27(3), 42(8)–(10), 43(6)–(8), 45, 46(12)(14), 49(2), 50, 54, 56–58, 61, 62, 65, 66, 68, 70(2)–(4), 71(1), 74(2)–(4), 75(2), 80(5)(6)(8), 81, Sch. 1 repealed by S.I. 1974/1943, reg. 4, Sch. 1
F5Words added by S.I. 1974/1943, Sch. 2 para. 14
Marginal Citations
Textual Amendments
(1)There shall be defrayed out of moneys provided by Parliament—
(a)any expenses incurred by the Minister in carrying this Act into effect;
(b)any increase attributable to this Act in the expenses of the Minister of Power which, by virtue of section 3(3) of the M2Ministry of Fuel and Power Act 1945, are defrayed out of moneys so provided;
(c)any increase attributable to this Act in the sums payable by way of General Grant, Rate Deficiency Grant or Exchequer Equalisation Grant under the enactments relating to local government in England and Wales or in Scotland.
(2)Any sums received under this Act by the Minister shall be paid into the Exchequer.
Marginal Citations
(1)The following provisions of this Act, namely sections 4 to [F719], F8. . . 24, 27, . . . F9 42 and 43 shall, in so far as they impose duties failure to comply with which might give rise to a liability in tort, be binding upon the Crown, and accordingly, for the purposes of those provisions and regulations under any of them, persons in the service of the Crown shall be taken to be employed if, apart from this subsection, they would not be so taken.
(2)Section 24(7) of this Act shall, in its application to premises occupied by the Crown, have effect with the substitution, for the reference to the authority having power to enforce compliance with the foregoing provisions of that section, of a reference [F10to the Health and Safety Executive].
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
(4)Section 46 of this Act shall, in the case of premises occupied by the Crown, have effect as if, for any reference to an authority having power to enforce any provision of this Act, there were substituted a reference [F10to the Health and Safety Executive] and as if the words in subsection (3) from “and are further satisfied” onwards, and [F12subsections (5) to (13)], had been omitted; . . . F13
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
(6)The reference in subsection (1) of this section to a liability in tort shall be construed as not including such a liability towards a member of the armed forces of the Crown, and the reference in that subsection to persons in the service of the Crown shall be construed as not including any such member.
(7)In the application of this section to Scotland any reference to a liability in tort shall be construed as a reference to a liability in reparation arising from any wrongful or negligent act or omission.
Textual Amendments
F7Words substituted by virtue of S.I. 1975/1011, reg. 2(b)
F8Words in s. 83(1) repealed (1.1.1993) by S.I. 1992/2793, reg. 8(1), Sch. 2 Pt.I.
F9Words repealed by S.I. 1976/2005, Sch.
F10Words substituted by virtue of S.I. 1974/1943, Sch. 2 para. 15(a)
F1128–41, 42(11)(12)(14)–(16), 43(9)(10)(12)–(14) , 60(1), 71(2), 76(1)(2), 83(3) repealed by S.I. 1976/2005, Sch.
F12Words substituted by S.I. 1974/1943, Sch. 2 para. 15(c)
F13Words repealed by S.I. 1974/1943, reg. 4, Sch. 1
F14S. 83(5) repealed by S.I. 1989/1903, reg. 7(1)
(1)This Act shall not operate to create, towards a member of the naval, military or air forces of a country to which this section applies, a liability in tort against the Government of that country in respect of anything done or omitted by it or against another member of those forces in respect of anything done or omitted by him in the course of his duty.
(2)[F15(2) This section applies to India, [F16Pakistan,] Ghana, the Federation of Malaya, the Republic of Cyprus, Tanganyika, Zambia, Botswana, Lesotho, Singapore, Swaziland, Tonga, Bangladesh, Western Samoa, Nauru, the New Hebrides [F17, Brunei, Maldives][F18, Namibia]and any country designated for the purposes of any provision of the M3Visiting Forces Act 1952 by Order in Council under section 1(2) of that Act.]
[F19(2A) This Act shall not operate to create towards a member of a headquarters or organisaion designated for the purposes of the M4International Headquarters and Defence Organisations Act 1964 who is a member of the naval, military or air forces of any country a liability in tort against the headquarters or organisation in respect of anything done or omitted by it or against another member thereof in respect of anything done or omitted by him in the course of his duty.]
Textual Amendments
F15S. 84(2) reproduced as amended by enactments listed in the Chronological Table of the Statutes and Papua New Guinea, Western Samoa and Nauru (Miscellaneous Provisions) Act 1980 (c. 2), Sch. para. 13 and New Hebrides Act 1980 (c. 16), Sch. 1 para. 8
F16Word inserted by Pakistan Act 1990 (c. 14, SIF 26:30), s. 1, Sch. para. 6
F17Words inserted by Brunei and Maldives Act 1985 (c. 3, SIF 26:9A), s. 1, Sch. para. 7
F18Words in s. 84(2) inserted (retrospective to 21. 3. 1990) by Namibia Act 1991 (c. 4, SIF 26:25A), s. 1, Sch. para. 5 (with s. 2(2))
F19S. 84(2A) inserted by S.I. 1965/1536, Sch. 3
Marginal Citations
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20 nothing in this Act shall apply to any premises which, for the purposes of the M5Factories Act 1961, form part of a factory.
(2)With the exception of section 75(3) of this Act, nothing in this Act shall apply to any premises which, not being office premises, are used for the sale of fish by wholesale and constitute, or are comprised in, premises to which certain provisions of the Factories Act 1961 apply by virtue of section 125(1) (docks, etc.) of that Act.
(3)Nothing in this Act shall apply to any part below ground of premises which, for the purposes of the M6Mines and Quarries Act 1954, are a mine.
(1)It shall be a defence in any legal proceedings to recover damages and in any prosecution, in so far as the proceedings or prosecution are or is based on an allegation of a contravention, in relation to any premises, of a provision of this Act or regulations thereunder, to prove that at the time of the alleged contravention the premises were occupied for a purpose that was accomplished before the expiration of a period beginning with the day on which they were occupied for that purpose and of such of the following lengths as is applicable to the circumstances of the case, that is to say, six months if the premises consist of a movable structure, and six weeks if not.
(2)The foregoing subsection shall not apply to a prosecution for an offence consisting in a failure to comply with an obligation imposed under section 49(1) of this Act to notify the appropriate authority that persons would be employed to work in any premises; but in any such prosecution it shall be a defence to prove that the persons in question were employed to work in the premises while they were occupied as mentioned in the foregoing subsection.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: