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FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 123



123.(1) The provisions of this Act specified in subsection (2) shall apply to
every dock, wharf or quay (including any warehouse belonging to the owners,
trustees or commissioners of the dock, wharf or quay, and any line or siding
used in connection with and for the purposes of the dock, wharf or quay and
not forming part of a railway or tramway) and every other warehouse (not
forming part of a factory) in or for the purposes of which mechanical power is
used

(a)as if it were a factory; and

(b)as if the person having the actual use or occupation of it or of any
premises within it or forming part of it, were the occupier of a factory.

(2) The said provisions are:

(a)the provisions of Part II with respect to steam boilers, but with the
modification that the owner of the boiler shall, instead of the person deemed
to be the occupier, be responsible for any contravention of those provisions;

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

Paras.(c)(e) rep. by SR 1979/246

(f)Part V;

(g)the provisions of Part VII with respect to premises where part of a
building is a separate factory, subject to such modifications as may be made
by regulations of the Ministry;

Para.(h) rep. by SR 1979/246

(j) the provisions of Part X with respect to the abstract of this Act and
notices, special regulations, general registers (so far as applicable),
preservation of registers and records, but subject to such modifications as
may be made by regulations of the Ministry ...;

Para.(k) rep. by SR 1979/246

(l)Part XII; and

<(m)Part XIV.


(3) Subject to subsection (4),

(a)the provisions of this Act mentioned in paragraph (a) (subject to the
modification mentioned in that paragraph) and in paragraphs ..., (f), ...,
(j), ..., (l) and (m) of sub-section (2); and

(4) Nothing in subsection (3) shall operate

(a)to apply the provisions mentioned in subsection (2)(a) ... to any machinery
or plant which is on board a ship and is the property of the ship owner; or

(b)to apply the provisions mentioned in subsection (3)(b) to a member of the
crew of a ship.

(5) In subsections (3) and (4) "plant" includes any gangway or ladder used by
any person employed to load or unload or coal a ship.

(6) The provisions of Part II with respect to prime movers,
transmission machinery, other machinery, provisions as to unfenced machinery,
construction and maintenance of fencing, construction and sale of new
machinery, cleaning of machinery by women and young persons, training and
supervision of young persons working at dangerous machines, hoists and lifts,
chains, ropes and lifting tackle, cranes and other lifting machines,
construction and maintenance of floors, passages and stairs, ... shall apply
to every warehouse mentioned in subsection (1) as if the warehouse were a
factory and the person having the actual use or occupation thereof were
the occupier of a factory.

(7) This Act shall not apply to any dock, wharf or quay adjacent to and
belonging to a quarry within the meaning of the Quarries Act (Northern
Ireland) 1927 and used exclusively for purposes connected with such quarry.


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© 1965 Crown Copyright

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