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FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 176

1927 c.19

176.(1) In this Act

"bakehouse" means any place in which bread, biscuits or confectionery is or
are baked by way of trade or for purposes of gain;

"bodily injury" includes injury to health;

"building operation" means the construction, structural alteration, repair or
maintenance of a building (including repointing, redecoration and external
cleaning of the structure), the demolition of a building, and the preparation
for, and laying the foundation of, an intended building, but does not include
any operation which is a work of engineering construction within the meaning
of this Act;

"calendar year" means the period of twelve months beginning with the first day
of January in any year;

Definition rep. by SR 1979/246

"child" has the meaning assigned to it by section 84(2);

"class or description", in relation to factories, includes a group of
factories described by reference to locality;

"degrees" means degrees Fahrenheit;

Definition rep. by SRO (NI) 1973/211

"driving-belt" includes any driving strap or rope;

["the fire authority" means the Fire Authority for Northern Ireland;]

"fume" includes gas or vapour;

"general register" means the register kept in accordance with the requirements
of section 140;

"government chemist" means the officer appointed by the Minister of Finance
under the Administrative Provisions Act (Northern Ireland) 1928 to be the
government chemist for Northern Ireland;

Definition rep. by SRO (NI) 1973/211

["Health and Social Services Board" means a Health and Social Services Board
established under Article 16 of the Health and Personal Social Services
(Northern Ireland) Order 1972;]

"humid factory" means a factory in which atmospheric humidity is artificially
produced by steaming or other means in connection with any textile process;

["inspector" means an inspector appointed by the Department of Manpower
Services under Article 21 of the Health and Safety at Work (Northern Ireland)
Order 1978 and references in any provision of this Act to the chief inspector
are references to an inspector so appointed who is authorised for the purposes
of that provision;]

"machinery" includes any driving-belt;

"maintained" means maintained in an efficient state, in efficient working
order, and in good repair;

"the Minister" and "the Ministry" mean respectively the Minister and Ministry
of Health and Social Services;

Definition rep. by 1972 NI 14 art.109(3) sch.18

"owner" means the person for the time being receiving the rackrent of the
premises in connection with which the word is used, whether on his own account
or as agent or trustee for another person, or who would so receive the
rackrent if the premises were let at a rackrent;

"parent" means a parent or guardian of, or person having the legal custody of,
or the control over, a child or young person, and includes, in relation to any
child or young person, any person having direct benefit from his wages;

"period of employment" means the period (inclusive of the time allowed for
meals and rest) within which persons may be employed on any day;

"prescribed" means prescribed by order of the Ministry;

"prime mover" means every engine, motor or other appliance which provides
mechanical energy derived from steam, water, wind, electricity, the combustion
of fuel or other source;

"process" includes the use of any locomotive;

"railway" means any railway used for the purposes of public traffic whether
passenger, goods, or other traffic and includes any works of the
railway company connected with the railway;

"railway company" includes a company or person working a railway under lease
or otherwise;

"sanitary conveniences" includes urinals, water-closets, earth-closets,
privies, ashpits, and any similar convenience;

Definition rep. by SR 1979/246

"ship", "vessel", and "harbour" have the same meanings as in the
Merchant Shipping Act 1894;

"tenement factory" means any premises where mechanical power from any
prime mover within the close or curtilage of the premises is distributed for
use in manufacturing processes to different parts of the same premises
occupied by different persons in such manner that those parts constitute in
law separate factories;

"theatrical performer" includes any actor, singer, dancer, acrobat or
performer of any kind employed to act, sing, dance, play or perform in any
theatre, music hall or other place of public entertainment, or to rehearse
with a view to so acting, singing, dancing, playing or performing, as well as
any person employed to take part in the acting or representation of any play,
act, event or scene being photographed or otherwise recorded as a picture or
pictures or other optical effect suitable or intended for being exhibited by
means of a cinematograph or other similar apparatus; and the term
theatrical performer shall include all persons employed or engaged for
purposes of a chorus or crowd, but shall not include stage hands and members
of an orchestra;

"tramway" means a tramway authorised by or under any Act of Parliament and
used for the purpose of public traffic;

"transmission machinery" means every shaft, wheel, drum, pulley, system of
fast and loose pulleys, coupling, clutch, driving-belt or other device by
which the motion of a prime mover is transmitted to or received by any machine
or appliance;

"week" means the period between midnight on Saturday night and midnight on the
succeeding Saturday night;

"woman" means a woman who has attained the age of eighteen;

"work of engineering construction" means the construction of any railway line
or siding otherwise than upon an existing railway, and the construction,
structural alteration or repair (including repointing and repainting) or the
demolition of any dock, harbour, inland navigation, tunnel, bridge, viaduct,
waterworks, reservoir, pipe-line, aqueduct, sewer, sewage works, or gasholder,
except where carried on upon a railway or tramway, and includes such other
works as may be specified by regulations of the Ministry;

"young person" means a person who has ceased to be a child but has not
attained the age of eighteen.

(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, except that a woman employed solely in cleaning a factory or any
part thereof, otherwise than in cleaning which is incidental to or connected
with any process, shall not be deemed for the purposes of Part VI of this Act
to be employed in the factory.

(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 the provisions of Part VI of this Act shall
not apply, except as expressly provided, 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.

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


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