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OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 45

Notification of accidents.

45.(1) The authority having power to enforce, with respect to any premises,
the following provisions of this Act, namely, section 5(2) and sections 6 and
9, may, subject to such conditions as the authority may specify,

(a)exempt the premises or any room therein from all or any of the requirements
imposed by sections 5(2) and 6;

(b)exempt the premises from all or any of the requirements imposed by
section 9;

(2) The authority having power to enforce section 10(1) with respect to any
premises may, if satisfied that it is not reasonably practicable for running
water to be supplied there or for running water so supplied to be heated,
exempt the premises from so much of that subsection as requires the water
supplied to be running water.

(3) An exemption under subsection (1) of, or of a room in, any premises from a
requirement of a provision of this Act may be granted for a period not
exceeding two years, but may from time to time be extended for a further such
period beyond the expiration of the period at the expiration of which it would
otherwise expire if the authority having power to enforce that provision with
respect to the premises are satisfied as mentioned in subsection (1) and are
further satisfied that the person who, if the exemption were not in force,
would be responsible for a contravention in relation to the premises of that
provision (being a contravention consisting in a failure to comply with that
requirement) has not failed to do anything the doing of which might have
rendered compliance with that requirement reasonably practicable.

(4) An exemption under subsection (2) may be granted without limit of time or
for a specified period; but the grant of such an exemption for a specified
period shall not preclude the grant of the like exemption for further periods.

(5) An exemption of, or of a room in, any premises from a requirement imposed
by a provision of this Act shall not be granted or extended under this section

(a)except upon application made to [the authority having power to enforce with
respect to the premises the provision imposing the requirement], in such form
as may be prescribed by order made by the Ministry,

(i)in a case where the grant of an exemption is sought, by the person who
would be responsible for a contravention in relation to the premises of that
provision (being a contravention consisting in a failure to comply with that
requirement);

(ii)in a case where the extension of an exemption is sought, by the person
who, if the exemption were not in force, would be responsible as aforesaid;

(b)unless the application is accompanied by a certificate in such form as may
be so prescribed, that the obligation to which the applicant is subject by
virtue of subsection (6)(a) has been complied with; and

(c)until the expiration of the period of fourteen days beginning with the day
next following that on which the application is made.

(6) In relation to an application for the grant or extension of an exemption
under this section of, or of a room in, any premises, compliance by the
applicant with the following requirements shall be requisite, namely,

(a)he must, immediately before the application is made, post in the premises,
in such a position, and in such characters, as to be easily seen and read by
the persons employed to work in the premises, a notice

(i)stating that such an application is being made;

(ii)specifying the requirement from which exemption or, as the case may be,
further exemption, is being sought;

<(iii)specifying the period for which the grant or, as the case may be, the extension, is being sought (or if, where a grant of exemption is being sought under subsection (2), it be the case that the grant thereof without limit of time is being sought, specifying that fact);


<(iv)specifying the name and address of the authority to whom the application is being made and notifying the persons aforesaid that written representations with respect to the application may be made by any of them to that authority before the expiration of the period of fourteen days beginning with the day next following that on which the notice is posted in compliance with this paragraph;


(b)he must keep the said notice posted as aforesaid throughout the
last-mentioned period;

(7) An exemption under this section of, or of a room in, any premises from a
requirement imposed by a provision of this Act may, if the authority having
power to enforce that provision with respect to the premises cease to be
satisfied with respect to the matters with respect to which they were
satisfied when the exemption was granted or, if the exemption has been
extended under subsection (3), when it was extended, be withdrawn by that
authority provided that three months' notice of intention to withdraw it has
been given to the person who, if the exemption were not in force, would be
responsible for a contravention in relation to the premises of that provision
(being a contravention consisting in a failure to comply with that
requirement).

(8) Where an exemption of, or of a room in, any premises from a requirement
imposed by a provision of this Act or an extension of such an exemption is
granted under this section by an authority, a certificate of the grant or
extension shall be sent by the authority to the person who, if the exemption
were not in force, would be responsible for a contravention in relation to the
premises of that provision (being a contravention consisting in a failure to
comply with that requirement).

(9) A certificate such as is mentioned in subsection (8) shall, so long as the
exemption whose grant or extension is certified thereby continues in force, be
kept posted in the premises to which the exemption relates in such a position
as to be easily seen and read by the persons employed to work in the premises.

(10) Notice of the refusal by an authority to grant or extend an exemption
under this section shall be given by them to the applicant for the grant or
extension and also (if it be the case that representations with respect to the
application were duly made by the persons employed to work in the premises to
which the application related or any of those persons), either individually to
such of those persons as duly made representations or to a person appearing to
the authority to be representative of such of those persons as duly made
representations or to each of a number of persons who appear to the authority
to be representative between them of such of those persons as duly made
representations.

(11) A person who is aggrieved

(a)by the refusal of an authority to grant or extend an exemption under this
section of, or of a room in, any premises; or

(b)by a notice of intention to withdraw such an exemption; or

(c)by any conditions attached to such an exemption;

(12) Where, on an appeal under subsection (11), a court of summary
jurisdiction grants or extends an exemption under subsection (1) for any
period or directs an authority so to grant or extend it, the period shall not
exceed two years.

Subs.(13) rep. by SR 1979/284

(14) In relation to an application made under this section with respect to, or
to a room in, premises which form part of a building to which section 42
applies, subsection (6) shall have effect with the substitution, for the words
in paragraph (a) "post in the premises", of the words "post in the premises or
in a part of the building which for the purposes of section 42 is referred to
as a common part of the building".

Subs.(15) rep. by SR 1979/284

S.46 rep. by SR 1979/284

Notification of fact of employment of persons.



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