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FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 114

114.(1) This section applies to young persons

(a)employed in collecting, carrying or delivering goods, carrying messages or
running errands, who are so employed in the business of a factory wholly or
mainly outside the factory or who are so employed in connection with any
business carried on at a dock, wharf, or quay to which section 123 applies, or
any warehouse (except a warehouse which forms part of a factory or which is
occupied for the purposes of his trade by any person carrying on any retail
trade or business, or by any wholesale dealer or merchant), and by a person
having the use or occupation of the dock, wharf, quay or warehouse, or of
premises within it or forming part of it; or

(b)employed in or in connection with any process (not being a process to which
section 124 applies) carried on at any such dock, wharf, quay or warehouse and
by a person having such use or occupation as aforesaid, or in or in connection
with the processes of loading, unloading or coaling any ship in any dock,
harbour or canal.

(2) The employment of all such young persons as aforesaid shall, subject as
hereinafter provided, conform to the following conditions, that is to say:

(a)the total hours worked, exclusive of intervals allowed for meals and rest,
shall not, subject to paragraph (d), exceed forty-eight in any week;

(b)the young person shall not be employed continuously for a spell of more
than five hours without an interval of at least half an hour for a meal or
rest, and where the hours of employment include the hours from half-past
eleven in the morning to half-past two in the afternoon, an interval of not
less than three-quarters of an hour shall be allowed between these hours for
dinner;

(c)on at least one weekday in each week, to be notified in the prescribed form
and manner, the young person shall not be employed after one o'clock in the
afternoon;

(d)the young person, if he has attained the age of sixteen, may, on occasions
of seasonal or other special pressure or in cases of emergency, work overtime,
that is to say, in excess of the permitted weekly hours, but his hours of
overtime work shall not exceed six in any week or fifty in any calendar year,
and where any employer has employed overtime any young persons to whom this
section applies in twelve weeks (whether consecutive or not) in any
calendar year, neither he nor any person succeeding to his business shall
employ young persons to whom this section applies overtime during the
remainder of that year;

(e)the young person shall in every period of twenty-four hours between midday
on one day and midday on the next day be allowed an interval of at least
eleven consecutive hours, which shall include the hours from ten o'clock in
the evening until seven o'clock in the morning;

(f)the employer of any young persons to whom this section applies shall keep
in the prescribed form and manner a record of the prescribed particulars as to
the young persons, including particulars of the hours worked by them and of
the intervals allowed to them for meals and rest, and particulars of all
overtime employment shall be separately entered in the record;

(g)sections 87, 93, 94 and 108 shall apply, subject to the prescribed
adaptations to the employment of young persons to whom this section applies;

(h)any further conditions, which may include conditions with respect to the
daily period of employment, prescribed by regulations of the Ministry for the
purpose of safeguarding the welfare and interests of the young persons or any
class of them, shall be complied with.

(3) Where a young person to whom this section applies is, in addition to being
employed in employment mentioned in subsection (1), also employed by the same
employer in any other employment, any reference in subsection (2) to
employment shall in relation to that young person, include a reference to that
other employment.

(4) The employer of any young person to whom this section applies may give
notice to the chief inspector that he wishes to substitute for the provisions
of this section the foregoing provisions of this Part, and, unless and until
the notice is withdrawn by another notice, those provisions shall apply
accordingly, subject to the prescribed adaptations, to all such young persons
employed by him.

Any notice given under this subsection (including a notice of withdrawal)
shall be in the prescribed form and shall take effect from such date after it
is given as may be prescribed.

(5) For the purposes of this section, a young person shall be deemed to be
employed by the person for whom he works, whether or not he receives any wages
for his work.

Exceptions from provisions regulating hours of employment.

© 1965 Crown Copyright

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