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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.
© 1965 Crown Copyright
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