FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 174 Relationship of this Act, enactments relating to mines, and Quarries Act (Northern Ireland) 1927 to certain premises.

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FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 174

Relationship of this Act, enactments relating to mines, and Quarries Act (Northern Ireland) 1927 to certain premises.

174.(1) The provisions of this Act shall not apply to any premises forming
part of a mine or quarry.

(2) In the case of any premises to which all or any of the provisions of
this Act would apply but for subsection (1), the Ministries may by order
direct that that subsection shall not apply to the premises and that the
premises shall be treated, for the purposes of [the Mines Act (Northern
Ireland) 1969], as not forming part of a mine or, as the case may be, for the
purposes of the Quarries Act (Northern Ireland) 1927, as not forming part of a
quarry.

(3) In the case of any premises to which all or any of the provisions of
this Act apply, being premises [which would be deemed for the purposes of the
Mines Act (Northern Ireland) 1969 to form part of a mine, but for subsection
(3) of section 156 of the said Act of 1969, or] which would be deemed for the
purposes of the Quarries Act (Northern Ireland) 1927, to form part of a
quarry, but for subsection (3) of section twenty-nine of the said Act of 1927,
the Ministries may by order direct that neither any of the provisions of
this Act nor that subsection shall apply to the premises.

(4) In the case of premises which are a factory within the meaning of
this Act, or to which all or any of the provisions of this Act apply as if the
premises were such a factory, being premises which, though not forming part of
a mine or quarry, are occupied by the owner of a mine or quarry and used
solely for the purpose of the provision or supply for or to a single mine or
quarry, or jointly for or to more than one mine or quarry, of services or
electricity, the Ministries may by order direct that, while the order is in
force, the provisions of this Act shall not apply to the premises, and the
premises shall be deemed for the purposes of [the Mines Act (Northern Ireland)
1969] or, as the case may be, for the purposes of the Quarries Act (Northern
Ireland) 1927, to form part of the mine or quarry or, as the case may be, of
such one of them as may be specified in the order.

(5) References in subsections (1) to (4) to the provisions of this Act shall
be construed as exclusive of references to section 125, and to the other
provisions of this Act in so far as, by virtue of that section, they are
applicable to such operations or works, but section 125 shall not apply to any
building operations undertaken below ground in a mine or to any works of
engineering construction undertaken below ground in a mine.

(6) Where any machinery or apparatus is situate partly in a mine or quarry and
partly in a factory within the meaning of this Act, the Ministries may by
order direct that it shall be deemed for the purposes of this Act and of [the
Mines Act (Northern Ireland) 1969] or, as the case may be, of the Quarries Act
(Northern Ireland) 1927, either to be wholly situate in the factory and not to
be situate in the mine or quarry or to be wholly situate in the mine or quarry
and not to be situate in the factory.

[(6A) The Ministry may make arrangements with the Ministry of Commerce, with
respect to any premises or place in or adjacent to a mine or quarry, for the
exercise by the Ministry of Commerce of any of the functions of the Ministry
under this Act and for the exercise by the Ministry of any of the functions of
the Ministry of Commerce relating to mines and quarries, and it shall be
lawful for the Ministry of Commerce and its officers and the Ministry and its
officers respectively to exercise the said functions in accordance with the
arrangements.]

(7) In this section

"the Ministries" means the Ministry and the Ministry of Commerce;

["mine" has the same meaning as in the Mines Act (Northern Ireland) 1969;]

"quarry" has the same meaning as in the Quarries Act (Northern Ireland) 1927.

1969 c.6

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Northern Irish Legislation

FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 174