FACTORIES ACT (NORTHERN IRELAND) 1965

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FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 175



175.(1) Subject to the provisions of this section, the expression "factory"
means any premises in which, or within the close or curtilage or precincts of
which, persons are employed in manual labour in any process for or incidental
to any of the following purposes, namely:

(a)the making of any article or of part of any article; or

(b)the altering, repairing, ornamenting, finishing, cleaning, or washing or
the breaking up or demolition of any article; or

(c)the adapting for sale of any article;

(2) The expression "factory" also includes the following premises in which
persons are employed in manual labour (whether or not they are factories by
virtue of subsection (1)), that is to say,

(a)any yard or dry dock (including the precincts thereof) in which ships or
vessels are constructed, reconstructed, repaired, refitted, finished or broken
up;

(b)any premises in which the business of sorting any articles is carried on as
a preliminary to the work carried on in any factory or incidentally to the
purposes of any factory;

(c)any premises in which the business of washing or filling bottles or
containers or packing articles is carried on incidentally to the purposes of
any factory;

(d)any premises in which the business of hooking, plaiting, lapping, making-up
or packing of yarn or cloth is carried on;

(e)any laundry carried on as ancillary to another business, or incidentally to
the purposes of any public institution;

(f)except as provided in subsection (10), any premises in which the
construction, reconstruction or repair of locomotives, vehicles or other plant
for use for transport purposes is carried on as ancillary to a transport
undertaking or other industrial or commercial undertaking;

(g)any premises in which printing by letterpress, lithography, photogravure,
or other similar process, or bookbinding is carried on by way of trade or for
purposes of gain or incidentally to another business so carried on;

(h)any premises in which the making, adaptation or repair of dresses, scenery
or properties is carried on incidentally to the production, exhibition or
presentation by way of trade or for purposes of gain of cinematograph films or
theatrical performances, not being a stage or dressing-room of a theatre in
which only occasional adaptations or repairs are made;

(j)any premises in which the business of making or mending nets is carried on
incidentally to the fishing industry;

(k)any premises in which mechanical power is used in connection with the
making or repair of articles of metal or wood incidentally to any business
carried on by way of trade or for purposes of gain;

(l)any premises in which the production of cinematograph films is carried on
by way of trade or for purposes of gain, so, however, that the employment at
any such premises of theatrical performers and of attendants on
theatrical performers shall not be deemed to be employment in a factory;

<(m)any premises in which articles are made or prepared incidentally to the carrying on of building operations or works of engineering construction, not being premises in which such operations or works are being carried on;


(n)any premises used for the storage of gas in a gasholder having a storage
capacity of not less than five thousand cubic feet;

(o)any premises in which the business of flax scutching is carried on.

(3) Any line or siding (not being part of a railway or tramway) which is used
in connection with and for the purposes of a factory, shall be deemed to be
part of the factory; and if any such line or siding is used in connection with
more than one factory belonging to different occupiers, the line or siding
shall be deemed to be a separate factory.

(4) A part of a factory may, with the approval in writing of the chief
inspector, be taken to be a separate factory and two or more factories may,
with the like approval, be taken to be a single factory.

(5) Any workplace in which, with the permission of or under agreement with the
owner or occupier, two or more persons carry on any work which would
constitute the workplace a factory if the persons working therein were in the
employment of the owner or occupier, shall be deemed to be a factory for the
purposes of this Act, and, in the case of any such workplace not being a
tenement factory or part of a tenement factory, the provisions of this Act
shall apply as if the owner or occupier of the workplace were the occupier of
the factory and the persons working therein were persons employed in the
factory.

(6) Where a place situate within the close, curtilage, or precincts forming a
factory is solely used for some purpose other than the processes carried on in
the factory, that place shall not be deemed to form part of the factory for
the purposes of this Act, but shall, if otherwise it would be a factory, be
deemed to be a separate factory.

(7) Premises shall not be excluded from the definition of a factory by reason
only that they are open air premises.

(8) Where the Ministry by regulations so directs as respects all or any
purposes of this Act, different branches or departments of work carried on in
the same factory shall be deemed to be different factories.

(9) Any premises belonging to or in the occupation of the Crown or any
[district council] or other public authority shall not be deemed not to be a
factory, and building operations or works of engineering construction
undertaken by or on behalf of the Crown or any such [council or] authority
shall not be excluded from the operation of this Act, by reason only that the
work carried on thereat is not carried on by way of trade or for purposes of
gain.

(10) Premises used for the purpose of housing locomotives or vehicles where
only cleaning, washing, running repairs or minor adjustments are carried out
shall not be deemed to be a factory by reason only of subsection (2)(f),
unless they are premises used for the purposes of a railway undertaking where
running repairs to locomotives are carried out.
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Northern Irish Legislation

FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 175
