FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 183 Financial provision.

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FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 183

Financial provision.

183.(1) This Act may be cited as the Factories Act (Northern Ireland) 1965.

Subs.(2) rep. by SLR 1973

1. Where a factory which is part of a building is either

(a)a part of a tenement factory; or

(b)a part let off as a separate factory but not a part of a tenement factory;

2. For the purposes of the provisions to which paragraph 1 applies

(a)the whole of a tenement factory shall be deemed to be one factory; and

(b)any such factory as is mentioned in sub-paragraph (b) of that paragraph
shall be deemed to include any part of the building used for the purposes of
the factory.

3. The provisions to which paragraph 1 applies are sections 41 to 48 and 52,
except section 48(1) and (10) and so much of section 42(1) as requires the
means of escape to be kept free from any obstruction caused by the use of the
factory.

4. Section 48(1) and (10) shall apply to any part of a tenement factory which
is not comprised within any of the separate factories as if that part were a
factory and the owner were the occupier thereof.

5. The occupier of any such factory as is mentioned in paragraph 1 shall
inform the owner of the building of any such proposal as is mentioned in
section 42(3).

6. In relation to a building comprising such a factory as is mentioned in
paragraph 1(b), section 48(7) shall have effect as if it required the warning
referred to therein to be a warning in case of fire occurring anywhere in the
building and to be audible in every part of the building which is used for the
purposes of that or any other factory.

7 If on a complaint made by the owner of a building it appears to a court of
summary jurisdiction that any occupier prevents him from carrying out any
work, test or examination which he is required to carry out under the
foregoing provisions of this Schedule, the court may order the occupier to
permit him to do so, and if the occupier fails to comply with any provision of
any such order he shall be guilty of an offence under this Act.

8. In relation to any such factory as is mentioned in paragraph 1, the
provisions of this Act requiring certificates in respect of means of escape in
case of fire and the registration of such certificates and of tests or
examinations carried out in pursuance of section 52 shall have effect subject
to the following modifications, that is to say

(a)the certificate under section 41 shall be issued to the owner of the
building in which the factory is comprised and a copy thereof (or, if the
certificate relates to more than one factory, of the relevant parts thereof)
shall be issued to the occupier of the factory;

(b)where the certificate relates to a tenement factory it shall,
notwithstanding paragraph 2(a), contain particulars as to each of the separate
factories;

(c)the references in section 41(7) and in section 52 to the general register
shall be construed as references to a register to be kept by the owner of the
building, ...;

(d)the reference in section 140(2) to the certificate shall be construed as a
reference to the copy issued in pursuance of this paragraph.

Schedules 3, 4 rep. by SR 1979/246

1. Any reference in any enactment or document, whether express or implied, to
any enactment repealed by this Act or by any enactment so repealed or to any
provision contained in any such enactment shall be construed as a reference to
this Act or, as the case may be, to the corresponding provision of this Act.

2. Any order, regulation, rule, byelaw or appointment made, direction,
certificate or notice given, or other thing done under any provision contained
in an enactment repealed by this Act or by an enactment so repealed shall
continue in force and

(a)if it could have been made, given or done under the corresponding provision
of this Act, shall have effect as if it had been so made, given or done;

(b)if it is an order or regulation made under a power which, under the
corresponding provision of this Act, is exercisable by a different class of
instrument, shall have effect as if it were an instrument of that class made
under that provision.

3.(1) Subject to sub-paragraph (2), a factory which has been furnished with a
certificate in pursuance of subsection (1) of section 14 of the Factory and
Workshop Act 1901 and a factory in respect of which a notice issued in
pursuance of subsection (2) of that section has been complied with, or in
respect of which an award has been made under subsection (3) of that section
and has been complied with, shall be entitled to receive a certificate under
section 41 of this Act and, pending the receipt of the certificate, no offence
shall be deemed to be committed by reason of the use of the factory while no
certificate under this section is in force with respect to it.

(2) Sub-paragraph (1) shall only apply to any factory if and so long as the
means of escape provided therein are properly maintained, and shall not apply
to any factory if, since the certificate was furnished or the notice or award
was complied with in pursuance of the said section 14, any action has been
taken of which notice would, if this Act had been in force and a certificate
under section 41 had been granted, have been required by section 42 to be
given to the fire authority.

4. In the case of any factory constructed or converted for use as a factory
before the coming into operation of section 35 of the Factories Act (Northern
Ireland) 1938 (that is to say the 1st July 1939) which is not a factory to
which paragraph 3 of this Schedule applies, no offence shall be deemed to be
committed under section 41 of this Act by reason of the use of the factory
during any period that may elapse before the grant or refusal of a certificate
under that section by the fire authority, and if the fire authority refuse to
grant a certificate in respect of the factory unless alterations are made, no
such offence shall be deemed to be committed while the alterations are being
carried out in accordance with the requirements of the authority.

5. Where, before the coming into operation of Schedule 1 to the Factories Act
(Northern Ireland) 1959 (that is to say the 1st December 1962) a certificate
was issued under section 35 of the Factories Act (Northern Ireland) 1938 with
respect to such a factory as is mentioned in paragraph 1 of Schedule 2 to
this Act, but

(a)neither the certificate nor a copy thereof was issued to the owner of the
building in which the factory is comprised; or

(b)neither the certificate nor a copy thereof or of the relevant part thereof
was issued to the occupier of the factory;

6. The mention of particular matters in this Schedule shall be without
prejudice to the general application of section 29 of the Interpretation Act
(Northern Ireland) 1954 (which relates to the effect of substituting
provisions).

Schedule 6 rep. by SLR 1973
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Northern Irish Legislation

FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 183
