[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> FACTORIES ACT (NORTHERN IRELAND) 1965

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 68

Underground rooms.

68.(1) The chief inspector may certify any underground room as unsuitable for
work other than work involved in the use of the room for the purpose of
storage or such other purpose as the Ministry may by order specify, and where
such a certificate is in force with respect to any room no work for which it
is certified as unsuitable shall be carried on in it.

(2) Where the chief inspector certifies as unsuitable any room which is in
actual use, he shall suspend the operation of the certificate for such period
as he considers reasonable with a view to enabling the occupier to render the
room suitable or to obtain other premises.

(3) Except in the case of a room which on the 1st July 1939 was part of a
factory (within the meaning of the Factories Act (Northern Ireland) 1938, as
originally enacted) and was used for work for which it may be certified as
unsuitable under this sections the occupier of an underground room

(a)shall, before the room is used for work for which it may be certified as
unsuitable under this section, give notice in the prescribed form and
containing the prescribed particulars to the chief inspector; and

(b)shall not use the room for any such process as may be prescribed, being a
process of a hot, wet or dusty nature or which is liable to give off any fume,
without the consent in writing of the chief inspector.

(4) If the occupier is aggrieved by any decision of the chief inspector under
this section, he may, within twenty-one days of the date of issue of the
certificate or the refusal of the consent, as the case may be, appeal by way
of complaint to a court of summary jurisdiction and, pending the final
determination of an appeal against a decision under subsection (1) in the case
of a room in actual use, no offence shall be deemed to be committed under that
subsection in respect of the room to which the appeal related.

(5) In this section

"underground room" means any room which, or any part of which, is so situate
that at least half its height, measured from the floor to the ceiling, is
below the surface of the footway of the adjoining street or of the ground
adjoining or nearest to the room; and

"unsuitable" means unsuitable as regards construction, height, light or
ventilation, or on any hygienic ground, or on the ground that adequate means
of escape in case of fire are not provided.

(6) Any certificate issued under this section may be withdrawn by the chief
inspector if such alterations are made as in his opinion to render the room
suitable.

S.69 rep. by SRO (NI) 1973/211; SR 1979/246. S.70 rep. by SR 1979/246

© 1965 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/fai1965268/s68.html