OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966

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OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 42



42.(1) A building to which this section applies is one all parts of which are
in the same ownership and a part of which consists of premises to which
this Act applies, being premises held under a lease or an agreement for a
lease or under a licence; and in this section a reference to a common part of
a building to which this section applies shall be taken to refer to a part of
the building that is used for the purposes of, but is not comprised in, a part
of the building that consists of premises to which this Act applies.

(2) The following provisions shall have effect for securing the cleanliness of
common parts of buildings to which this section applies, that is to say:

(a)every common part of a building to which this section applies, and all
furniture, furnishings and fittings in such a part, shall be kept in a clean
state;

Para.(b) rep. by SR 1979/284

(3) The following provisions shall have effect for securing the illumination
of common parts of buildings to which this section applies, that is to say:

(a)effective provision shall be made for securing and maintaining, in every
such part of a common part of a building to which this section applies as the
following, namely, a part in which persons are working or passing, suitable
and sufficient lighting, whether natural or artificial;

Para.(b) rep. by SR 1979/284

(c)all glazed windows and skylights used for the lighting of a part of a
common part of a building to which this section applies in which the securing
of lighting is required by this subsection to be provided for shall, so far as
reasonably practicable, be kept clean on both the inner and outer surfaces and
free from obstruction;

(d)all apparatus installed in a common part of a builing to which this section
applies for producing artificial lighting in a part of that part in which the
securing of lighting is required by this subsection to be provided for shall
be properly maintained;

(4) Section 16(1) shall apply to floors, stairs, steps, passages and gangways
comprised in, or constituting, a common part of a building to which this
section applies as it applies to floors, stairs, steps, passages and gangways
in premises to which this Act applies, subsection (2) of section 16 shall
apply to a staircase comprised in, or constituting, a common part of such a
building as it applies to such a staircase as is mentioned in that subsection,
and section 16(3) shall apply to an open side of such a staircase as is first
mentioned in this subsection as it applies to an open side of such a staircase
as is mentioned in section 16(2).

(5) In the event of a contravention, in relation to a common part of a
building to which this section applies, of subsection (2) or (3) ..., and in
the event of a contravention, in relation to any thing constituting, or
comprised in, any such common part, of section 16 as applied by subsection
(4), the owner of the building shall be guilty of an offence.

(6) For a contravention, in relation to premises comprised in a building to
which this section applies, of section 9 (other than a contravention
consisting in a failure to keep clean conveniences provided in pursuance of
that section, not being conveniences provided for use jointly by the persons
employed to work in the premises and by other persons), the owner of the
building shall be responsible instead of the occupier of the premises.

(7) For a contravention, in relation to premises comprised in a building to
which this section applies, of section 10 (other than a contravention
consisting in a failure to provide means of cleaning or drying or a failure to
keep clean and in orderly condition the place where facilities are provided in
pursuance of that section, not being facilities provided for use jointly by
the persons employed to work in the premises and by other persons) the owner
of the building shall be responsible instead of the occupier of the premises.

Subs.(8)(9) rep. by SR 1979/284

(10) In the application, to premises comprised in a building to which this
section applies, of the provisions of this Act with respect to fire
precautions, references to the premises shall be construed as including
references to a part of the building that is used for the purposes of, but is
not comprised in, the premises, and references to the owner of the building
shall be substituted for references to the occupier of the premises.

(11) A copy of any fire certificate issued with respect to any premises which,
at the time of the issue of the certificate, are comprised in a building to
which this section applies, shall be sent to the occupier of the premises by
the authority who issued it and section 29(6) shall apply to the copy instead
of to the certificate.

(12) For a contravention, in relation to premises comprised in a building to
which this section applies, of section 28, for a contravention, in relation to
such premises, of section 30(1) (other than a contravention consisting in a
failure to keep means of escape free from obstruction, being a contravention
caused by the use of the premises), and for a contravention, in relation to
such premises, of section 33(3) or of regulations under section 35(1), the
owner of the building shall be responsible instead of the occupier of the
premises.

(13) Section 34(1) shall, in its application to premises comprised in a
building to which this section applies, have effect as if it required the
warning referred to therein to be perceptible in every part of the building
used for the purposes of, but not comprised in, the premises, in every other
set of premises comprised in the building which are premises to which this Act
applies, and in every part of the building used for the purposes of, but not
comprised in, any other such set of premises as aforesaid; and for a
contravention, in relation to premises comprised in such a building, of that
section, the owner of the building shall be responsible instead of the
occupier of the premises.

(14) If, on the hearing of proceedings brought by the owner of a building to
which this section applies upon complaint under Part IX of the Magistrates'
Courts Act (Northern Ireland) 1964, the court is satisfied that the occupier
of any part of the building prevents the owner from making, to premises to
which this Act applies which are comprised in the building, any alterations
the making of which is requisite in order to permit the issue of a
fire certificate with respect to the premises or any alterations specified in
a notice served on him under section 30(4) or 35(2), or prevents the carrying
out, in pursuance of, or of a requirement imposed under, section 34(2), of a
test or examination of means of giving warning in case of fire, the court may
order that occupier to permit the making of the alterations or, as the case
may be, the carrying out of the test or examination.

(15) The occupier of any premises to which this Act applies which are
comprised in a building to which this section applies shall furnish to the
owner of the building any information in the possession of the occupier the
possession of which by the owner is requisite to enable him to comply, in the
case of the premises, with section 30(3), and if the occupier fails so to do
he shall be guilty of an offence.
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Northern Irish Legislation

OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 42
