PART VIII.

Special Applications and Extensions.

81. —(1) Subject as hereinafter in this section provided, the owner (whether or not he is one of the occupiers) of a multiple factory shall, instead of the occupier be responsible for any contravention of—

(a) the provisions of Part II of this Act with respect to drainage of floors, sanitary conveniences and (except in the case of any room which is occupied by not more than one tenant) cleanliness, overcrowding, temperature, ventilation and lighting;

(b) the provisions of Part III of this Act with respect to the provision and maintenance of fencing and safety appliances, except in so far as they relate to machinery or plant belonging to or supplied by the occupier of the separate factory, the construction, maintenance, testing and examination of machinery or plant, except such machinery or plant as aforesaid, the construction and maintenance of floors, passages and stairs, and means of escape in case of fire, the provisions of any regulations made under section 46 of this Act and the provisions of any Order made under section 51 of this Act;

(c) the provisions of Part IV of this Act and the provisions of any welfare regulations;

(d) the provisions of Part V of this Act with respect to the removal of dust or fumes, except in the case of any room which is occupied by not more than one tenant;

(e) the provisions of Part VI of this Act, except in the case of any room which is occupied by not more than one tenant;

(f) the provisions of Part XIII of this Act as to posting an abstract and notices;

and for the purpose of the foregoing provisions the whole of a multiple factory or, as the case may be, the whole of such factory except rooms occupied by not more than one tenant shall be deemed to be one factory in the occupation of the owner.

(2) The owner of a multiple factory shall not be responsible for any contravention of a provision mentioned in subsection (1) of this section arising from the use in a separate factory of any fencing, appliances, machinery or plant if the use thereof is a matter outside his control, and the occupier of the separate factory shall be responsible for any such contravention.

(3) The owner of a multiple factory shall be responsible, instead of the occupier, for any contravention in rooms occupied by not more than one tenant of the provisions of Part II of this Act with respect to cleanliness, overcrowding, temperature, ventilation and lighting, or the provisions of Part V of this Act with respect to removal of dust or fumes, where the contravention arises from a failure to carry out any necessary structural work or any defect in any machinery, plant or fixtures belonging to him, and shall only be so responsible for any contravention of the provisions of Part III of this Act with respect to safety provisions in case of fire or any regulation made under section 46 of this Act or the provisions of Part IV of this Act or any welfare regulations, where the contravention arises from any such failure or defect as aforesaid.

(4) The provisions of this Act shall, so far as they are applicable and have not been applied by the foregoing provisions of this section, apply to any part of a multiple 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 Minister may by special regulations modify the provisions of this section in their application to any class or description of multiple factory.

82. —(1) Where a part of a building not being a part of a multiple factory is let off as a separate factory—

(a) the following provisions, that is to say:—

(i) the provisions of Part II of this Act with respect to cleanliness and lighting;

(ii) the provisions of Part III of this Act with respect to prime movers, transmission machinery, hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines, the construction and maintenance of floors, passages and stairs, steam boilers, steam receivers and containers, air receivers, powers of the District Court to make orders as to dangerous conditions and practices and powers of the District Court to make orders as to dangerous factories;

shall apply to any part of the building used for the purposes of the factory but not comprised therein, and the owner of the building shall be responsible for any contravention of the said provisions or any order made thereunder;

(b) the owner of the building shall also be responsible, instead of the occupier of the factory, for any contravention as respects the factory of the provisions of Part II of this Act with respect to sanitary conveniences, the provisions of Part III of this Act with respect to hoists and lifts, steam boilers, means of escape in case of fire and safety provisions in case of fire and the provisions of any regulations made under section 46 of this Act;

(c) for the purposes of the said provisions with respect to means of escape in case of fire and safety provisions in case of fire and the provisions of any regulations made under section 46 of this Act, the factory shall be deemed to include any part of the building used for the purpose of the factory;

but the owner shall be responsible for the cleanliness of sanitary conveniences only when used in common by several tenants, and shall be responsible for any contravention of the provisions relating to hoists and lifts, steam boilers, means of escape in case of fire and safety provisions in case of fire and the provisions of any regulations made under section 46 of this Act only in so far as those provisions relate to matters within his control.

(2) For the purpose of the provisions of Part III of this Act with respect to chains, ropes and lifting tackle and cranes and other lifting machines, as applied by subparagraph (ii) of paragraph (a) of subsection (1) of this section, lifting machines attached to the outside of the building, and chains, ropes and lifting tackle used in connection with those machines, shall be treated as being in the building, but any lifting machine not used for the purposes of the factory, and any chains, ropes or lifting tackle not used in connection with a lifting machine so used, shall be disregarded.

(3) For any contravention (whether as respects the factory or otherwise) of the provisions of Part III of this Act with respect to chains, ropes and lifting tackle, cranes and other lifting machines, steam receivers and containers or air receivers, as applied by subparagraph (ii) of paragraph (a) of subsection (1) of this section—

(a) if it is a contravention with respect to any machinery or plant belonging to or supplied by the occupier of the factory, he shall be responsible, and

(b) if it is not, the owner of the building shall be responsible,

so, however, that the owner shall not be responsible for a contravention of the said provisions in so far as they relate to matters outside his control and for any such contravention as respects the factory the occupier shall be responsible.

(4) As respects the provisions of section 50 and section 51 of this Act as they apply in relation to a factory referred to in subsection (1) of this section and as they are applied by subparagraph (ii) of paragraph (a) of that subsection, references in those provisions to the occupier shall be taken as references to the occupier of the factory or the owner of the building, according to which of them is responsible in respect of the matters complained of.

(5) Where this section applies to any provision containing a reference to the general register, then, in relation to matters in respect of which the owner of the building is responsible, that reference shall be taken as a reference to a register to be kept by him, and subsection (3) of section 112 of this Act shall apply in relation to any register kept by the owner in pursuance of this section as if he were the occupier of a factory.

83. —(1) The provisions of this Act shall apply to any premises in which persons are regularly employed in or in connection with the processes or operations of generating, transforming or converting, or of switching, controlling or otherwise regulating, electrical energy for supply by way of trade, or for supply for the purposes of any transport undertaking or other industrial or commercial undertaking or of any public building or public institution, or for supply to streets or other public places, as if the premises were a factory and the employer of any person employed in the premises in or in connection with any such process or operation were the occupier of a factory.

(2) The provisions of this Act hereinafter in this subsection mentioned shall apply to any other premises in which any such processes or operations as aforesaid are carried on or performed for such supply as aforesaid, being premises large enough to admit the entrance of a person after the machinery or plant therein is in position, as if the premises were a factory and the employer of any person employed in the premises in or in connection with any such process or operation were the occupier of a factory, that is to say:—

(a) the provisions of Part I;

(b) the provisions of Part V with respect to special regulations for safety and health;

(c) the provisions of Part VI;

(d) the provisions of Part X with respect to powers and duties of inspectors and regulations, orders and certificates of the Minister;

(e) the provisions of Part XI;

(f) the provisions of Part XII.

(3) The Minister may by special regulations apply any of the provisions of this Act mentioned in subsection (2) of this section to the machinery or plant used elsewhere than in premises mentioned in that subsection or in subsection (1) of this section, being machinery or plant used in the aforesaid processes or operations and for such supply as aforesaid, as if the machinery or plant were machinery or plant in a factory, and the employer of any person employed in connection with any such use of the machinery or plant were the occupier of a factory.

(4) Subsections (1) and (2) of this section shall not, except in so far as the Minister may by special regulations direct, apply to any premises where the aforesaid processes or operations are only carried on or performed for the immediate purpose of working an electric motor or working any apparatus which consumes electrical energy for lighting, heating, transmitting or receiving messages or communications, or other purposes.

(5) For the purposes of the definition in section 3 of this Act of “factory”, electrical energy shall not be deemed to be an article, but save as aforesaid nothing in this section shall affect the application of this Act to factories within the meaning of that definition.

84. —(1) Where, in any premises forming part of an institution carried on for charitable or reformatory purposes, any manual labour is exercised in or incidental to the making, altering, repairing, ornamenting, finishing, washing, cleaning, or adapting for sale, of articles not intended for the use of the institution, but the premises do not constitute a factory, then, nevertheless, the provisions of this Act shall, subject as hereinafter in this section provided, apply to those premises.

(2) This Act shall not, except in so far as the Minister may by order direct, apply to any premises which do not constitute a factory if the premises are subject to inspection by or under the authority of any Minister of State.

85. —(1) Where, in any premises which are subject to inspection by or under the authority of any Minister of State, mechanical power is used and any manual labour is exercised for the purposes of instruction, in or incidental to the making, altering, repairing, ornamenting, finishing, washing, cleaning or adapting for sale, of any article, and the premises do not constitute a factory, the provisions of this Act hereinafter in this subsection mentioned shall apply as if the premises were a factory and the persons having the control of the premises were the occupier of a factory, that is to say:—

(a) the provisions of Part I;

(b) the provisions of Part II with respect to lighting;

(c) the provisions of Part III with respect to prime movers, transmission machinery, other machinery, safety devices, fencing of materials or articles, unfenced machinery, construction and maintenance of fencing and construction of machinery;

(d) the provisions of Part V with respect to removal of dust or fumes, protection of eyes in certain processes and special regulations for safety and health;

(e) the provisions of Part X with respect to powers and duties of inspectors and regulations, orders and certificates of the Minister;

(f) the provisions of Part XI;

(g) the provisions of Part XII;

(h) the provisions of Part XIII with respect to special regulations.

(2) The provisions of subsection (1) of this section shall not apply in relation to premises referred to in subsection (1) of section 84 of this Act, but the said provisions shall have effect notwithstanding subsection (3) of that section.

86. —(1) The provisions of this Act hereinafter in this subsection mentioned shall apply to every dock, wharf, or quay (including any warehouse belonging to the owners, trustees or conservators of the dock, wharf or quay and any line or siding used in connection with and for the purposes of the dock, wharf or quay and not forming part of a railway or tramway) and every other warehouse (not forming part of a factory) in or for the purposes of which mechanical power is used, as if it were a factory, and as if the person having the actual use or occupation of it, or of any premises within it or forming part of it, were the occupier of a factory, that is to say:—

(a) the provisions of Part I;

(b) the provisions of Part II with respect to sanitary conveniences, to such extent as may be specified, and subject to such adaptations and modifications as may be made, by regulations of the Minister;

(c) the provisions of Part III with respect to steam boilers (including the provisions as to exceptions as to steam boilers) so, however, that the owner of the boiler shall, instead of the person deemed to be the occupier, be responsible for any contravention of the said provisions;

(d) the provisions of Part III with respect to the power of the Minister to require special safety arrangements for the prevention of accidents and to the power of the District Court to make orders as to dangerous conditions and practices;

(e) the provisions of Part IV with respect to welfare regulations;

(f) the provisions of Part V with respect to special regulations for safety and health;

(g) the provisions of Part VI;

(h) the provisions of Part VII so, however, that the said provisions shall apply in the case of warehouses only;

(i) the provisions of this Part with respect to premises where part of a building is a separate factory, subject to such adaptations and modifications as may be made by regulations of the Minister;

(j) the provisions of Part X with respect to appointment and duties of certifying doctors and fees of certifying doctors, subject to such adaptations and modifications as may be made by regulations of the Minister, and the provisions of the said Part X with respect to powers and duties of inspectors and to regulations, orders and certificates of the Minister;

(k) the provisions of Part XI;

(l) the provisions of Part XIII with respect to the abstract of this Act and notices, special regulations, general registers (so far as applicable), preservation of registers and records, subject to such adaptations and modifications as may be made by regulations of the Minister, and the provisions of the said Part XIII with respect to duties of persons employed and the prohibition of deductions from wages.

(2) The provisions of this Act mentioned in paragraph (a), in paragraph (c) (subject to the modification mentioned in that paragraph) and in paragraphs (d), (f), (g), (j), (k), and (l) of subsection (1) of this section shall apply to the processes of loading, unloading or coaling of any ship in any dock, harbour or canal, and to all machinery or plant used in those processes, as if the processes were carried on in a factory and the machinery or plant were machinery or plant in a factory, and the person who carries on those processes were the occupier of a factory, but the provisions of this Act mentioned in the said paragraphs (c) and (d) shall not apply in relation to any such machinery or plant which is on board a ship and is the property of the ship owner.

For the purposes of this subsection, “plant” includes any gangway or ladder used by any person employed to load or unload or coal a ship.

(3) The provisions of Part III of this Act with respect to prime movers, transmission machinery, other machinery, provisions as to unfenced machinery, construction and maintenance of fencing, construction of machinery, cleaning of machinery by women and young persons, training and supervision of young persons working at dangerous machines, hoists and lifts, chains, ropes and lifting tackle, cranes and other lifting machines, construction and maintenance of floors, passages and stairs, and the power of the District Court to make orders as to dangerous factories shall apply to every warehouse mentioned in subsection (1) of this section as if the warehouse were a factory and as if the person having the actual use or occupation thereof were the occupier of a factory.

87. —(1) Subject as hereinafter in this section provided, the provisions of this Act hereinafter in this subsection mentioned shall apply to any work carried out in a harbour or wet dock in constructing, reconstructing, repairing, refitting, painting, finishing or breaking up a ship or in scaling, scurfing or cleaning boilers (including combustion chambers and smoke boxes) in a ship, or in cleaning oil-fuel tanks or bilges in a ship, that is to say:—

(a) the provisions of Part I;

(b) the provisions of Part IV with respect to welfare regulations;

(c) the provisions of Part V with respect to special regulations for safety and health;

(d) the provisions of Part VI;

(e) the provisions of Part X with respect to powers and duties of inspectors and to regulations, orders and certificates of the Minister;

(f) the provisions of Part XI;

(g) the provisions of Part XIII with respect to general registers (so far as applicable), preservation of registers and records, duties of persons employed and the prohibition of deductions from wages;

and for the purpose of such provisions the ship shall be deemed to be a factory, and any person undertaking such work shall be deemed to be the occupier of a factory.

(2) In subsection (1) of this section, the reference to cleaning oil-fuel tanks or bilges in a ship includes a reference to cleaning—

(a) any tank last used for oil of any description carried as cargo, and

(b) any tank or hold last used for any substance so carried of a description specified in regulations of the Minister as being of a dangerous, injurious or offensive nature.

(3) Nothing in this Act shall apply to any work referred to in subsection (1) of this section done by the master or crew of a ship or done on board a ship during a trial run.

88. —(1) Subject as hereinafter in this section provided, the provisions of this Act hereinafter in this subsection mentioned shall apply to building operations undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, and to any line or siding which is used in connection therewith and for the purposes thereof and is not part of a railway or tramway, that is to say:—

(a) the provisions of Part I;

(b) the provisions of Part II with respect to sanitary conveniences;

(c) the provisions of Part III with respect to chains, ropes and lifting tackle and cranes and other lifting machines, steam boilers and air receivers (including the provisions as to exceptions as to steam boilers and air receivers) and the power of the District Court to make orders as to dangerous conditions and practices;

(d) the provisions of Part IV with respect to welfare regulations;

(e) the provisions of Part V with respect to lifting excessive weights and special regulations for safety and health;

(f) the provisions of Part VI;

(g) the provisions of Part VII, subject to such adaptations and modifications as may be made by regulations of the Minister;

(h) the provisions of Part X with respect to powers and duties of inspectors and sanitary authorities and to regulations, orders and certificates of the Minister;

(i) the provisions of Part XI;

(j) the provisions of Part XII;

(k) the provisions of Part XIII with respect to the abstract of this Act and notices, special regulations, general registers (so far as applicable), preservation of registers and records, duties of persons employed and the prohibition of deductions from wages.

(2) The provisions of this Act in their application to building operations shall have effect as if any place where such operations are carried on were a factory, and any person undertaking any such operations to which this Act applies were the occupier of a factory, and with such other adaptations and modifications as may be made by regulations made by the Minister, but such of the provisions of this Act as require general registers to be kept and copies of the prescribed abstract of this Act and of special regulations or the prescribed abstract of such regulations to be kept posted up on the premises shall be deemed to be complied with as respects building operations if the general register is kept at an office of the person undertaking the building operations and copies of the abstract of this Act and of the regulations or abstract thereof are kept posted up at each office, yard or shop of the person undertaking the operations at which persons employed by him on the operations attend, and in a position where they can easily be read by such persons.

(3) The application of this Act to any building operations by virtue of this section shall not be excluded by reason of the fact that they are undertaken on premises to which this Act applies apart from this section nor be taken as prejudicing the application of this Act to those premises apart from this section.

(4) Any person undertaking any such building operations to which this Act applies as may be declared by regulations of the Minister to require notice under this subsection shall, not later than seven days after the beginning of the operations, serve on the Minister a written notice stating the name and postal address of the person so undertaking the operations, the place and nature of the operations, and whether any mechanical power is or is to be used and, if so, its nature.

89. —(1) Subject as hereinafter in this section provided, the provisions of this Act hereinafter in this subsection mentioned shall apply to works of engineering construction undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking, and to any line or siding which is used in connection therewith and for the purpose thereof and is not part of a railway or tramway, that is to say:—

(a) the provisions of Part I;

(b) the provisions of Part II with respect to sanitary conveniences;

(c) the provisions of Part III with respect to chains, ropes and lifting tackle and cranes and other lifting machines, steam boilers and air receivers (including the provisions as to exceptions as to steam boilers and air receivers) and the power of the District Court to make orders as to dangerous conditions and practices;

(d) the provisions of Part IV with respect to welfare regulations;

(e) the provisions of Part V with respect to lifting excessive weights and special regulations for safety and health;

(f) the provisions of Part VI;

(g) the provisions of Part VII, subject to such adaptations and modifications as may be made by regulations of the Minister;

(h) the provisions of Part X with respect to powers and duties of inspectors and sanitary authorities and to regulations, orders and certificates of the Minister;

(i) the provisions of Part XI;

(j) the provisions of Part XII;

(k) the provisions of Part XIII with respect to the abstract of this Act and notices, special regulations, general registers (so far as applicable), preservation of registers and records, duties of persons employed and the prohibition of deductions from wages.

(2) The provisions of this Act in their application to works of engineering construction shall have effect as if any place where such works are carried on were a factory, and any person undertaking any such works to which this Act applies were the occupier of a factory, and with such other adaptations and modifications as may be made by regulations made by the Minister, but such of the provisions of this Act as require general registers to be kept and copies of the prescribed abstract of this Act and of special regulations or the prescribed abstract of such regulations to be kept posted up on the premises shall be deemed to be complied with as respects works of engineering construction if the general register is kept at an office of the person undertaking the works and copies of the abstract of this Act and of the regulations or abstract thereof are kept posted up at each office, yard or shop of the person undertaking the works at which persons employed by him on the works attend, and in a position where they can easily be read by such persons.

(3) The application of this Act to any works of engineering construction by virtue of this section shall not be excluded by reason of the fact that they are undertaken on premises to which this Act applies apart from this section nor be taken as prejudicing the application of this Act to those premises apart from this section.

(4) Any person undertaking any such works of engineering construction to which this Act applies as may be declared by regulations of the Minister to require notice under this subsection shall, not later than seven days after the beginning of the works, serve on the Minister a written notice stating the name and postal address of the person so undertaking the works, the place and nature of the works, and whether any mechanical power is or is to be used and, if so, its nature.

90. —The following provisions of this Act, that is to say:—

(a) the provisions relating to the employment of women and young persons in certain processes connected with lead manufacture and in processes involving the use of lead compounds;

(b) the provisions requiring notification to be sent to the Minister of lead poisoning contracted or occurring in factories;

(c) any provision relating to powers and duties of inspectors and to offences, penalties and legal proceedings;

shall apply to employment in any such processes as aforesaid in any place other than a factory, as if the place were a factory and the employer were the occupier of the factory.