73. Premises where part of building is separate factory
Feedback & supportLast amended by an amending law of 1978.
Where a part of a building is let off as a separate factory —
factory
“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:(a)the making of any article or of part of any article;(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,being premises in which, or within the close or curtilage or precincts of which, the work is carried on by way of trade or for purposes of gain and to or over which the employer of the persons employed therein has the right of access or control.(2) Whether or not premises are factories by reason of the foregoing definition, “factory” also includes the following premises in which persons are employed in manual labour:(a)any yard or dry dock (including the precincts thereof) in which ships are constructed, reconstructed, repaired, refitted, finished or broken up;(b)any premises in which the business of sorting 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)any premises in which the construction, reconstruction or repair of locomotives, aircraft, vehicles or other plant for use for transport purposes is carried on as ancillary to a transport undertaking or other industrial or commercial undertaking, not being any premises used for the purpose of housing locomotives, aircraft or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out;(g)any premises in which printing by letter press, 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;(i)any premises in which the business of making or mending nets is carried on incidentally to the fishing industry;(j)any premises in which mechanical power is used in connection with the making or repair of any article incidentally to any business carried on by way of trade or for purposes of gain;(k)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 such theatrical performers shall not be deemed to be employment in a factory;(l)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;(m)any premises used for the storage of gas in a gas-holder having a storage capacity of not less than 140 cubic metres;(n)any premises in which persons are employed in or in connection with the generating of electrical energy for supply by way of trade, or for supply for the purposes of any industrial or commercial undertaking or of any public building or public institution, or for supply to streets or other public places;(o)any premises in which mechanical power is used for the purposes of or in connection with a water supply, being premises in which persons are regularly employed;(p)any sewage works in which mechanical power is used and any pumping station used in connection therewith;(q)any premises in which building operations or works of engineering construction are being carried on.(3) Any line or siding, 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) Any workplace in which, with the permission of or under agreement with the owner or occupier, 10 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 of the workplace, shall be deemed to be a factory for the purposes of this Act, and, in the case of any such workplace, 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.(5) No premises shall be deemed to be a factory in which less than 10 persons are employed and in which —(a)no mechanical power, steam boiler, steam container, steam receiver, cast-iron underfired vulcaniser, air receiver, refrigerating plant pressure receiver or gas plant is used; and(b)no highly inflammable or noxious substance is manipulated, used or created.(6) Where a place situated 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) A part of a factory may, with the approval in writing of the Chief Inspector, be deemed to be a separate factory; and two or more factories may, with the approval in writing of the Chief Inspector, be deemed to be a single factory.(8) Premises shall not be excluded from the definition of a factory by reason only that they are open air premises.(9) Any premises belonging to or in the occupation of the Government or of any statutory board or body shall not be deemed not to be a factory, and any premises in which building operations or works of engineering construction are carried on by or on behalf of the Government or any such board or body 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. Subject to this section,
the provisions of this Act mentioned in this paragraph shall apply to any part of the building used for the purposes of the factory but not comprised therein, that is to say:
the provisions of Part IV with respect to cleanliness and lighting;
the provisions of Part V with respect to prime movers, electric generators and motors, transmission machinery, hoists and lifts, lifting gear, lifting appliances and lifting machines, safe means of access and safe place of employment, steam boilers, steam receivers and steam containers, cast-iron underfired vulcanisers, air receivers and refrigerating plant pressure receivers (including the provisions as to exemptions in respect thereto);
the provisions of Part V as to the power of the Chief Inspector to make orders and the power of the Minister to make orders,and the owner of the building shall be responsible for any contravention of the provisions mentioned in sub-paragraphs (i) and (ii);
the owner of the building shall also be responsible instead of the occupier of the factory, for any contravention as regards the factory of the provisions of Part IV with respect to sanitary conveniences and the provisions of Part V relating to hoists and lifts, prevention of fire, and safety provisions in case of fire, and, for the purposes of section 47 as regards prevention of fire and safety provisions in case of fire, the factory shall be deemed to include any part of the building used for the purpose of the factory,except that the owner of the building 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 any of the provisions of Part V only in so far as those provisions relate to matters within his control.
The occupier of the factory shall, in any event, be responsible for any contravention (whether as regards the factory or otherwise) of any of the provisions of Part V with respect to any machinery or plant belonging to or supplied by him.
occupier
“occupier”, in relation to a factory, means a person who occupies or uses premises as a factory;
In sections 48 and 49, as they apply in relation to the factory and as they are applied by subsection (1)(a)(iii), references to the occupier shall be taken as references to the occupier of the factory or to the owner of the building, according as to which of them is responsible in respect of the matters complained of.
owner
“owner” means the person for the time being receiving the rents or profits of the premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person or who would so receive the rents or profits if the premises were leased;
For the purposes of the provisions applied by subsection (1), lifting appliances or machines attached to the outside of the building, and lifting gear used in connection with those appliances or machines, shall be treated as being in the building.
lifting gear
“lifting gear” includes chains, ropes, chain slings, rope slings, rings, hooks, shackles, swivels or eyebolts;
Where, under subsection (1), any provision is applied containing a reference to the factory records, 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 records to be kept by him, and section 79(2) shall apply in relation to any such records as if the owner were the occupier of a factory.[66