46. Unregistered factories

Terms defined in this Act

• factory

  factory

  Defined · s 5

  “factory” means any premises —(a)within which persons are employed in any of the following processes:(i)the handling, sorting, packing, storing, altering, repairing, construction, processing or manufacturing of any goods or product;(ii)the handling, sorting, packing, storing, processing, manufacturing or use of any hazardous substances;(iii)the repair, construction or manufacturing of any vessel or vehicle; (iv)any building operation or work of engineering construction;(v)the operation or maintenance of any facility or system related to the provision of any public utility; and(b)which is specified in the Fourth Schedule.(3) Where any person carries on any work mentioned in subsection (2) in a workplace with the express or implied permission of, or under any agreement with, the occupier of the workplace, then, even though the person is not an employee of the occupier of the workplace —(a)the workplace is to be treated as a factory for the purposes of this Act; and(b)the provisions of this Act relating to the duty of an occupier apply to the occupier of the workplace as if that occupier were the occupier of a factory.(4) Despite subsection (2), where any place situated within a factory is solely used for some purpose other than any of the processes carried on in the factory —(a)the place is not to be treated as forming part of the factory for the purposes of this Act; but(b)the place is, if it would otherwise be a factory, to be treated as a separate factory for the purposes of this Act.(5) A part of a factory may, with the written approval of the Commissioner, be treated as a separate factory for the purposes of this Act.(6) Two or more factories may, with the written approval of the Commissioner, be treated as a single factory for the purposes of this Act.(7) To avoid doubt, premises are not excluded from the definition of a “factory” by reason only that they are open air premises.(8) Any premises in which work is carried on by or on behalf of the Government or any statutory board or body are not excluded from the definition of a “factory” by reason only that the work carried on at the premises is not carried on by way of trade or for purposes of gain. In this Act,

  Open s 5
• premises

  premises

  Defined · s 4

  “premises” includes any place whether enclosed or built on or not, whether situated underground or underwater and, in particular, includes —(a)any building, vehicle, vessel or aircraft;(b)any structure, whether a fixed structure or a movable structure such as a tent; and(c)a part of any premises, including a part of premises of a kind referred to in paragraph (a) or (b);

  Open s 4
• regulations

  regulations

  Defined · s 4

  “regulations” means regulations made under this Act;

  Open s 4