Law

Factories Act 1961

United Kingdom · statute

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In force since 2016-07-12, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 148 provisions
  1. Title and introductory text
  2. 1 Cleanliness.
  3. 2 Overcrowding.
  4. 3 Temperature.
  5. 4 Ventilation.
  6. 5 Lighting.
  7. 6 Drainage of floors.
  8. 7 Sanitary Conveniences.
  9. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  10. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  11. 10A
  12. 11 Power to require medical supervision.
  13. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  14. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  15. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  16. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  17. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  18. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  19. 18 Dangerous substances.
  20. 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  21. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  22. 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  23. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  24. 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  25. 24 Teagle openings and similar doorways.
  26. 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  27. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  28. 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  29. 28 Floors, passages and stairs.
  30. 29 Safe means of access and safe place of employment.
  31. 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  32. 31 Precautions with respect to explosive or inflammable dust, gas, vapour or substance.
  33. 32 Steam boilers—attachments and construction.
  34. 33 Steam boilers—maintenance, examination and use.
  35. 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  36. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  37. 36 Air receivers.
  38. 37 .
  39. 38 .
  40. 39 Precautions as respects water-sealed gasholders.
  41. 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  42. 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  43. 56 Application of Part II to Scotland.
  44. 57 Supply of drinking water.
  45. 58 Washing facilities.
  46. 59 Accommodation for clothing.
  47. 60 Sitting facilities.
  48. 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  49. 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  50. 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  51. 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  52. 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  53. 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  54. 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  55. 69 Underground rooms.
  56. 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  57. 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  58. 73
  59. 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  60. 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  61. 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  62. 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  63. 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  64. 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  65. 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  66. 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  67. 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  68. 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  69. 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  70. 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  71. 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  72. 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  73. 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  74. 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  75. 117 Exemptions from provisions regulating hours of employment.
  76. 118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  77. 119 Power of inspector to require certificate of fitness for work.
  78. 119A Duty of factory occupier to give notice of employment of a young person.
  79. 120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  80. 121 Tenement factories—other provisions.
  81. 122 Parts of buildings let off as separate factories—other provisions.
  82. 123 Application of Act to electrical stations.
  83. 124 Institutions.
  84. 125 Docks, etc.
  85. 126 Ships.
  86. 127 Building operations and works of engineering construction.
  87. 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  88. 129
  89. 130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  90. 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  91. 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  92. 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  93. 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  94. 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  95. 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  96. 137 Notice of occupation of factory, and use of mechanical power.
  97. 138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  98. 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  99. 140 General registers.
  100. 141 Preservation of registers and records.
  101. 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  102. 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  103. 144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  104. 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  105. 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  106. 148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  107. 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  108. 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  109. 153 Provisions as to county and district councils.
  110. 154 Prohibition of disclosure of information
  111. 154A Exception to the prohibition: public authorities
  112. 155 Offences.
  113. 156 Fines for offences for which no express penalty provided.
  114. 157 Power of court to order cause of contravention to be remedied.
  115. 158 Fine for offence by parent.
  116. 159 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  117. 160 Penalty on person actually committing an offence for which other person is primarily liable.
  118. 161 Power of person primarily liable to exempt himself from liability.
  119. 162 Proceedings against persons not primarily liable.
  120. 163 Owner of machine liable in certain cases instead of occupier.
  121. 164 Prosecution of offences and application of fines.
  122. 165 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  123. 166 Special provisions as to evidence.
  124. 167 Proceedings for offences in respect of the employment of children.
  125. 168 Service of documents, etc.
  126. 169 Power of county court or sheriff to modify agreements.
  127. 170 Power of county court or sheriff to apportion expenses.
  128. 171 Application of the Arbitration (Scotland) Act 2010 or the Arbitration Act 1996.
  129. 172 General application.
  130. 173 Application to Crown.
  131. 174
  132. 175 Interpretation of expression “factory".
  133. 176 General interpretation
  134. 177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  135. 178 Certificates of birth.
  136. 179 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  137. 180 Regulations, rules and orders.
  138. 181 Substitution of corresponding provisions for certain provisions of Factory and Workshop Act 1901.
  139. 182 General application to Scotland.
  140. 183 Transitional provisions and repeals.
  141. 184 Construction of references in other enactments to factories and workshops, etc. and exclusion of certain provisions of Public Health (London) Act 1936.
  142. 185 Short title, commencement and extent.
  143. FIRST SCHEDULE
  144. SECOND SCHEDULE
  145. THIRD AND FOURTH SCHEDULES
  146. FIFTH SCHEDULES Provisions of the Factory and Workshop Act 1901 applicable in London and Scotland only . . .
  147. SIXTH SCHEDULE Transitional Provisions
  148. SEVENTH SCHEDULE

Proposed changes to this act

No one has proposed a change to this act yet.

148 provisions

164 Prosecution of offences and application of fines.

(1) All offences under this Act shall be triable summarily. (2) In any proceedings under this Act it shall be sufficient in the information or, in Scotland, complaint to allege that the factory is a factory within the meaning of this Act and to state the name of the ostensible occupier of the factory, or, where the occupier is a firm, the title of the firm. (3), . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4), . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Where any offence is committed under this Act by reason of a failure to make an examination, enter a report, or do any other thing, at or within a time specified by this Act or any regulation or order made thereunder, the offence shall be deemed to continue until the examination is made, or the report entered, or the other thing done, as the case may be. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . all fines imposed in Scotland in respect of offences under this Act shall be paid into the Exchequer. (7) Where a proceeding is taken before a magistrates’ court or other court of summary jurisdiction with respect to an offence under this Act alleged to be committed in or with reference to a factory, no person shall be qualified to act as a member of the court who is the occupier or owner of the factory, or the husband, wife, parent, son, daughter, brother, or sister of the occupier or owner of the factory, or a person engaged in, or an officer of any association of persons engaged in, the same trade or occupation as any person charged with the offence.

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165 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

166 Special provisions as to evidence.

(1) If a person is found in a factory at any time at which work is going on or the machinery is in motion, except during the intervals for meals or rest, he shall, until the contrary is proved, be deemed for the purposes of this Act to have been then employed in the factory, unless the factory is one in which the only persons employed are members of the same family dwelling there. (2) Where in any proceedings under this Act with respect to a young person it appears to the court that that young person is apparently of or below the age alleged by the informant, or, in Scotland, by the prosecutor, it shall lie on the accused to prove that the young person is not of or below that age. (3) Where any entry is required by this Act or by any order or regulations made thereunder to be made in the general register or in any other register or record, the entry made by the occupier of a factory or on his behalf shall, as against him, be admissible as evidence of the facts therein stated, and the fact that any entry so required with respect to the observance of any provision of this Act or of any order or regulation made thereunder has not been made, shall be admissible as evidence that that provision has not been observed.

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167 Proceedings for offences in respect of the employment of children.

For the purposes of any proceedings under this Act in respect of the employment of children in contravention of . . . section one hundred and thirty six of the Education (Scotland) Act 1962 or section one of the Employment of Women, Young Persons, and Children Act 1920 or any other enactment prohibiting the employment of children which is incorporated with this Act, references in this Part of this Act to young persons shall be construed as including references to children within the meaning of any such enactment.

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168 Service of documents, etc.

(1) Any document (including any summons or order) required or authorised to be served under this Act may be served— (a) on any person by delivering it to him, or by leaving it at, or sending it by post to, his residence; (b) on any firm by delivering it to any partner of the firm, or by leaving it at, or sending it by post to, the office of the firm; (c) on the owner or occupier of a factory (including any such owner or occupier being a company to which the Companies Act 1948 applies), in any such manner as aforesaid, or by delivering it, or a true copy thereof, to any person apparently not under the age of sixteen years at the factory. (2) Any such document may be addressed for the purpose of the service thereof on the occupier of a factory, to “the occupier" at the proper postal address of the factory, without further name or description. (3) The foregoing provisions of this section shall apply with the necessary modifications to documents required or authorised under this Act to be sent to any person, firm, owner or occupier, and to the sending, addressing, and delivery of such documents.

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169 Power of county court or sheriff to modify agreements.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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170 Power of county court or sheriff to apportion expenses.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

171 Application of the Arbitration (Scotland) Act 2010 or the Arbitration Act 1996.

Nothing in any of sections 1 to 15 of and schedule 1 to the Arbitration (Scotland) Act 2010 or Part I of the Arbitration Act 1996 applies to proceedings under this Act except in so far as those provisions may be applied by regulations made under this Act.

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172 General application.

Save as in this Act otherwise expressly provided, the provisions of this Act shall apply only to factories as defined by this Act, but shall, except where the contrary intention appears, apply to all such factories

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173 Application to Crown.

(1) This Act applies to factories belonging to or in the occupation of the Crown, to building operations and works of engineering construction undertaken by or on behalf of the Crown, and to the employment by or under the Crown of persons in painting buildings; but in case of any public emergency the Minister may, by order, to the extent and during the period named in the order exempt from this Act any factory belonging to the Crown or any building operations or works of engineering construction undertaken by or on behalf of the Crown, or any factory in respect of work which is being done on behalf of the Crown.

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174

(1) None of the provisions of this Act shall apply to any premises forming part of a quarry. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

175 Interpretation of expression “factory".

(1) Subject to the provisions of this section, the expression “factory” means any premises in which, or within the close or curtilage or preceincts of which, persons are employed in manual labour in any process for or incidental to any of the following purposes, namely:— (a) the making of any article or of part of any article; or (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; (d) the slaughtering of cattle, sheep, swine, goats, horses, asses or mules; or (e) the confinement of such animals as aforesaid while awaiting slaughter at other premises, in a case where the place of confinement is available in connection with those other premises, is not maintained primarily for agricultural purposes within the meaning of the Agriculture Act 1947 or, as the case may be, the Agriculture (Scotland) Act 1948 and does not form part of premises used for the holding of a market in respect of such animals; 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) The expression “factory” also includes the following premises in which persons are employed in manual labour (whether or not they are factories by virtue of subsection (1) of this section), that is to say,— (a) any yard or dry dock (including the precincts thereof) in which ships or vessels are constructed, reconstructed, repaired, refitted, finished or broken up; (b) any premises in which the business of sorting any 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) except as provided in subsection (10) of this section, any premises in which the construction, reconstruction or repair of locomotives, vehicles or other plant for use for transport purposes is carried on as ancillary to a transport undertaking or other industrial or commercial undertaking; (g) any premises in which printing by letterpress, 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; (j) any premises in which the business of making or mending nets is carried on incidentally to the fishing industry; (k) any premises in which mechanical power is used in connection with the making or repair of articles of metal or wood incidentally to any business carried on by way of trade or for purposes of gain; (l) 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 within the meaning of the Theatrical Employers Registration Act 1925 and of attendants on such theatrical performers shall not be deemed to be employment in a factory; (m) 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; (n) any premises used for the storage of gas in a gasholder having a storage capacity of not less than 140 cubic metres. (3) Any line or siding (not being part of a railway or tramway) 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 u sed in connection with more than one factory belonging to different occupiers, the line or siding shall be deemed to be a separate factory. (4) A part of a factory may, with the approval in writing of the chief inspector, be taken to be a separate factory and two or more factories may, with the like approval, be taken to be a single factory. (5) Any workplace in which, with the permission of or under agreement with the owner or occupier, two 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, shall be deemed to be a factory for the purposes of this Act, and, in the case of any such workplace not being a tenement factory or part of a tenement factory, 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. (6) Where a place situate 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) Premises shall not be excluded from the definition of a factory by reason only that they are open air premises. (8) Where the Minister by regulations so directs as respects all or any purposes of this Act, different branches or departments of work carried on in the same factory shall be deemed to be different factories. (9) Any premises belonging to or in the occupation of the Crown or any municipal or other public authority shall not be deemed not to be a factory, and building operations or works of engineering construction undertaken by or on behalf of the Crown or any such authority 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. (10) Premises used for the purpose of housing locomotives or vehicles where only cleaning, washing, running repairs or minor adjustments are carried out shall not be deemed to be a factory by reason only of pararaph (f) of subsection (2) of this section, unless they are premises used for the purposes of a railway undertaking where running repairs to locomotives are carried out.

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176 General interpretation

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:— “bakehouse” means any place in which bread, biscuits or confectionery is or are baked by way of trade or for purposes of gain; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “bodily injury” includes injury to health; “building operation” and “work of engineering construction” mean “construction work" within the meaning assigned to that phrase by regulation 2(1) of the Construction (Design and Management) Regulations 2015; “calendar year” means the period of twelve months beginning with the first day of January in any year; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ child ” means any person who is not over— compulsory school age (construed in accordance with section 8 of the Education Act 1996), or school age (construed in accordance with section 31 of the Education (Scotland) Act 1980); “class or description”, in relation to factories, includes a group of factories described by reference to locality; “contravention” includes, in relation to any provision, a failure to comply with that provision, and the expression “contravene” shall be construed accordingly; “cotton cloth factory” means any room, shed or workshop, or part thereof, in which the weaving of cotton cloth is carried on; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “district council” means, as respects England and Wales, the council of a . . . district, and, as respects Scotland an islands or a district council; “driving-belt” includes any driving strap or rope; “fume” includes gas or vapour; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “humid factory” means a factory in which atmospheric humidity is artificially produced by steaming or other means in connection with any textile process; “inspector” , in relation to a factory, means an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 (“the 1974 Act”)— in the case of a factory on a site in relation to which the Office for Nuclear Regulation has responsibility for the enforcement of any of the relevant statutory provisions (within the meaning of Part 1 of the 1974 Act) by virtue of section 18(1A) or (2) of that Act, by the Office for Nuclear Regulation; in any other case, by the Health and Safety Executive, and references in any provision of this Act to the inspector for the district, the superintending inspector for the division or the chief inspector are references to an inspector so appointed for the purposes of that provision; “machinery” includes any driving-belt; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “maintained” means maintained in an efficient state, in efficient working order, and in good repair; “the Minister” means the Secretary of State; “owner”— as respects England and Wales, means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises were let at a rackrent; and as respects Scotland, means the person for the time entitled to receive or who would, if the same were let, be entitled to receive, the rents of the premises, and includes a trustee, factor, tutor or curator, and in the case of public or municipal property, applies to the persons to whom the management thereof is entrusted; “parent” means a parent of a child or young person or any person who is not a parent of his but who has parental responsibility for him (within the meaning of the Children Act 1989) or who has parental responsibilities in relation to him (within the meaning of section 1(3) of the Children (Scotland) Act 1995), and includes, in relation to any child or young person, any person having direct benefit from his wages; “period of employment” means the period (inclusive of the time allowed for meals and rest) within which persons may be employed on any day; “prescribed” means prescribed by order of the Minister; “prime mover” means every engine, motor or other appliance which provides mechanical energy derived from steam, water, wind, electricity, the combustion of fuel or other source; “process” includes the use of any locomotive; “railway” means any railway used for the purposes of public traffic whether passenger, goods, or other traffic and includes any works of the railway company connected with the railway; “railway company” includes . . . a company or person working a railway under lease or otherwise; “sanitary conveniences” includes urinals, water-closets, earthclosets, privies, ashpits, and any similar convenience; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ship” and “vessel” have the same meaning as “ship” in the Merchant Shipping Act 1995, and “harbour” has the same meaning as in the Merchant Shipping Act 1995; “tenement factory” means any premises where mechanical power from any prime mover within the close or curtilage of the premises is distributed for use in manufacturing processes to different parts of the same premises occupied by different persons in such manner that those parts constitute in law separate factories; “tramway” means a tramway authorised by or under any Act of Parliament and used for the purpose of public traffic; “transmission machinery” means every shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving-belt or other device by which the motion of a prime mover is transmitted to or received by any machine or appliance; “week” means the period between midnight on Saturday night and midnight on the succeeding Saturday night; “woman” means a woman who has attained the age of eighteen; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “young person” means a person who has ceased to be a child but has not attained the age of eighteen. (2) For the purposes of this Act, machinery or plant shall be deemed to have been constructed or reconstructed, and a factory or building to have been constructed, reconstructed, extended, added to, or converted for use as a factory, before any date, if the construction, reconstruction, extension, addition, or conversion was begun before that date. (3) For the purposes of this Act, a factory shall not be deemed to be a factory in which mechanical power is used by reason only that mechanical power is used for the purpose of heating, ventilating or lighting the workrooms or other parts of the factory. (4) A woman, young person, or child who works in a factory, whether for wages or not, either in a process or in cleaning any part of the factory used for any process, or in cleaning or oiling any part of the machinery or plant, or in any other kind of work whatsoever incidental to or connected with the process, or connected with the article made or otherwise the subject of the process therein, shall, save as is otherwise provided by this Act, be deemed to be employed therein for the purposes of this Act or of any proceedings thereunder, . . . . (5) A young person who works in a factory, whether for wages or not, in collecting, carrying or delivering goods, carrying messages or running errands shall be deemed to be employed in the factory for the purposes of this Act or of any proceedings thereunder, but section 119 of this Act shall not apply to any such young person who is employed mainly outside the factory. (6) For the purposes of this Act, employment shall be deemed to be continuous unless interrupted by an interval of at least half an hour. (7) For the purposes of this Act, an apprentice shall be deemed to be a person employed. (8) This Act shall in its application to London have effect as if for references to district councils there were substituted, as respects the City of London references to the common council, . . . (8A) In the application of this Act in relation to Wales— (a) any reference to a district council shall be construed as a reference to a county council or (as the case may be) county borough council; and (b) any reference to the district of a district council shall be construed as a reference to a county or county borough. (9) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment, including this Act.

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177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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178 Certificates of birth.

(1) Where the age of any person is required to be ascertained or proved for the purposes of this Act, any person shall, on presenting a written requisition in such form and containing such particulars as the Secretary of State or, as respects Scotland, the Secretary of State may by regulations prescribe and on payment of the appropriate fee in England and Wales or a fee of £10.00 in Scotland, be entitled to obtain a certified extract under the hand of a registrar or superintendent registrar of births and deaths of the entry in the register under the Births and Deaths Registration Act 1953 or the Registration of Births, Deaths and Marriages (Scotland) Act 1965 of the birth of that person. (2) A form of such a requisition shall on request be supplied without charge by every superintendent registrar and registrar of births and deaths. (3) In subsection (1), “the appropriate fee” means the fee payable to a registrar or superintendent registrar for a certified copy of an entry in the register concerned by virtue of section 38A of the Births and Deaths Registration Act 1953.

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179 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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180 Regulations, rules and orders.

(1) Any regulations, rules or orders made under this Act shall be made by statutory instrument, except an order applicable only to particular persons, premises, boilers, employment, operations or work or to persons employed at particular premises or on work supervised from particular premises. (2) Any statutory instrument containing regulations under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3) Any power conferred by this Act to make regulations, rules or orders shall include power to make different provisions in relation to different circumstances. (4) Any power conferred by this Act to make an order shall include power to revoke such an order by a subsequent order and the provisions of section 50 of the Health and Safety at Work etc. Act 1974 shall apply to any such power which is exercisable by statutory instrument as they apply to a power to make regulations. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Any power conferred by this Act to prescribe standards or impose requirements shall include power to do so by reference to the approval of the chief inspector or of the chief employment medical adviser or a deputy chief employment medical adviser. (7), (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) Any regulations or order made by the Minister under this Act may be made for a limited period or without limit of period and may be made subject to such conditions as he thinks fit, and may contain such supplemental and consequential provisions as he considers necessary for giving full effect to the regulations or order. (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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181 Substitution of corresponding provisions for certain provisions of Factory and Workshop Act 1901.

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182 General application to Scotland.

(1) The provisions of this section shall, in addition to any express provision for the application to Scotland of any provision of this Act, have effect for the general application of this Act to Scotland. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) All matters required by this Act to be published in the London Gazette shall, if they relate to Scotland, be published in the Edinburgh Gazette either in addition or in substitution, as the case may require. (4) Any offence against this Act for which the maximum penalty that may be imposed does not exceed ten pounds may be prosecuted in any court of summary jurisdiction within the meaning of the Criminal Procedure (Scotland) Act 1975 having jurisdiction in the place where the offence was committed. (5), (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Every person convicted of an offence against this Act may be found liable in expenses. (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) Any powers exercisable by an inspector appointed by a county or town council (or, on or after 16th May 1975, by an islands or district council) under section 19 of the Health and Safety at Work etc. Act 1974 shall, for the purposes of their duties under the Public Health (Scotland) Act 1897, extend to factories within the meaning of that Act.

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183 Transitional provisions and repeals.

(1) This Act shall have effect subject to the provisions of the Sixth Schedule to this Act. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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184 Construction of references in other enactments to factories and workshops, etc. and exclusion of certain provisions of Public Health (London) Act 1936.

(1) . . . references in any enactment to a factory or workshop within the meaning of the Factory and Workshop Acts 1901 to 1929, or any of those Acts, shall be construed as references to a factory within the meaning of this Act. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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185 Short title, commencement and extent.

(1) This Act may be cited as the Factories Act 1961. (2) This Act shall come into force on the first day of April, nineteen hundred and sixty-two. (3) This Act, except subsections (1) and (2) of section seventy-seven . . ., does not extend to Northern Ireland.

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SECOND SCHEDULE

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THIRD AND FOURTH SCHEDULES

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FIFTH SCHEDULES Provisions of the Factory and Workshop Act 1901 applicable in London and Scotland only . . .

Section 181. Prohibition of employment of women after childbirth. 61 If the occupier of a factory knowingly allows a woman or girl to be employed therein within four weeks after she has given birth to a child he shall be liable to a fine not exceeding level 1 on the standard scale, or if the offence was committed during the night level 1 on the standard scale, pounds for each person so employed, and in the case of a second or subsequent conviction within two years after the last conviction for the like offence not less than level 1 on the standard scale for each offence. Making of wearing apparel where there is scarlet fever or smallpox. 109 If the occupier of a factory or of any place from which any work is given out, or any contractor employed by any such occupier, causes or allows wearing apparel to be made, cleaned, or repaired, in any dwelling-house or building occupied therewith, while any inmate of the dwelling-house is suffering from scarlet fever or smallpox, then, unless he proves that he was not aware of the existence of the disease in the dwelling-house, and could not reasonably have been expected to become aware of it, he shall be guilty of an offence and liable to a fine not exceeding level 1 on the standard scale pounds. Prohibition of home work in places where there is infectious disease. 110 If any inmate of a house is suffering from an infectious disease to which this section applies, the district council of the district in which the house is situate may make an order forbidding any work to which this section applies to be given out to any person living or working in that house, or such part thereof as may be specified in the order, and any order so made may be served on the occupier of any factory, or any other place from which work is given out, or on the contractor employed by any such occupier. (2) The order may be made notwithstanding that the person suffering from an infectious disease may have been removed from the house, and the order shall be made either for a specified time or subject to the condition that the house or part thereof liable to be infected shall be disinfected to the satisfaction of the designated medical officer, or that other reasonable precautions shall be adopted. (3) In any case of urgency the powers conferred on the district council by this section may be exercised by any two or more members of the council acting on the advice of the designated medical officer. (4) If any occupier or contractor on whom an order under this section has been served contravenes the provisions of the order, he shall be guilty of an offence and liable to a fine not exceeding level 1 on the standard scale. (5) The infectious diseases to which this section applies are the infectious diseases required to be notified under the law for the time being in force in relation to the notification of infectious diseases, and the work to which this section applies is the making, cleaning, washing, altering, ornamenting, finishing and repairing of wearing apparel and any work incidental thereto, and such other classes of work as may be specified by order of the Minister of Health or, as respects Scotland, the Secretary of State.

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SIXTH SCHEDULE Transitional Provisions

Section 183. 1 Any reference in any enactment or document, whether express or implied, to any enactment repealed by this Act or by any enactment so repealed or to any provision contained in any such enactment shall be construed as a reference to this Act or, as the case may be, to the corresponding provision of this Act. 2 Any order, regulation, rule, byelaw or appointment made, direction, certificate or notice given, or other thing done under any provision contained in an enactment repealed by this Act or by an enactment so repealed shall continue in force and— (a) if it could have been made, given or done under the corresponding provision of this Act, shall have effect as if it had been so made, given or done; (b) if it is an order or regulation made under a power which, under the corresponding provision of this Act, is exercisable by a different class of instrument, shall have effect as if it were an instrument of that class made under that provision. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 (1) Subject to sub-paragraph (2) of this paragraph, a factory which has been furnished with a certificate in pursuance of subsection (1) of section fourteen of the Factory and Workshop Act 1901 and a factory in respect of which a notice issued in pursuance of subsection (2) of that section has been complied with, or in respect of which an award has been made under subsection (3) of that section and has been complied with, shall be entitled to receive a certificate under section forty of this Act and, pending the receipt of the certificate, no offence shall be deemed to be committed by reason of the use of the factory while no certificate under this section is in force with respect to it. (2) Sub-paragraph (1) of this paragraph shall only apply to any factory if and so long as the means of escape provided therein are properly maintained, and shall not apply to any factory if, since the certificate was furnished or the notice or award was complied with in pursuance of the said section fourteen, any action has been taken of which notice would, if this Act had been in force and a certificate under section forty had been granted, have been required by section forty-one of this Act to be given to the fire authority. 5 In the case of any factory constructed or converted for use as a factory before the coming into operation of section thirty-four of the Factories Act 1937 (that is to say the first day of July, nineteen hundred and thirty-eight) which is not a factory to which paragraph 4 of this Schedule applies, no offence shall be deemed to be committed under section forty of this Act by reason of the use of the factory during any period that may elapse before the grant or refusal of a certificate under that section by the fire authority, and if the fire authority refuse to grant a certificate in respect of the factory unless alterations are made, no such offence shall be deemed to be committed while the alterations are being carried out in accordance with the requirements of the authority. 6 Where, before the coming into operation of the First Schedule to the Factories Act 1959 (that is to say the first day of December, nineteen hundred and sixty) a certificate was issued under section thirty-four of the Factories Act 1937 with respect to such a factory as is mentioned in paragraph 1 of the Second Schedule to this Act, but— (a) neither the certificate nor a copy thereof was issued to the owner of the building in which the factory is comprised; or (b) neither the certificate nor a copy thereof or of the relevant part thereof was issued to the occupier of the factory; the council by whom the certificate was issued shall, at his request, send him a copy thereof or, as the case may be, of the relevant part thereof; and the owner may, in the case of any such certificate, comply with the requirement as to its registration by attaching a copy thereof to the register mentioned in sub-paragraph (c) of paragraph 8 of the Second Schedule to this Act. 7 Any order made under Regulation 59 of the Defence (General) Regulations 1939 which is in force at the commencement of this Act shall continue in force, but may be revoked by order of the Minister; and any provision made by an order continued in force by this paragraph which could have been made by special regulations under section one hundred and seventeen of this Act shall be deemed, until the order is revoked, to be contained in such regulations. 8 The mention of particular matters in this Schedule shall be without prejudice to the general application of sections 16(1) and 17(2)(a) of the Interpretation Act 1978 (which relates to the effect of repeals).

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SEVENTH SCHEDULE

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