122 Parts of buildings let off as separate factories—other provisions.
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Propose a changeLaw
Factories Act 1961
United Kingdom · statute
Ask the law about thisMore laws of United KingdomFor machines: Markdown
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.
sha256 f4663910f20cc3bc4fa1fcc5baae8f84b66facc8a5a1100d4c6ae6dcce4a82cd
Contents: 148 provisions
- Title and introductory text
- 1 Cleanliness.
- 2 Overcrowding.
- 3 Temperature.
- 4 Ventilation.
- 5 Lighting.
- 6 Drainage of floors.
- 7 Sanitary Conveniences.
- 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 10A
- 11 Power to require medical supervision.
- 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 18 Dangerous substances.
- 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 24 Teagle openings and similar doorways.
- 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 28 Floors, passages and stairs.
- 29 Safe means of access and safe place of employment.
- 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 31 Precautions with respect to explosive or inflammable dust, gas, vapour or substance.
- 32 Steam boilers—attachments and construction.
- 33 Steam boilers—maintenance, examination and use.
- 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 36 Air receivers.
- 37 .
- 38 .
- 39 Precautions as respects water-sealed gasholders.
- 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 56 Application of Part II to Scotland.
- 57 Supply of drinking water.
- 58 Washing facilities.
- 59 Accommodation for clothing.
- 60 Sitting facilities.
- 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 69 Underground rooms.
- 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 73
- 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 117 Exemptions from provisions regulating hours of employment.
- 118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 119 Power of inspector to require certificate of fitness for work.
- 119A Duty of factory occupier to give notice of employment of a young person.
- 120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 121 Tenement factories—other provisions.
- 122 Parts of buildings let off as separate factories—other provisions.
- 123 Application of Act to electrical stations.
- 124 Institutions.
- 125 Docks, etc.
- 126 Ships.
- 127 Building operations and works of engineering construction.
- 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 129
- 130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 137 Notice of occupation of factory, and use of mechanical power.
- 138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 140 General registers.
- 141 Preservation of registers and records.
- 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 153 Provisions as to county and district councils.
- 154 Prohibition of disclosure of information
- 154A Exception to the prohibition: public authorities
- 155 Offences.
- 156 Fines for offences for which no express penalty provided.
- 157 Power of court to order cause of contravention to be remedied.
- 158 Fine for offence by parent.
- 159 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 160 Penalty on person actually committing an offence for which other person is primarily liable.
- 161 Power of person primarily liable to exempt himself from liability.
- 162 Proceedings against persons not primarily liable.
- 163 Owner of machine liable in certain cases instead of occupier.
- 164 Prosecution of offences and application of fines.
- 165 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 166 Special provisions as to evidence.
- 167 Proceedings for offences in respect of the employment of children.
- 168 Service of documents, etc.
- 169 Power of county court or sheriff to modify agreements.
- 170 Power of county court or sheriff to apportion expenses.
- 171 Application of the Arbitration (Scotland) Act 2010 or the Arbitration Act 1996.
- 172 General application.
- 173 Application to Crown.
- 174
- 175 Interpretation of expression “factory".
- 176 General interpretation
- 177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 178 Certificates of birth.
- 179 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 180 Regulations, rules and orders.
- 181 Substitution of corresponding provisions for certain provisions of Factory and Workshop Act 1901.
- 182 General application to Scotland.
- 183 Transitional provisions and repeals.
- 184 Construction of references in other enactments to factories and workshops, etc. and exclusion of certain provisions of Public Health (London) Act 1936.
- 185 Short title, commencement and extent.
- FIRST SCHEDULE
- SECOND SCHEDULE
- THIRD AND FOURTH SCHEDULES
- FIFTH SCHEDULES Provisions of the Factory and Workshop Act 1901 applicable in London and Scotland only . . .
- SIXTH SCHEDULE Transitional Provisions
- SEVENTH SCHEDULE
Proposed changes to this act
No one has proposed a change to this act yet.
148 provisions
123 Application of Act to electrical stations.
(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) Where any such process or operation is carried on or performed for such a supply as is mentioned in subsection (1) of this section but in other premises than those mentioned therein, then, if the premises are large enough to admit the entrance of a person after the machinery or plant therein is in position, the following provisions of this Act shall apply to the premises as if they were a factory and the employer of any person employed therein in or in connection with any such process or operation were the occupier of the factory, that is to say,— (a) the provisions of sections fifty and fifty-one so far as they enable the Minister to make regulations; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) Part V; (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) Part XII; (f) Part XIII; (g) Part XIV. (3) The Minister may by regulations apply any of the provisions mentioned in subsection (2) of this section to any machinery or plant used— (a) in such processes or operations as are mentioned in subsection (1) of this section and for such a supply as is mentioned therein; but (b) elsewhere than in such premises as are mentioned in subsection (1) or subsection (2) of this section, 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 regulations direct, apply to any premises where the said 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.
Propose a change124 Institutions.
(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, the provisions of this Act shall nevertheless apply to the premises, . . . (2), (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change125 Docks, etc.
(1) The provisions of this Act specified in subsection (2) of this section 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— (a) as if it were a factory; and (b) 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. (2) The said provisions are:— (a) the provisions of Part II with respect to steam boilers, but with the modification that the owner of the boiler shall, instead of the person deemed to be the occupier, be responsible for any contravention of those provisions: (b) the provisions of sections fifty and fifty-one so far as they enable the Minister to make regulations; (c)—(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) Part V; (g) the provisions of Part VII with respect to premises where part of a building is a separate factory, subject to such modifications as may be made by regulations of the Minister; (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (j) the provisions of Part X with respect to . . . . . ., ..., preservation of registers and records, but subject to such modifications as may be made by regulations of the Minister, . . . ; (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (l) Part XII; and (m) Part XIV. (3) Subject to subsection (4) of this section,— (a) the provisions of this Act mentioned in paragraph (a) (subject to the modification mentioned in that paragraph) and in paragraphs . . . , (f), . . . , (j), . . . , (l) and (m) of subsection (2) of this section; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . shall apply to the process 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. (4) Nothing in this section shall apply to any machinery or plant which is on board a ship and is the property of the ship owner or charterer, or is rented, leased or hired by him or his agent, or is being purchased by him or his agent under a hire-purchase agreement or a conditional sale agreement (each within the meaning of section 53 of the Health and Safety at Work etc. Act 1974). (5) In subsections (3) and (4) of this section “plant” includes any gangway or ladder used by any person employed to load or unload or coal a ship. (6) The provisions of Part II of this Act with respect to prime movers, transmission machinery, other machinery, provisions as to unfenced machinery, construction and maintenance of fencing, construction and sale of new 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, . . . shall apply to every warehouse mentioned in subsection (1) of this section as if the warehouse were a factory and the person having the actual use or occupation thereof were the occupier of a factory ,except that this subsection shall not operate to apply the provisions to chains, ropes and lifting tackle, cranes and other lifting machines, or to the construction and maintenance of floors, passages and stairs, in warehouses which are dock premises. (7) The provisions of Part II of this Act, and any regulations made under that Part, with respect to prime movers, transmission machinery, other machinery, provisions as to unfenced machinery, construction and maintenance of fencing, hoists and lifts shall apply to all dock premises as if the dock premises were a factory, and the person having the control of such matter were the occupier of the factory in respect of that matter. (8) The provisions of section 173 of this Act (application to Crown) shall apply to all dock premises as if the dock premises were a factory, but only for the purpose of applying to the Crown such provisions of this Act as are applied to docks, wharfs, quays and dock premises by virtue of the foregoing provisions of this section. (9) In subsections (6), (7) and (8) of this section “ dock premises ” means any dock, wharf, quay, jetty or other place at which ships load or unload goods or embark or disembark passengers, together with neighbouring land or water which is used or occupied, or intended to be used or occupied, for those or incidental activities, and any part of a ship when used for those or incidental activities.
Propose a change126 Ships.
(1) Subject to subsection (3) of this section, the provisions of this Act specified in subsection (2) of this section 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 or any tank in a ship last used for oil of any description carried as cargo or 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 or injurious nature; and for the purposes of those provisions as so applying the ship shall be deemed to be a factory, and any person undertaking the work shall be deemed to be the occupier of a factory. (2) The said provisions are:— (a) the provisions of sections fifty and fifty-one so far as they enable the Minister to make regulations; (b)—(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) Part V; (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (j) the provisions of Part X with respect to ..., preservation of registers and records, . . . (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (l) Part XII; (m) Part XIV. (3) Nothing in this Act shall apply to any such work as is mentioned in subsection (1) of this section which is done by the master or crew of a ship or done on board a ship during a trial run.
Propose a change127 Building operations and works of engineering construction.
(1) Subject to the following provisions of this section, the provisions of this Act specified in subsection (2) of this section shall apply— (a) to building operations; and (b) 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 purposes thereof and is not part of a railway or tramway. (2) The said provisions are:— (a) the provisions of Part I with respect to sanitary conveniences; (b) the provisions of sections fifty and fifty-one so far as they enable the Minister to make regulations; (c) the provisions of Part II with respect to steam boilers and air receivers . . . (d), (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) Part V; (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (j) the provisions of Part X with respect to . . . . . ., ..., preservation of registers and records, . . . (k) the provisions of Part XI with respect to . . . duties of . . . district councils; (l) Part XII; (m) Part XIII; (n) Part XIV. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The provisions of this Act in their application to building operations or to works of engineering construction shall have effect as if any place where such operations or works are carried on were a factory and any person undertaking any such operations or 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. (5) The provisions of this Act requiring ... registers to be kept . . . shall be deemed to be complied with as respects building operations or works of engineering construction if the register is kept at an office of the person undertaking the operations or works . . .. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) The application of this Act to any building operations or works of engineering construction by virtue of the foregoing provisions 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 those provisions; and nothing in this section shall be taken as prejudicing the application of this Act to those premises apart from this section.
Propose a change128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change129
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2)—(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change137 Notice of occupation of factory, and use of mechanical power.
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Propose a change138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change140 General registers.
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Propose a change141 Preservation of registers and records.
Any register or record kept in pursuance of this Act shall be preserved and shall be kept available for inspection by any inspector or by an employment medical adviser for at least two years, or such other period as may be prescribed for any class or description of register or record, after the date of the last entry in the register or record.
Propose a change142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change144 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change148 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change153 Provisions as to county and district councils.
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Propose a change154 Prohibition of disclosure of information
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Propose a change154A Exception to the prohibition: public authorities
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Propose a change155 Offences.
(1) In the event of any contravention in or in connection with or in relation to a factory of the provisions of this Act, or of any regulation or order made thereunder, the occupier, or (if the contravention is one in respect of which the owner is by or under this Act made responsible) the owner, of the factory shall, subject to the following provisions of this Part of this Act, be guilty of an offence. (2) In the event . . . of a contravention by any person of any regulation or order made under this Act which expressly imposes any duty upon him, that person shall be guilty of an offence and the occupier or owner, as the case may be, shall not be guilty of an offence, by reason only of . . . the contravention of the provision imposing the said duty, as the case may be, unless it is proved that he failed to take all reasonable steps to prevent the contravention; but this subsection shall not be taken as affecting any liability of the occupier or owner in respect of the same matters by virtue of some provision other than the provisions or provision aforesaid. (3) If the occupier of a factory avails himself of any exception allowed by or under this Act and fails to comply with any of the conditions attached to the exception, he shall be deemed to have contravened the provisions of this Act. (4) If any persons are employed in a factory otherwise than in accordance with the provisions of this Act or of any regulation or order made thereunder, there shall be deemed to be a separate contravention in respect of each person so employed. (5) Where an offence under this Act committed by a company is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of, any director, manager, secretary or other officer of the company, he, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Propose a change156 Fines for offences for which no express penalty provided.
(1) Subject to the following provisions of this Part of this Act, any person guilty of an offence under this Act for which no express penalty is provided by this Act shall be liable— (a) if he is an employed person, to a fine not exceeding level 1 on the standard scale; (b) in any other case, to a fine not exceeding level 3 on the standard scale; and if the contravention in respect of which he was convicted is continued after the conviction he shall (subject to the provisions of section one hundred and fifty-seven of this Act) be guilty of a further offence and liable in respect thereof to a fine not exceeding fifteen pounds for each day on which the contravention is so continued. (2) In relation to a contravention which was likely to cause the death of, or bodily injury to, any person, subsection (1) of this section shall have effect as if for the references in paragraphs (a) and (b) tofifteen pounds and sixty pounds there were respectively substituted references to level 3 on the standard scale and level 4 on the standard scale.
Propose a change157 Power of court to order cause of contravention to be remedied.
Where the occupier or owner of a factory is convicted of an offence under this Act, the court may, in addition to or instead of inflicting a fine, order him, within the time specified in the order, to take such steps as may be so specified for remedying the matters in respect of which the contravention occurred, and may, on application, enlarge the time so specified, and where such an order is made, the occupier or owner shall not be liable under this Act in respect of the continuation of the contravention during the time allowed by the court, but if, after the expiration of that time as originally specified or enlarged by subsequent order, the order is not complied with, the occupier or owner, as the case may be, shall be liable to a fine not exceeding ten pounds for each day on which the non-compliance continues.
Propose a change158 Fine for offence by parent.
If a young person is employed in any factory in contravention of the provisions of this Act, the parent of the young person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale, unless it appears to the court that the contravention occurred without the consent, connivance, or wilful default of the parent.
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Propose a change160 Penalty on person actually committing an offence for which other person is primarily liable.
(1) Where an act or default for which any person is liable under this Act is in fact the act or default of some other person, that other person shall be guilty of an offence and liable, subject to subsection (2) of this section, to the like fine as if he were the first-mentioned person. (2) The fine that may be imposed under subsection (1) of this section on an employed person where the offence is one for which no express penalty is provided by this Act shall be that specified in section one hundred and fifty-six of this Act in relation to employed persons, notwithstanding that the person primarily liable is not an employed person.
Propose a change161 Power of person primarily liable to exempt himself from liability.
(1) In England and Wales, a person charged with an offence under this Act shall be entitled, upon information duly laid by him and on giving to the prosecution not less than three day’s notice in writing of his intention, to have any other person whom he charges as the actual offender brought before the court at the time appointed for the hearing of the charge; and if, after the commission of the offence has been proved, the first-mentioned person proves to the satisfaction of the court— (a) that he has used all due diligence to enforce the execution of this Act and of any relevant order or regulation made thereunder; and (b) that the said other person had committed the offence in question without his consent, connivance, or wilful default; that other person shall be summarily convicted of the offence, and the first-mentioned person shall not be guilty of the offence, and the person so convicted shall, in the discretion of the court, be also liable to pay any costs incidental to the proceedings. (2) The prosecution shall have the right in any such case to cross-examine the first-mentioned person if he gives evidence and any witnesses called by him in support of his charge, and to call rebutting evidence. (3) In Scotland, a person charged with an offence under this Act who proves to the satisfaction of the court that he has used all due diligence to enforce the execution of this Act and of any relevant order or regulation made thereunder and that the offence was due to the act or default of some other person who committed it without his consent, connivance or wilful default, shall be acquitted of the offence. (4) When it is made to appear to the satisfaction of an inspector at the time of discovering an offence— (a) that the person who would be proceeded against apart from this subsection has used all due diligence to enforce the execution of this Act; and (b) by what person the offence has been committed; and (c) that it has been committed without the consent, connivance or wilful default of the first-mentioned person and in contravention of his orders, the inspector shall proceed against the person whom he believes to be the actual offender without first proceeding against the first-mentioned person.
Propose a change162 Proceedings against persons not primarily liable.
Where, under this Act, any person is substituted for another with respect to any provisions of this Act, any order, summons, notice or proceeding which for the purpose of any of those provisions is by or under this Act required or authorised to be served on or taken in relation to that other person, is hereby required or authorised (as the case may be) to be served on or taken in relation to the first-mentioned person.
Propose a change163 Owner of machine liable in certain cases instead of occupier.
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