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Premises where part of building is separate factory

Factories Act

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—(1) Where a part of a building is let off as a separate factory —(a)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:(i)the provisions of Part IV with respect to cleanliness and lighting;(ii)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);(iii)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);(b)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.(2) 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.(3) 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.(4) 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.(5) 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

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