The Offices, shops and railway premises Act, 1963 / With introduction and annotations by Ian Fife and E. Anthony Machin. Being a reprint of Butterworths Annotated Legislative Service, Statutes Supplement no. 138.

  • United Kingdom
Date:
1963
Catalogue details

Licence: Public Domain Mark

Credit: The Offices, shops and railway premises Act, 1963 / With introduction and annotations by Ian Fife and E. Anthony Machin. Being a reprint of Butterworths Annotated Legislative Service, Statutes Supplement no. 138. Source: Wellcome Collection.

    35/132 (page 17)
    SECTION 8 Definitions. For “employed”, see s. 90 (1), (4), post; for “the Minister’’, see s. go (1), post; for “‘office premises’’, see s. 1 (2), (5), ante; for “‘railway premises’’, see s. I (4), (5), ante; for “‘shop premises’, see s. 1 (3), (5), ante. See also as to “. . . work a? .”’, 8. 90 (3), post. ‘‘Fume”’ is defined in sub-s. (7) of this section. Regulations under this section. No regulations had been made under this section up to 14th October 1963. For provisions as to regulations, see s. 80, post; and see also s. 90 (5), post. 7. Ventilation.—(1) Effective and suitable provision shall be made for securing and maintaining, by the circulation of adequate supplies of fresh or artificially purified air, the ventilation of every room comprised in, or constituting, premises to which this Act applies, being a room in which persons are employed to work. (2) The Minister may by regulations prescribe, for premises to which this Act applies or for any class of such premises, a standard of adequate ventila- tion conformity to which shall be obligatory and a sufficient compliance with the foregoing subsection. NOTES General effect of section. Sub-s. (1) imposes a duty to ventilate work-rooms in premises within the Act, and sub-s. (2) empowers the Minister to prescribe standards of adequate ventilation. This section may be compared with the provisions as to the ventilation of factories contained in s. 4 of the Factories Act 1961 (41 Halsbury’s Statutes (2nd Edn.) 248 and Redgrave’s Factories Acts (zoth Edn.) pp. 17 ef seg.). It will be noted that s. 7 of the present Act, unlike s. 4 of the Factories Act 1961, contains no provision relating to the rendering harmless of injurious fumes, dust and other impurities. Section 38 (1) (a) of the Shops Act 1950 (67 Statutes Supp. 34), imposed a duty to ventilate shops. That subsection is repealed by the present Act (s. gt and Sch. 2, pos?). As to liability in tort, see the note, “‘“General effect of section’’, to s. 4, ante. It is established that the ventilation provisions of the Factories Act 1961 (41 Halsbury’s Statutes (2nd Edn.) 239), give rise to such liability (Nicholson v. Atlas Steel Foundry and Engineering Co., Lid., [1957] 1 All E.R. 776). For provisions relating to the ventilation of sanitary conveniences, see s. 9 (2), post. Sub-s. (1): Premises to which this Act applies. See ss. 1 to 3, ante. , Persons. Cf. the note tos. 1, ante. Offences, etc. For provisions as to offences, see ss, 63,e¢ seg., 70, 86 (1), post. Enforcement, etc. For provisions as to enforcement, etc., see ss. 52 et seq., post; and see also ss. 61, 83 (5), post. Statutory nuisances. For lack of ventilation as a statutory nuisance, see the Public Health Act 1936, s. 92 (I) (130 Statutes Supp. 141), and the Public Health (London) Act 1936, s. 82 (1) (15 Halsbury’s Statutes (znd Edn.) 935); and note that the Public Health Act 1936, s. 92 (3), is repealed by s. 91 (4) and Sch. 2, post. See also the second paragraph of the note to s. 4, ante. Definitions. For ‘‘employed’’, see s. 90 (1), (4), post; for ‘‘the Minister’’, see S. 90 (1), post. See also as to “*.. . work’, s. 90 (3), post. Regulations under this section. No regulations had been made under this section up to 14th October 1963. For provisions as to regulations, see s. 80, post; and see also s. 90 (5), post. 8. Lighting.—(1) Effective provision shall be made for securing and maintaining, in every part of premises to which this Act applies in which persons are working or passing, sufficient and suitable lighting, whether natural or artificial. (2) The Minister may by regulations made as respects premises to which this Act applies, or any class of such premises, prescribe a standard of lighting conformity to which shall be obligatory and a sufficient compliance with the foregoing subsection. (3) All glazed windows and skylights used for the lighting of any part of premises to which this Act applies in which work, or through which pass, any of the persons employed to work in the premises shall, so far as reasonably practicable, be kept clean on both the inner and outer surfaces and free from obstruction; but this subsection shall not affect the white-washing or shading of windows or skylights for the purpose of mitigating heat or glare.