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.

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    SECTION 17 it was said, connotes something that should not be there, in the sense that it is not a normal part of the plant or equipment, such as a heap of rubbish. Substance. In Hall v. Fairfield Shipbuilding & Engineering Co., 1962 S.L.T. 206, the Outer House of the Court of Session held that a short length of metal rod which had fallen from a bench was a “‘substance”’ likely to cause persons to slip within s. 25 (1) of the Factories Act 1937 (now s. 28 (1) of the Factories Act 1961). They held, further, that the words “‘likely to cause persons to slip’’ qualify only the word ‘“‘sub- stance’’, and do not limit the area to be kept free. Likely to cause persons to slip. It is submitted that in determining what is “likely”’ to cause persons to slip similar considerations apply as are applied to the question of whether a part of a machine is a “dangerous part’’ within the meaning of Se 17 (1), 7fra, for which see the note, ‘‘Dangerous part’’, to that subsection. Sub-s. (2): Staircase. See the general remarks on interpretation in the note, “Floors . . . gangways’’, to sub-s. (1), ante. See, also Kimpton v. Steel Company of Wales, [1960] 2 All E.R. 274 (three steps from floor to part of a machine in factory held not to be a “‘staircase’’). Hand-rail. A hand-rail is a rail that can be gripped by the hand; it need not necessarily act as a physical barrier; it need only be such a rail as to enable any person, by gripping it, to steady himself against falling (Corn v. Weir’s Glass (Hanley), Lid., [1960] 2 All E.R. 300, so interpreting reg. 27 (1) of the Building (Safety, Health and Welfare) Regulations 1948 (S.I. 1948 No. 1145) ). Hand-hold. A hand-hold is something which a man can hold or grab from time to time as and when he wishes to do so; see Wigley v. British Vinegars, Ltd., [1961] 3 All E.R. 418, C.A., affirmed (without touching the point) [1962] 3 All E.R. 161, H.L., and so construing s. 26 (2) of the Factories Act 1937 (9 Halsbury’s Statutes (2nd Edn.) 1018) (now s. 29 (2) of the Factories Act 1961 (41 Halsbury’s Statutes (2nd Edn.) 272) ). Special circumstances ... accidents. See the discussion of these words, in the context of s. 28 (2) of the Factories Act 1961, in Harris v. Rugby Portland Cement Co., Lid., [1955] 2 All E.R. 500. Sub-s. (4): Openings in floors. In certain circumstances an excavation may constitute an “‘opening”’ in a floor (Harrison v. Metropolitan-Vickers Electrical Co., Lid., [1954] 1 All E.R. 404, decided on the enactment which is now s. 28 (4) of the Factories Act 1961). Compare Tate v. Swan Hunter and Wigham Richardson, Lid., [1958] 1 All E.R. 150, C.A., and see Moorcroft v. Thomas Powles & Sons, Lid., [1962] PALER. 741, D.C. Premises to which this Act applies. See ss. 1 to 3, ante. Securely fenced. It is submitted that “‘securely fenced”’ in this context has the same meaning as in the context of fencing dangerous parts of machinery, as to which see the note, “‘Securely fénced”’, to s. 17 (1), post. Impracticable. See the note to s. 6 (3), ante. Sub-s. (5): Fuel storage premises. For meaning, see s. 1 (3) (a) (v),” (5), ante. Common parts. For the application of sub-ss. (1)—(3) of this section to common parts of buildings, part of which consists of premises to which this Act applies, see ss. 42 (4), (5), 43 (3), post. Offences. For provisions as to offences, see ss. 63 et seg., 70, 86 (I), post. Enforcement, etc. For provisions as to enforcement, etc., see ss. 52 et seq., post; and see also ss. 61, 83 (5), post. 17. Fencing of exposed parts of machinery.—(1) Every dangerous part of any machinery used as, or forming, part of the equipment of premises to which this Act applies shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person working in the premises as it would be if securely fenced. (2) In so far as the safety of a dangerous part of any machinery cannot, by reason of the nature of the operation effected by means of the machinery, be secured by means of a fixed guard, the requirements of the foregoing sub- section shall be deemed to be complied with if a device is provided that auto- matically prevents the operator from coming into contact with that part. (3) In determining, for the purposes of subsection (1) of this section, whether a moving part of any machinery is in such a position or of such construction as is therein mentioned, no account shall be taken of any person carrying out while the part is in motion an examination thereof or any lubrication or adjustment shown by the examination to be immediately