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.

  • Great Britain.
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.

    110/132 (page 92)
    No. 138.—OFFICES, SHOPS AND RAILWAY PREMISES ACT 1963 85. Exclusion of application to factories, to certain fish sale- rooms and to parts below ground of mines.—(1) With the exception of section 25 (2) of this Act, nothing in this Act shall apply to any premises which, for the purposes of the Factories Act 1961, form part of a factory. (2) With the exception of section 75 (3) of this Act, nothing in this Act shall apply to any premises which, not being office premises, are used for the sale of fish by wholesale and constitute, or are comprised in, premises to which certain provisions of the Factories Act 1961 apply by virtue of section 125 (1) (docks, etc.) of that Act. (3) Nothing in this Act shall apply to any part below ground of premises which, for the purposes of the Mines and Quarries Act 1954, are a mine. NOTES Not being office premises. Office premises to which the Act applies, which are comprised in premises to which the Factories Act 1961, s. 125 (1) (41 Halsbury’s Statutes (2nd Edn.) 361), applies, are excluded from the scope of that subsection by s. 75 (1), ante; but see also s. 75 (2), ante. Definitions. For ‘“‘fish’, see s. go (1), post; for “‘office premises’, see s. I (2), (5), ante. Factories Act 1961. See 41 Halsbury’s Statutes (2nd Edn.) 239. Fors. 125 (1) of that Act, see 41 Halsbury’s Statutes (2nd Edn.) 361. The scope of that subsection is narrowed by s. 75 (3), ante. Mines and Quarries Act 1954. For the meaning of “‘mine’’ in that Act, see s. 180 thereof (1o1 Statutes Supp. 194). 86. Exclusion of application to premises occupied for transitory purposes.—(r1) It shall be a defence in any legal proceedings to recover damages and in any prosecution, in so far as the proceedings or prosecution are or is based on an allegation of a contravention, in relation to any premises, of a provision of this Act or regulations thereunder, to prove that at the time of the alleged contravention the premises were occupied for a purpose that was accomplished before the expiration of a period beginning with the day on which they were occupied for that purpose and of such of the following lengths as is applicable to the circumstances of the case, that is to say, six months if the premises consist of a movable structure, and six weeks if not. (2) The foregoing subsection shall not apply to a prosecution for an offence consisting in a failure to comply with an obligation imposed under section 49 (1) of this Act to notify the appropriate authority that persons would be employed to work in any premises; but in any such prosecution it shall be a defence to prove that the persons in question were employed to work in the premises while they were occupied as mentioned in the foregoing subsection. NOTES General effect of section. By this section it is a good defence, both to a prosecu- tion and to a civil action for breach of statutory duty, to prove that the contravention occurred while the premises were occupied for a purpose which was accomplished within a total period of six weeks or, if the premises are a moveable structure, six months. Sub-s. (1): Defence. Cf. the note to s. 67, ante. Contravention. This includes failure to comply with the provision of the Act or regulations in question; see s. 90 (1), post. Beginning. Cf. the note tos. 5, ante. ; Six weeks. The definition of ‘“‘week’’ in s. 90 (1), post, applies only “‘unless the context otherwise requires’; here “‘six weeks’ clearly means forty-two days.