The Offices, Shops and Railway Premises Act 1963 (Repeals and Modifications) Regulations 1974

• Citation: S.I. 1974/1943
• Sections: 19

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Offices, Shops and Railway Premises Act 1963 (Repeals and Modifications) Regulations 1974 and shall come into operation on 1st January 1975.

(2) The Interpretation Act 1889 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.

Section 2 Repeals and modifications—the Offices, Shops and Railway Premises Act 1963

In the Offices, Shops and Railway Premises Act 1963 (“the 1963 Act”) as amended by the Secretary of State for Employment and Productivity Order 1968 —

(a) the provisions mentioned in column 1 of Schedule 1 to these Regulations are hereby repealed to the extent specified in column 2 of that Schedule; and

(b) the provisions mentioned in Schedule 2 to these Regulations shall have effect subject to the modifications specified in that Schedule.

Section 3 Revocations and modifications—instruments under the Offices, Shops and Railway Premises Act 1963

(1) The Offices, Shops and Railway Premises Act 1963 (Conduct of Inquiries) Regulations 1965 are hereby revoked.

(2) In the Offices, Shops and Railway Premises First Aid Order 1964 , for the reference in Article 1(3) to the Secretary of State there shall be substituted a reference to the Health and Safety Executive.

(3) In the Offices, Shops and Railway Premises (Hoists and Lifts) Regulations 1968 —

(a) in Regulation 1(3)—

(i) the definitions of “factory inspector for the district” and “mine and quarry inspector for the district” shall be omitted; and

(ii) for the definition of “inspector” there shall be substituted the following definition:—

inspector means an inspector appointed by a fire authority under section 52(2) of the Act or by the Health and Safety Executive or by a local authority under section 19 of the Health and Safety at Work etc. Act 1974;

and

(b) in Regulation 6(3), for the references to the factory inspector for the district and the mine and quarry inspector for the district there shall be substituted references to the Health and Safety Executive.

Section 4 Supplemental

(1) These Regulations shall not affect the validity of anything done under any provision repealed or modified by the Regulations before the coming into operation of the Regulations; and anything which at the coming into operation of the Regulations is being done for the purposes of that provision (including in particular any legal proceedings) by or in relation to—

(a) an inspector appointed under section 145 of the Factories Act 1961 or under section 144 of the Mines and Quarries Act 1954 or a person authorised under section 52(3) or (6) of the 1963 Act;

(b) an inspector appointed by a local authority under section 52(1) or (5) of the 1963 Act; or

(c) the Secretary of State;

may, so far as may be necessary for the purposes of or in consequence of the provisions of the Regulations, be continued, respectively, by or in relation to—

(a) an inspector appointed by the Health and Safety Executive under section 19 of the 1974 Act;

(b) an inspector appointed by the local authority in question under the said section 19;

(c) the Health and Safety Executive.

(2) Without prejudice to paragraph (1) of this Regulation, any exemption, approval, certificate or notice granted or given or other thing whatsoever done for the purposes of any provision modified by these Regulations, shall, if in force at the coming into operation of these Regulations, continue in force and have effect as if granted, given or done in accordance with that provision as so modified.

(3) Except as provided in Regulation 3 of these Regulations, regulations and orders made under any provision repealed by these Regulations and in force immediately before the coming into operation of these Regulations shall continue in force notwithstanding the repeal of that provision.

(4) Where any of the provisions repealed or modified by these Regulations prescribes a penalty for an offence of any kind, that penalty shall, notwithstanding these Regulations, continue to apply to offences of that kind committed before 1st January 1975.

Section 1

In section 4(4), for the words form the beginning of the subsection to “shall” there shall be substituted the words “Subsection (2) of this section shall not” .

Section 2

In sections 46(6), 48(3), 49(3) and 69, after the word “liable” there shall be inserted the words “on summary conviction” .

Section 3

In section 39(1), for the words from “by section 52(4)” in paragraph (a) to the end of the subsection there shall be substituted the words “by section 52(4) or (6) of this Act, it shall be the Health and Safety Executive.” .

Section 4

In section 39, for subsection (2) there shall be substituted the following subsection:—

(2) In the case of premises with respect to which the enforcement of provisions of this Act is provided for by section 52(3) of this Act, the appropriate authority shall, for the purposes of sections 28 to 38 of this Act, be the Health and Safety Executive.

Section 5

In section 46(5)(a), for the words “the appropriate authority” there shall be substituted the words “the authority having power to enforce with respect to the premises the provision imposing the requirement” .

Section 6

In section 48, for subsection (5) there shall be substituted the following subsection:—

(5) In this section `appropriate authority' means the authority having power to enforce with respect to the premises sections 4 to 27 of this Act.

Section 7

In section 49(3), for the words “either of the foregoing subsections” there shall be substituted the words “the foregoing subsection” .

Section 8

In section 52(3) and (4), for the words from “factory inspectors and” to the end of the subsection in each case there shall be substituted the words “the Health and Safety Executive” .

Section 9

In section 5294, for paragraph (b) there shall be substituted the following paragraph:—

(b) office premises erected at, or adjacent to, a place where there are carried on operations to which section 127(1) of the Factories Act 1961 applies or works to which that section applies, being premises erected for the purpose of, or in connection with, the operations or works;

Section 10

In section 52(6) for the words from “mine and quarry inspectors and” to the end of the subsection there shall be substituted the words “the Health and Safety Executive” .

Section 11

In section 63, after subsection (2) there shall be added the following subsection:—

(3) A person who contravenes a provision of regulations under section 20 or 50 of this Act shall be guilty of an offence.

Section 12

In section 71(2), for the words “authorised as aforesaid by” there shall be substituted the words “authorised in that behalf by a general resolution of” .

Section 13

In section 80(4), for the words “the Secretary of State” there shall be substituted the words “the Health and Safety Executive” .

Section 14

In section 80(7), at the end there shall be added the words “and the provisions of section 50 of the Health and Safety at Work etc. Act 1974 shall apply to any such power as they apply to a power to make regulations” .

Section 15

In section 83—

(a) for the reference in subsections (2), (4) and (5) and the first reference in subsection (3) to a factory inspector or a person authorised under section 52(3) of the 1963 Act there shall be substituted a reference to the Health and Safety Executive;

(b) in subsection (3) for the words from “have effect as if” to the end of the subsection there shall be substituted the words “have effect as if for references to the appropriate authority there were substituted references to the Health and Safety Executive” ;

(c) in subsection (4) for the words “subsections (5) to (14)” there shall be substituted the words “subsections (5) to (13)” .