View source for Factories Act 1961

{{Infobox UK Legislation
| short_title=Factories Act 1961
| parliament=Parliament of the United Kingdom
| long_title=<sup>An Act to consolidate the Factories Acts, 1937 to 1959, and certain other enactments relating to the safety, health and welfare of employed persons.</sup>
| statute_book_chapter=9 & 10 Eliz. 2, c. 34
| introduced_by=[[David Maxwell Fyfe, 1st Earl of Kilmuir]], [[Lord Chancellor]], 28 March 1961<ref>
 {{cite web
 | url=http://hansard.millbanksystems.com/lords/1961/mar/28/factories-bill-hl#S5LV0230P0-00289
 | work=Hansard
 | publisher=Millbank Systems
 | accessdate=2008-07-15
 | title=HL Deb 28 March 1961 vol 230 cc46-7
 }}</ref>
| territorial_extent=England and Wales, Scotland<ref name="S185">S.185</ref>
| royal_assent=22 June 1961
| commencement={{Start date|1962|04|01}}<ref name="S185"/>
| repeal_date=&mdash;
| amendments=[[Workplace (Health, Safety and Welfare) Regulations 1992]]
| related_legislation=[[Offices, Shops and Railway Premises Act 1963]]
| repealing_legislation=&mdash;
| status=Amended
| original_text=http://www.opsi.gov.uk/acts/acts1961/pdf/ukpga_19610034_en.pdf
| activeTextDocId=2314162
| legislation_history=
}}

The '''Factories Act 1961''' is an [[Act of Parliament|Act]] of the [[Parliament of the United Kingdom]]. At the time of its passage, the '''Act''' consolidated much legislation on workplace [[Occupational safety and health|health, safety and welfare]] in Great Britain. Though {{As of|2008|lc=on}} some of it remains in force, it has largely been superseded by the [[Health and Safety at Work etc. Act 1974]] and [[Health and safety regulations in the United Kingdom|regulations made under it]].

However, the '''Act''' continues to have a legal importance as cases of chronic workplace exposure to hazards such as [[industrial noise]], as in the [[Nottinghamshire and Derbyshire deafness litigation]],<ref>''[http://www.bailii.org/ew/cases/EWHC/QB/2007/b1.html Parkes v. Meridian Ltd]'' [2007] EWHC B1 (QB)</ref> or [[carcinogen]]s<ref>''[http://www.bailii.org/ew/cases/EWCA/Civ/2007/1261.html Novartis Grimsby Ltd v. Cookson]'' [2007] EWCA Civ 1261</ref> often extend back in time beyond the current legislation.

Breach of the residual provisions is still a [[crime]] punishable on [[summary conviction]] in the [[Magistrates' Court]] by a [[fine (penalty)|fine]] of up to £400 or, on [[indictment]] in the [[Crown Court]], [[imprisonment]] for up to two years and an unlimited fine.<ref>Health and Safety at Work etc. Act 1974, s.33(3)</ref><ref>{{ cite web | title=Sentencing and costs – Penalties | work=Enforcement Guide | publisher=Health and Safety Executive | url=http://www.hse.gov.uk/enforce/enforcementguide/court/sentencing/penalties.htm | accessdate=2008-07-15 }}</ref>

In the event of [[damages|damage]] arising from a breach of the '''Act''', there may be [[civil liability]] for [[breach of statutory duty]]. Though no such liability is stipulated by the '''Act''' itself, none is excluded and the facts could be such as to give rise to a [[cause of action]] in that [[tort]].<ref>''Halsbury'' vol.20(1) '''623'''</ref> A breach not actionable in itself may be evidential towards a claim for [[common law]] [[negligence]]. In particular, a criminal conviction may be given in evidence.<ref>[[Civil Evidence Act 1968]], s.11</ref>

== Background ==

The '''Act''' was the final consolidation of a line of legislation under [[Factory Acts]] that began in 1802. In particular, it consolidated the 1937 and 1959 Acts. The Acts were widely regarded as ineffective in practice. Section 14 of the '''1961 Act''' required the guarding of all dangerous parts of [[machinery]] but a sequence of judicial decisions under the earlier Acts had restricted the scope of what was "dangerous" only to include hazards that were reasonable foreseeable.<ref>Cullen (1996)</ref><ref>''Walker v. Bletchley-Flettons Ltd'' [1937] 1 All ER 170</ref>

== Definition of "factory" ==

Section 175 of the '''Act''' defines "factory" as premises in which persons are employed in [[manual labour]] in any process for or incidental to:

* Making any article or part of any article;
* Altering, repairing, ornamenting, finishing, cleaning, or washing, or breaking up or demolition of any article;
* Adapting any article for sale;
* [[Animal slaughter|Slaughtering]] of [[cattle]], [[sheep]], [[swine]], [[goat]]s, [[horse]]s, [[ass (animal)|ass]]es or [[mule]]s; or
* In some circumstances, confinement of such animals awaiting slaughter at other premises.

The '''Act''' also defines certain other specific premises as "factories" such as [[laundry|laundries]] and [[printing|printing works]] (s.175(2)).

== Health (general provisions) ==

Sections 1 to 7 define general broad requirements for healthy factory working conditions:

# [[Cleanliness]];
# [[Overcrowding]];
# [[Temperature]];
# [[Mechanical ventilation|Ventilation]];
# [[Lighting]];
# [[Drainage]] of floors; and
# [[Sanitary convenience]]s.

These provisions were [[repeal]]ed and superseded, as far as they applied to "workplaces", by the [[Workplace (Health, Safety and Welfare) Regulations 1992]]<ref name="workplacerepeal">Reg.27/ Sch.2</ref> with effect from 1 January 1993 for new workplaces and 1 January 1996 for established workplaces.<ref name="workplacecommence">Reg.1</ref> There is still a potential residual scope of application to "factories" that are not "workplaces" as the definition of "workplace" is in some ways limited.<ref>Workplace (Health, Safety and Welfare) Regulations 1992, reg.3</ref><ref name="explan">{{ cite web | author=Office of Public Sector Information | title=Workplace (Health, Safety and Welfare) Regulations 1992 - Explanatory Note | year=1992 | url=http://www.opsi.gov.uk/SI/si1992/Uksi_19923004_en_5.htm#exnote | accessdate=2008-04-19 }}</ref>

Section 10A was added by the [[Employment Medical Advisory Service Act 1972]]<ref>S.3</ref> and gives powers to the [[Employment Medical Advisory Service]] to order medical examination and supervision of employees.

Section 11 gave the [[Minister of State]], as of 2008 the minister at the [[Department for Work and Pensions]], the power to order medical supervision though these powers have been largely superseded by powers granted to the Health and Safety Executive and other powers of the Minister to make orders by [[statutory instrument]].<ref name="repealreg">Factories Act 1961 etc (Repeals and Modifications) Regulations 1974, SI 1974/1941, reg.7/ Sch.1; [[Employment Act 1989]]</ref>

== Safety (general provisions) ==

Sections 12 to 39 defined specific requirements for [[machinery safety]] but many have been repealed and superseded. As of 2008, the following sections remain fully in force:

<ol start="24">
<li>Secure fencing and handrails for [[Block and tackle|teagle]] openings and doorways;</li>
</ol>
<ol start="31">
<li>Precautions with respect to [[explosive]] or [[inflammable]] [[dust]], [[gas]], [[vapour]] or [[Chemical substance|substance]]; and</li>
</ol>
<ol start="39">
<li>[[Water]]-[[seal (mechanical)|seal]]ed [[gasholder]]s.</li>
</ol>

The following sections were repealed and superseded, as far as they applied to "workplaces", by the Workplace (Health, Safety and Welfare) Regulations 1992<ref name="workplacerepeal"/> with effect from 1 January 1993 for new workplaces and 1 January 1996 for established workplaces.<ref name="workplacecommence"/> There is still a potential residual scope of application to "factories" that are not "workplaces".

<ol start="18">
<li>[[Dangerous substance]]s;</li>
</ol>
<ol start="28">
<li>Construction and [[Preventive maintenance|maintenance]] of [[floor]]s; and</li>
<li>Safe means of access.</li>
</ol>

The following sections were repealed and superseded by the [[Provision and Use of Work Equipment Regulations 1992]] between 1 January 1993 and 1 January 1997:<ref>Regs.1(2)(3), 2, 27(1)/ Sch.2, Pt.I (with reg.27(2))</ref>

<ol start="12">
<li>[[Tractor unit|Prime mover]]s;</li>
<li>[[Transmission (mechanics)|Transmission machinery]];</li>
<li>Other [[machinery]];</li>
<li>Provisions as to [[machinery guarding|unfenced machinery]];</li>
<li>Construction and maintenance of [[machinery guarding|fencing]];</li>
<li>Construction and sale of machinery; and</li>
</ol>
<ol start="19">
<li>Self-acting machines.</li>
</ol>

The following sections were repealed and superseded by the [[Health and Safety (Young Persons) Regulations 1997]] on 3 March 1997:<ref name="Reg.3/ Sch. Pt.1">Reg.3/ Sch. Pt.1</ref>

<ol start="20">
<li>[[Cleaning]] of machinery by [[young person]]s; and</li>
<li>[[Training]] and supervision of young persons working at dangerous machines.</li>
</ol>

The following sections were repealed and superseded by the [[Lifting Operations and Lifting Equipment Regulations 1998]] on 5 December 1998:<ref name="Reg.3/ Sch. Pt.1"/>

<ol start="22">
<li>Hoists and lifts - general;</li>
</ol>
<ol start="26">
<li>[[Crane (machine)|Crane]]s and other lifting machines; and</li>
<li>[[Chain]]s, [[rope]]s and lifting tackle.</li>
</ol>

The following sections were repealed and superseded by the [[Confined Spaces Regulations 1997]] on 5 December 1998:<ref>Reg.15</ref>

<ol start="23">
<li>[[Hoist (device)|Hoist]]s and [[Elevator|lift]]s used for carrying persons; and</li>
</ol>
<ol start="30">
<li>Protection from dangerous [[Gas|fumes]] and lack of [[oxygen]].</li>
</ol>

The following sections were repealed in part and superseded by the [[Pressure Systems and Transportable Gas Containers Regulations 1989]] on 1 July 1994:<ref>reg.26/ Sch.6, Pt.I</ref>

<ol start="32">
<li>[[Boiler (steam generator)|Steam boiler]]s — attachments and construction; and</li>
<li>Steam boilers — maintenance, [[inspection|examination]] and use.</li>
</ol>

The following sections were repealed and superseded by the [[Pressure Systems Safety Regulations 2000]] on 21 February 2000:<ref>Reg.18</ref>

<ol start="34">
<li>Steam boilers - restrictions on entry;</li>
<li>[[Boiler (steam generator)|Steam receivers]] and steam containers; and</li>
<li>Air receivers.</li>
</ol>

Sections 40 to 52 applied to [[fire safety]] and were repealed in 1976<ref name="repealreg"/> when the [[Fire Precautions Act 1971]] was extended to require fire certificates for a wide class of works presmises.<ref>Fire Precautions (Factories, Offices, Shops and Railway Premises) Regulations 1976, SI 1976/2009, revoked and superseded by [http://www.opsi.gov.uk/si/si1989/Uksi_19890076_en_1.htm SI 1989/76]</ref>

== Welfare (general provisions) ==

Sections 57 to 60 define general broad requirements for factory welfare:

<ol start="57">
<li>Supply of [[drinking water]];</li>
<li>Washing facilities;</li>
<li>Accommodation for clothing; and</li>
<li>Sitting facilities.</li>
</ol>

These provisions were repealed and superseded, as far as they applied to "workplaces", by the Workplace (Health, Safety and Welfare) Regulations 1992<ref name="workplacerepeal"/> with effect from 1 January 1993 for new workplaces and 1 January 1996 for established workplaces.<ref name="workplacecommence"/> There is still a potential residual scope of application to "factories" that are not "workplaces".

Section 61, [[first aid]], has been repealed,<ref>Health and Safety (First-Aid) Regulations 1981, SI 1981/917, reg.7/ Sch.1</ref> as has section 62, power of minister to make regulations.<ref name="repealreg"/>

== Health, safety and welfare (special provisions and regulations) ==

Sections 63 to 79 defined many specific regulations such as forbidding eating in places where [[lead]] or [[arsenic]] was processed (s.64), and forbidding women and young people from working at [[foundry|foundries]] with lead or [[zinc]], or "mixing or pasting in connection with the manufacture or repair of [[capacitor|electric accumulators]]" (s.74). As of 2008, these have all been repealed and superseded by subsequent regulations save for section 69 where there is a residual power for an inspector from the Health and Safety Executive to restrict working in underground rooms in "factories" that are not "workplaces".

== Notification and investigation of accidents and industrial diseases ==

Sections 80 to 85 specified reauirements for the statutory reporting of [[death]]s, [[injury|injuries]] and [[disease]]s that took place at work. As of 2008, these sections have all been repealed and superseded, especially by the [[Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995]].

== Employment of women and young persons ==

Sections 86 to 116 restricted the [[working hours]] of women and young people in factories. Some exceptions were allowed such as for women in [[management]] positions (s.95). All these sections have been repealed, either by:

* [[Sex Discrimination Act 1986]], which makes restrictions on women's work unlawful; or
* [[Employment Act 1989]], which defines a new regime for the training and employment of young people.

== Enforcement ==

Enforcement originally lay with [[Local Government Act 1894|District Councils]] (ss.8-10, 53-56) but, as of 1974, general responsibility falls to the [[Health and Safety Executive]] though they are often able to delegate this to [[Local government in the United Kingdom|local authorities]].<ref>Health and Safety at Work etc. Act 1974, s.18</ref>

== Territorial extent ==

{{Infobox UK Legislation mini
| short_title=Factories Act (Northern Ireland) 1965
| parliament=Northern Ireland Parliament
| long_title=An Act to consolidate the Factories Acts (Northern Ireland) 1938 to 1959, and certain other enactments relating to the safety, health and welfare of employed persons.
| statute_book_chapter=1965 c. 20 (N.I.)
| introduced_by=
| territorial_extent=Northern Ireland
| royal_assent=4 November 1965
| commencement={{Start date|1965|11|04}}
| repeal_date=
| amendments=Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993
| related_legislation='''Factories Act 1961'''
| repealing_legislation=
| status=Amended
| original_text=
| activeTextDocId=2911593
| legislation_history=
}}

The '''Act''' did not extend to [[Northern Ireland]] but similar provisions were made for the province by the '''Factories Act (Northern Ireland) 1965''' which consolidated earlier Acts there. As with the British Act, as of 2008 most of the provisions have been repealed and superseded by more modern legislation under the Health and Safety at Work (Northern Ireland) Order 1978,<ref>SI 1978/1039 (NI 9)</ref> such as the Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993.<ref>[http://www.opsi.gov.uk/sr/sr1993/Nisr_19930037_en_1.htm SR 1993/37]</ref>

== References ==

{{reflist}}

== Bibliography ==

* {{ cite book | author=[Various authors] | year=2007 | title=Tolley's Health and Safety at Work Handbook 2008 | location=London | publisher=Butterworths | id=ISBN 0754533182 }}
* {{ cite web | author=[[William Cullen, Baron Cullen of Whitekirk|Cullen, W.]] | year=1996 | title=The development of safety legislation | work=Royal Academy of Engineering and Royal Society of Edinburgh Lecture | publisher=[[Royal Society of Edinburgh]] | accessdate=2008-03-23 | url=http://www.royalsoced.org.uk/events/reports/rae_1996.pdf |format=PDF}}
* Lord Mackay of Clashfern (ed.) (2004) ''Halsbury's Laws of England'', 4th ed. reissue, Vol.20, "Health and Safety at Work"
* {{ cite book | author=Ridley, J. R. & Channing, J. | title=Safety at Work | year=2003 | location=London | url=http://en.wikipedia.org/w/index.php?title=Health_and_Safety_at_Work_etc._Act_1974&action=submit | publisher=Butterworth-Heinemann | id=ISBN 0750654937 }} ([[Google Books]])
* {{ cite book | title=Health and Safety Law | author=Stranks, J. | location=London | publisher=Prentice Hall | edition=5th ed. | year=2005 | id=ISBN 013197646X }}
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{{UK legislation}}
{{English law types}}

[[Category:United Kingdom Acts of Parliament 1961]]
[[Category:Occupational safety and health]]
[[Category:Safety codes]]
[[Category:2Fix]]