Provisions the documents cite: s.127(1), (2), (4), (5) and (8); s.175(1), (2)(m), (5), (7) and (9); s.141 (preservation of registers and records); s.185(3) (extent)
What it requires
s.127(1)–(2) — the provisions of the Act listed in s.127(2) apply to building operations and works of engineering construction undertaken by way of trade or business, or for the purpose of any industrial or commercial undertaking: the Part I provisions on sanitary conveniences; ss.50 and 51 so far as they enable regulations; Part V; the Part X provisions on preservation of registers and records; the Part XI duties of district councils; and Parts XII, XIII and XIV (items (c) to (e), (g) and (h) of s.127(2), and s.127(3), (6) and (7), are repealed). s.127(4) — in their application to building operations or works of engineering construction, the provisions of the Act have effect as if any place where such operations or works are carried on were a factory and any person undertaking them were the occupier of a factory, with any adaptations made by regulations. s.127(8) — the application is not excluded because the work is on premises to which the Act otherwise applies. Much of what s.127(2) applies has itself been repealed: s.7 (sanitary conveniences) by S.I. 1992/3004 (from 1 January 1993 and 1 January 1996 for different premises) and ss.80–85 (Part V). s.141 remains in force: a register or record kept under the Act is preserved and available to an inspector or employment medical adviser for at least two years after the last entry. s.175(1) — a factory is premises in which, or within the close, curtilage or precincts of which, persons are employed in manual labour in any process for or incidental to making, altering, repairing, ornamenting, finishing, cleaning, washing, breaking up or demolishing, or adapting for sale, any article, carried on by way of trade or for purposes of gain, where the employer has the right of access or control; s.175(2)(m) includes premises where articles are made or prepared incidentally to building operations or works of engineering construction, not being premises where those operations or works are carried on; open-air premises are not excluded (s.175(7)); Crown and public authority building operations are not excluded only because they are not carried on for gain (s.175(9)). The Act does not extend to Northern Ireland, apart from s.77(1) and (2) (s.185(3)). Relevance: the Social Security (Claims and Payments) Regulations 1979 reg 25(3) applies the accident book duty to an owner or occupier (being an employer) of premises to which any of the provisions of the Factories Act 1961 applies, as well as to employers of 10 or more; whether a building site is caught through s.127(4), given how few of the s.127(2) provisions remain, is not settled — no case law or official guidance on the point was read.
The instrument itself: https://www.legislation.gov.uk/ukpga/Eliz2/9-10/34. The summary above is our plain-English reading, not the text of the instrument — always work from the source.
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