HC Deb 24 May 1939 vol 347 cc2388-9

7.24 p.m.

Miss Horsbrugh

I beg to move, in page 52, line 39, at the end, to insert: (c) the said expression does not include any factory in use for the purpose of the employment or training of blind persons, where the Minister has approved a scheme for the evacuation of such persons in event of emergency and where in event of such emergency taking place such persons are evacuated.

Mr. Elliot

I can assure my hon. Friend that the Amendment is unnecessary. If it is reported to the factory inspector that such factory premises are to be evacuated he is not likely to serve them with a notice under Clause 13, and even if he did there is a right of appeal under Clause 14 that it is not reasonable to require the provision of any air-raid shelter in the premises.

Miss Horsbrugh

In view of that explanation, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

7.25 p.m.

Sir J. Anderson

I beg to move, in page 53, line 16, after "that," to insert: (a) no mine shall be included in any factory premises except in accordance with the provisions of Sub-section (4) of this Section; (b) This is the first of a series of Amendments to deal with a relatively small point. As the Bill was originally drawn, a mine employing, say, 1,000 persons, might be under a company which held, contiguous to the mine, a small brickworks employing 51 persons. The whole establishment would be treated as factory premises and as coming under the factory inspector and not the mines inspector. As a departmental arrangement that was considered unsatisfactory. The purpose of the Amendment is to provide that, where a factory and a mine are run in conjunction with each other, the greater shall dominate the whole. If the factory premises employ a larger number of people than the mine, the establishment would be treated as a factory, and vice versa.

Amendment agreed to.

Further Amendments made:

In page 53, line 30, after the second "in," insert "or about."

In line 31, at the end insert "by virtue of the next following Sub-section."

In line 32, at the end, insert: (4) Where any factory premises are contiguous to a mine and are occupied by the owner of the mine, then—

  1. (a) if the number of persons working in or about the mine exceeds the number of persons working in the factory comprised in the factory premises, the factory premises shall be deemed to form part of the mine for the purposes of this Act;
  2. (b) if the number of persons working in the factory exceeds the number of persons working in or about the mine, the mine shall be deemed to form part of the factory premises for the purposes of this Act."—[Sir J. Anderson.]

7.26 p.m.

Mr. Spens

I beg to move, in page 54, line 6, at the end, to insert: And provided that a commercial building shall for the purposes of this Act be deemed not to include any part of that building which is separate and distinct from the remainder of the building and which is used exclusively for residential purposes. This Amendment is to deal with the position of a building which includes a commercial building and a large block of residential flats. As the Bill was drafted the whole of the premises were under the obligations imposed on a commercial building. The purpose of the Amendment is that the residential part of the building shall be regarded as structurally separate and distinct, and as not included in the definition of a commercial building for the purpose of this Measure.

Sir J. Anderson

I am prepared to advise the Committee to accept the Amendment, although we may have to look at the wording again. The subject-matter of the Amendment is rather complicated, but the view of the Government is that an Amendment on these lines is desirable.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.