1. Where a factory which is part of a building is either
(a).a part of a tenement factory; or
(b)a part let off as a separate factory but not a part of a tenement factory,
the owner of the building shall be substituted for the occupier as the person on whom any duties are imposed or rights conferred by the provisions to which this paragraph applies or on whom any notice is to be served there under or who is liable for any contravention thereof.
§ 2. For the purposes of the provisions to which paragraph 1 of this Schedule applies
- (a) the whole of a tenement factory shall be deemed to be one factory, and
- (b) any such factory as is mentioned in sub-paragraph (b) of that paragraph shall be deemed to include any part of the building used for the purposes of the factory.
§ 3. The provisions to which paragraph 1 of this Schedule applies are sections thirty-four to thirty-six of the principal Act and section twelve of this Act except subsections (1) and (8) of the said section thirty-six and so much of subsection (2) of the said section thirty-four as requires the means of escape to be kept free from any obstruction caused by the use of the factory.
§ 4. Subsections (1) and (8) of section thirty-six of the principal Act shall apply to any part of a tenement factory which is not comprised within any of the separate factories as if that part were a factory and the owner were the occupier thereof.
§ 5. The occupier of any such factory as is mentioned in paragraph 1 of this Schedule shall inform the owner of the building of any such proposal as is mentioned in subsection (5) of section thirty-four of the principal Act.
§ 6. In relation to a building comprising such a factory as is mentioned in sub-paragraph (b) of paragraph 1 of this Schedule, subsection (7) of section thirty-six of the principal Act shall have effect as if it required the warning referred to therein to be a warning in case of fire occurring anywhere in the building and to be audible in every part of the building which is used for the purposes of that or any other factory.
§ 7.—(1) If on a complaint made by the owner of a building it appears to a magistrates' court that any occupier prevents him from carrying out any work, test or examination which he is required to carry out under the foregoing provisions of this Schedule, the court may order the occupier to permit him to do so.
§ (2) In the application of this paragraph to Scotland, for the references to a complaint and to a magistrates' court there shall be substituted respectively references to a summary application and to the sheriff.
§ 8. In relation to any such factory as is mentioned in paragraph 1 of this Schedule, the provisions of the principal Act and this Act requiring certificates in respect of means of escape in case of fire and the registration of such certificates and of tests or examinations carried out in pursuance of section twelve of this Act shall have effect subject to the following modifications, that is to say
- (a) the certificate under section thirty-four of the principal Act shall be issued to the owner of the building in which the factory is comprised and a copy thereof (or. if the
960 certificate relates to more than one factory, of the relevant parts thereof) shall be issued to the occupier of the factory;
- (b). where the certificate relates to a tenement factory it shall, notwithstanding subparagraph (a) of paragraph 2 of this Schedule, contain particulars as to each of the separate factories;
- (c). the references in subsection (1) of section thirty-four of the principal Act and in section twelve of this Act to the general register shall be construed as references to a register to be kept by the owner of the building, and subsection (3) of section one hundred and forty-two of the principal Act (which makes the general register evidence of certain matters) shall apply in relation to any register kept by the owner in pursuance of this paragraph as if he were the occupier of the factory;
- (d) the reference in subsection (2) of section one hundred and sixteen of the principal Act (as amended by this Act) to the certificate shall be construed as a reference to the copy issued in pursuance of this paragraph.
§ 9. Where, in the case of a certificate issued under section thirty-four of the principal Act before the coming into operation of this Schedule,—
- (a) neither the certificate nor a copy thereof was issued to the owner mentioned in sub-paragraph (a) of paragraph 8 of this Schedule; or
- (b) neither the certificate nor a copy thereof or of the relevant part thereof was issued to the occupier mentioned in that subparagraph;
§ Brought up, and read the First time.
§ Mr. Iain Macleod
I beg to move, That the Schedule be read a Second time.
We have already discussed this proposed new Schedule in relation to the switch of what was originally Clause 19.
§ Question put and agreed to.
§ Schedule read a Second time, and added to the Bill.