HC Deb 26 July 1963 vol 681 cc2002-4

Lords Amendment: In page 42, line 42, at end insert: (d) premises comprised in premises used for the purposes of a school which, within the meaning of the Education Act 1944, is maintained by a local education authority".

Mr. Hare

I beg to move, That this House doth agree with the Lords in the said Amendment.

On further consideration the Government came to the conclusion that the arrangements for enforcement in Clause 52 would result in a confusing division of responsibility for enforcement in office and shop premises, in schools maintained under the Education Act. Subsection (3) provided that the Factory Inspectorate should enforce the Bill in premises occupied by a county council or local authority. This would have made factory inspectors responsible for enforcement in schools established and maintained by a county council or local authority—in other words, the county schools—and local authorities responsible for enforcements in other schools maintained by a county council or local authority—in other words, voluntary schools.

We thought that this division of responsibility was unsatisfactory, and the Amendment has the effect of providing that all maintained schools which form part of the public education system shall be inspected under the Bill by one enforcing authority rather than two—in other words, by the Factory Inspectorate.

This problem does not arise in Scotland, and a Scottish adaptation of the Amendment is therefore unnecessary.

Question put and agreed to.

Lords Amendment: In page 43, line 11, after "sections" insert "28".

Mr. Whitelaw

I beg to move, That this House doth agree with the Lords in the said Amendment.

Perhaps it would be convenient at the same time to discuss the related Amendment to page 43, line 42, after "sections" insert "28".

Following suggestions from both sides of the House, Clause 28 was inserted in the Bill on Report. That Clause requires all premises to have such means of escape as are reasonable in their circumstances. The object of these Amendments is to provide for this Clause to be enforced by the fire authority in the premises specified in subsections (4) and (6) of Clause 52. These premises comprise offices and shops in factories and in other premises covered by the Factories Act, railway premises, including coal depots, owned by railway undertakings, and also certain offices occupied by them, and offices and shops in mines and quarries.

We think that this is a reasonable arrangement, because the fire authority is already responsible for inspecting the means of escape in these premises under Clauses 29 and 30, wherever the premises are subject to certification.

Question put and agreed to.

Lords Amendment: In page 43, line 15, leave out "purpose" and insert "purposes".

Mr. Whitelaw

I beg to move, That this House doth agree with the Lords in the said Amendment.

The Amendment corrects a printing error. The hon. and learned Member for Derby, North (Mr. MacDermot) will be glad to know that it substitutes one word for one word.

Question put and agreed to.

Lords Amendment: In page 43, line 24, after "applies" insert: but not including such a building or part of a building as, by virtue of those provisions, is excluded from the said section 125(1)".

Mr. Whitelaw

I beg to move, That this House doth agree with the Lords in the said Amendment.

The Amendment was made in order to provide that wholesale warehouses would be inspected under the Bill by local authorities and not by the Factory Inspectorate. The House has already agreed to an Amendment made in another place to Clause1, extending the definition of warehouses under the Bill, and we have discussed the Amendment that it is proposed to make to Clause 73 removing certain warehouses covered by the Factories Act from the scope of that Act so that they can be dealt with under the Bill.

We do not think that it is logical, however, to leave the enforcement of the Bill in this limited group of warehouses to the Factory Inspectorate, and the Amendment has the effect of bringing responsibility for enforcement in such premises into line with the general pattern set out in the Bill.

Question put and agreed to.

Lords Amendment: In page 43, line 24, leave out from words last inserted to end of line 29 and insert: (d) railway premises; (e) office premises occupied by railway undertakers for the purposes of the railway undertaking carried on by them and situate in the immediate vicinity of the permanent way (not being office premises comprised in hotels); and (f) fuel storage premises owned by railway undertakers".

Mr. Hare

I beg to move, That this House doth agree with the Lords in the said Amendment.

This Amendment was made in order to provide that enforcement of the Bill in fuel storage premises on land owned by the railways should be carried out by the Factory Inspectorate. We think that this is a good arrangement, which should make for economy in administration, because factory inspectors will be enforcing the Bill generally in railway premises and will therefore be visiting the areas in which these railway coal depots are situated.

Question put and agreed to.

Subsequent Lords Amendment agreed to.