§ Mr. Cryerasked the Secretary of State for Employment how many persons or firms were prosecuted in each of the districts of Her Majesty's Inspectorate of Factories during 1973 for contravention of the Factories Act 1961 and associated regulations.
§ Mr. Harold WalkerI am arranging for the information to be obtained and will circulate it in the OFFICIAL REPORT as soon as possible.
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§ Mr. Cryerasked the Secretary of State for Employment why he proposes to make a new Code of Protection of Eyes Regulations under the powers conferred on him by Section 76 of the Factories Act 1961 and not under Section 65.
§ Mr. Harold WalkerRegulations made under Section 65 alone could be applied only to factories and not to other premises, under the Factories Act, such as building operations and works of engineering construction. The schedules of the current statutory draft of the Protection of Eyes Regulations include processes carried on in the construction industry.
In addition, Section 65 allows eye protection to be required only
to protect the eyes of persons employed in the process".Regulation 6 of the current statutory draft requires protection to be provided in certain cases for persons at risk from but not employed in a specified process. Such a provision would be ultra vires of the powers in Section 65.
Therefore, the regulations are made under the powers conferred jointly by Sections 65, 76 and 180.