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OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - LONG TITLE An Act to make provision for securing the health, safety and welfare of persons employed to work in office or shop premises; and for connected purposes. [7th July 1966] Scope of Act OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 1 1.(1) The premises to which this Act applies are office premises and shop premises, being (in either case) premises in the case of which persons are employed to work therein. (2) In this Act (a)"office premises" means a building or part of a building, being a building or part the sole or principal use of which is as an office or for office purposes; (b)"office purposes" includes the purposes of administration, clerical work, handling money and telephone and telegraph operating; and (c)"clerical work" includes writing, book-keeping, sorting papers, filing, typing, duplicating, machine calculating, drawing and the editorial preparation of matter for publication; (3) In this Act (a)"shop premises" means (i)a shop; (ii)a building or part of a building, being a building or part which is not a shop but of which the sole or principal use is the carrying on there of retail trade or business; <(iii)a building occupied by a wholesale dealer or merchant where goods are kept for sale wholesale or a part of a building so occupied where goods are so kept, but not including a warehouse belonging to the owners, trustees or commissioners of a dock, wharf or quay; <(iv)a building to which members of the public are invited to resort for the purpose of delivering there goods for repair or other treatment or of themselves there carrying out repairs to, or other treatment of, goods, or a part of a building to which members of the public are invited to resort for that purpose; (v)any premises (in this Act referred to as "fuel storage premises") occupied for the purpose of a trade or business which consists of, or includes, the sale of solid fuel, being premises used for the storage of such fuel intended to be sold in the course of that trade or business, but not including dock storage premises [or colliery storage premises]; (b)"retail trade or business" includes the sale to members of the public of food or drink for immediate consumption, retail sales by auction and the business of lending books or periodicals for the purpose of gain; (c)"solid fuel" means coal, coke and any solid fuel derived from coal or of which coal or coke is a constituent; and (d)"dock storage premises" means fuel storage premises which constitute or are comprised in premises to which certain provisions of the Factories Act (Northern Ireland) 1965 (in this Act referred to as "the Factories Act") apply by virtue of section 123(1) (docks, etc.) of that Act; <[(e)"colliery storage premises" means fuel storage premises which form part of premises which, for the purposes of the enactments for the regulation of mines, form part of a mine, other than premises where persons are regularly employed to work by a person other than the owner (as defined by those enactments) of the mine;] (4) For the purposes of this Act premises maintained in conjunction with office or shop premises for the purpose of the sale or supply for immediate consumption of food or drink wholly or mainly to persons employed to work in the premises in conjunction with which they are maintained shall, if they neither form part of those premises nor are required by the foregoing provisions of this section to be treated as forming part of them, be treated for the purposes of this Act as premises of the class within which fall the premises in conjunction with which they are maintained. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 2 Exception for premises in which only employer's relatives or outworkers work. 2.(1) This Act shall not apply to any premises to which it would, apart from this subsection, apply, if none of the persons employed to work in the premises is other than the husband, wife, parent, grandparent, son, daughter, grandchild, brother or sister of the person by whom they are so employed. (2) A dwelling shall not, for the purposes of this Act, be taken to constitute or comprise premises to which this Act applies by reason only that a person dwelling there who is employed by a person who does not so dwell does there the work that he is employed to do in compliance with a term of his contract of service that he shall do it there. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 3 Exception for premises where only 21 man-hours weekly normally worked. 3.(1) This Act shall not apply to any premises to which it would, apart from this subsection, apply, if the period of time worked there during each week does not normally exceed twenty-one hours. (2) For the purposes of this section the period of time worked in any premises shall be deemed to be (a)as regards a week in which one person only is employed to work in the premises, the period of time worked by him there; (b)as regards a week in which two persons or more are so employed, the sum of the periods of time for which respectively those persons work there. Subs.(3) rep. by SR 1979/284 Cleanliness. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 4 4.(1) All premises to which this Act applies, and all furniture, furnishings and fittings in such premises shall be kept in a clean state. (2) No dirt or refuse shall be allowed to accumulate in any part of the premises to which this Act applies in which work, or through which pass, any of the persons employed to work in the premises; and the floors of, and any steps comprised in, any such part as aforesaid shall be cleaned not less than once a week by washing or, if it is effective and suitable, by sweeping or other method. Subs.(3) rep. by SR 1979/284 (4) [Subsection (2) shall not] be construed as being in derogation of the general obligation imposed by subsection (1). (5) Nothing in this section or in regulations thereunder shall apply to fuel storage premises which are wholly in the open, and, in the case of such premises which are partly in the open, so much of them as is in the open shall, for the purposes of this section and of such regulations, be treated as not forming part of the premises. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 5 Overcrowding. 5.(1) No room comprised in, or constituting, premises to which this Act applies shall, while work is going on therein, be so overcrowded as to cause risk of injury to the health of persons working therein; and in determining, for the purposes of this subsection, whether any such room is so overcrowded as aforesaid, regard shall be had (amongst other things) not only to the number of persons who may be expected to be working in the room at any time but also to the space in the room occupied by furniture, furnishings, fittings, machinery, plant, equipment, appliances and other things (whether similar to any of those aforesaid or not). (2) The number of persons habitually employed at a time to work in such a room as aforesaid shall not be such that the quotient derived by dividing by that number the number which expresses in square feet the area of the surface of the floor of the room is less than forty or the quotient derived by dividing by the first-mentioned number the number which expresses in cubic feet the capacity of the room is less than four hundred. (3) Subsection (2) (a)shall not prejudice the general obligation imposed by subsection (1); (b)shall not apply to a room to which members of the public are invited to resort; and (c)shall not, in the case of a room comprised in, or constituting, premises of any class (being a room which at the passing of this Act is comprised in, or constitutes, premises to which this Act applies), have effect until the expiration of the period of three years beginning with the day on which subsection (1) comes into force as respects premises of that class. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 6 Temperature. 6.(1) Effective provision shall be made for securing and maintaining a reasonable temperature in every room comprised in, or constituting, premises to which this Act applies, being a room in which persons are employed to work otherwise than for short periods, but no method shall be used which results in the escape into the air of any such room of any fume of such a character and to such extent as to be likely to be injurious or offensive to persons working therein. (2) Where a substantial proportion of the work done in a room to which subsection (1) applies does not involve severe physical effort, a temperature of less than 16 degrees Centigrade (which is equivalent to 60.8 degrees Fahrenheit) shall not be deemed, after the first hour, to be a reasonable temperature while work is going on. (3) Subsections (1) and (2) shall not apply (a)to a room which comprises, or is comprised in or constitutes, office premises, being a room to which members of the public are invited to resort, and in which the maintenance of a reasonable temperature is not reasonably practicable; or (b)to a room which comprises, or is comprised in or constitutes, shop premises, being a room in which the maintenance of a reasonable temperature is not reasonably practicable or would cause deterioration of goods; (4) In premises to which this Act applies there shall, on each floor on which there is a room to which subsection (1) applies, be provided in a conspicuous place and in such a position as to be easily seen by the persons employed to work in the premises on that floor a thermometer of a kind suitable for enabling the temperature in any such room on that floor to be readily determined; and a thermometer provided in pursuance of this subsection shall be kept available for use by those persons for that purpose. Subs.(5) rep. by SR 1979/284 (6) It shall be the duty of the employer of persons for whom means of enabling them to warm themselves are provided in pursuance of subsection (3) to afford them reasonable opportunities for using those means, and if he fails so to do he shall be guilty of an offence. (7) In this section "fume" includes gas or vapour. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 7 Ventilation. 7.(1) Effective and suitable provision shall be made for securing and maintaining, by the circulation of adequate supplies of fresh or artificially purified air, the ventilation of every room comprised in, or constituting, premises to which this Act applies, being a room in which persons are employed to work. Subs.(2) rep. by SR 1979/284 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 8 Lighting. 8.(1) Effective provision shall be made for securing and maintaining, in every part of premises to which this Act applies in which persons are working or passing, sufficient and suitable lighting, whether natural or artificial. Subs.(2) rep. by SR 1979/284 (3) All glazed windows and skylights used for the lighting of any part of premises to which this Act applies in which work, or through which pass, any of the persons employed to work in the premises shall, so far as reasonably practicable, be kept clean on both the inner and outer surfaces and free from obstruction; but this subsection shall not affect the white-washing or shading of windows or skylights for the purposes of mitigating heat or glare. (4) All apparatus installed at premises to which this Act applies for producing artificial lighting thereat in parts in which the securing of lighting is required by this section to be provided for shall be properly maintained. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 9 Sanitary conveniences. 9.(1) There shall, in the case of premises to which this Act applies, be provided, at places conveniently accessible to the persons employed to work in the premises, suitable and sufficient sanitary conveniences for their use. (2) Conveniences provided in pursuance of subsection (1) shall be kept clean and properly maintained and effective provision shall be make for lighting and ventilating them. Subs.(3)(4) rep. by SR 1979/284 (5) Subsection (1) shall be deemed to be complied with in relation to any premises as regards any period during which there are in operation arrangements for enabling the persons employed to work in the premises to have the use of sanitary conveniences provided for the use of others, being conveniences whose provision would have constituted compliance with that subsection had they been provided in pursuance thereof for the first-mentioned persons and with respect to which the requirements of subsection (2) are satisfied. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 10 Washing facilities. 10.(1) There shall, in the case of premises to which this Act applies, be provided, at places conveniently accessible to the persons employed to work in the premises, suitable and sufficient washing facilities, including a supply of clean, running hot and cold or warm water and, in addition, soap and clean towels or other suitable means of cleaning or drying. (2) Every place where facilities are provided in pursuance of this section shall be provided with effective means of lighting it and of ventilating it and shall be kept clean and in orderly condition, and all apparatus therein for the purpose of washing or drying shall be kept clean and be properly maintained. Subs.(3)(4) rep. by SR 1979/284 (5) Subsection (1) shall be deemed to be complied with in relation to any premises as regards any period during which there are in operation arrangements for enabling the persons employed to work in the premises to have the use of washing facilities provided for the use of others, being facilities whose provision would have constituted compliance with that subsection had they been provided in pursuance thereof for the first-mentioned persons and which are provided at a place with respect to which the requirements of subsection (2) are satisfied. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 11 Supply of drinking water. 11.(1) There shall, in the case of premises to which this Act applies, be provided and maintained, at suitable places conveniently accessible to the persons employed to work in the premises, an adequate supply of wholesome drinking water. (2) Where a supply of water provided at a place in pursuance of subsection (1) is not piped, it must be contained in suitable vessels and must be renewed at least daily; and all practicable steps must be taken to preserve it and the vessels in which it is contained from contamination. (3) Where water a supply of which is provided in pursuance of this section is delivered otherwise than in a jet from which persons can conveniently drink, there shall either (a)be provided, and be renewed so often as occasion requires, a supply of drinking vessels of a kind designed to be discarded after use; or (b)be provided a sufficient number of drinking vessels of a kind other than as aforesaid, together with facilities for rinsing them in clean water. (4) Subsection (1) shall be deemed to be complied with in relation to any premises as regards any period during which there are in operation arrangements for enabling the persons employed to work in the premises to avail themselves of a supply of drinking water provided and maintained for the use of others, being a supply whose provision and maintenance would have constituted compliance with that subsection had it been provided and maintained for the use of the first-mentioned persons, and (a)where the supply provided is not piped, the requirements of subsection (2) are satisfied as respects it and the vessels in which it is contained; and (b)where the water supplied is delivered as mentioned in subsection (3), the requirements of that subsection are satisfied. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 12 Accommodation for clothing. 12.(1) There shall, in the case of premises to which this Act applies (a)be made, at suitable places, suitable and sufficient provision for enabling such of the clothing of the persons employed to work in the premises as is not worn by them during working hours to be hung up or otherwise accommodated; and (b)be made, for drying that clothing, such arrangements as are reasonably practicable or, if a standard of arrangements for drying that clothing is prescribed, such arrangements as conform to that standard. (2) Where persons are employed to do such work in premises to which this Act applies as necessitates the wearing of special clothing, and they do not take that clothing home, there shall, in the case of those premises, (a)be made, at suitable places, suitable and sufficient provision for enabling that clothing to be hung up or otherwise accommodated; and (b)be made, for drying that clothing, such arrangements as are reasonably practicable or, if a standard of arrangements for drying that clothing is prescribed, such arrangements as conform to that standard. Subs.(3) rep. by SR 1979/284 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 13 Sitting facilities. 13.(1) Where persons who are employed to work in office or shop premises have, in the course of their work, reasonable opportunities for sitting without detriment to it, there shall be provided for their use, at suitable places conveniently accessible to them, suitable facilities for sitting sufficient to enable them to take advantage of those opportunities. (2) Where persons are employed to work in a room which comprises, or is comprised in or constitutes, shop premises, being a room whereto customers are invited to resort, and have in the course of their work, reasonable opportunities for sitting without detriment to it, facilities provided for their use in pursuance of subsection (1) shall be deemed not to be sufficient if the number of seats provided and the number of the persons employed are in less ratio than 1 to 3. (3) It shall be the duty of the employer of persons for whose use facilities are provided in pursuance of the foregoing provisions of this section to permit them to use them whenever the use thereof does not interfere with their work, and if he fails so to do he shall be guilty of an offence. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 14 Seats for sedentary work. 14.(1) Without prejudice to the general obligation imposed by section 13, where any work done in any premises to which this Act applies is of such a kind that it (or a substantial part of it) can, or must, be done sitting, there shall be provided for each person employed to do it there a seat of a design, construction and dimensions suitable for him and it, together with a foot-rest on which he can readily and comfortably support his feet if he cannot do so without one. (2) A seat provided in pursuance of subsection (1), and a foot-rest so provided that does not form part of a seat, must be adequately and properly supported while in use for the purpose for which it is provided. (3) For the purpose of subsection (1), the dimensions of an adjustable seat shall be taken to be its dimensions as for the time being adjusted. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 15 Eating facilities. 15. Where persons employed to work in shop premises eat meals there, suitable and sufficient facilities for eating them shall be provided. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 16 Fencing of exposed parts of machinery. 16.(1) All floors, stairs, steps, passages and gangways comprised in premises to which this Act applies shall be of sound construction and properly maintained and shall, so far as is reasonably practicable, be kept free from obstruction and from any substance likely to cause persons to slip. (2) For every staircase comprised in such premises as aforesaid, a substantial hand-rail or hand-hold shall be provided and maintained, which, if the stair case has an open side, shall be on that side; and in the case of a staircase having two open sides or of a staircase which, owing to the nature of its construction or the condition of the surface of the steps or other special circumstances, is specially liable to cause accidents, such a hand-rail or hand-hold shall be provided and maintained on both sides. (3) Any open side of a staircase to which subsection (2) applies, shall also be guarded by the provision and maintenance of efficient means of preventing any person from accidentally falling through the space between the hand-rail or hand-hold and the steps of the staircase. (4) All openings in floors comprised in premises to which this Act applies shall be securely fenced, except in so far as the nature of the work renders such fencing impracticable. (5) The foregoing provisions of this section shall not apply to any such part of any fuel storage premises as is in the open, but in relation to any such part the following provisions shall have effect, namely, (a)the surface of the ground shall be kept in good repair; (b)all steps and platforms shall be of sound construction and properly maintained; (c)all openings in platforms shall be securely fenced, except in so far as the nature of the work renders such fencing impracticable. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 17 Avoidance of exposure of young persons to danger in cleaning machinery. 17.(1) Every dangerous part of any machinery used as, or forming, part of the equipment of premises to which this Act applies shall be securely fenced unless it is in such a position or of such construction as to be as safe to every person working in the premises as it would be if securely fenced. (2) In so far as the safety of a dangerous part of any machinery cannot, by reason for the nature of the operation effected by means of the machinery, be secured by means of a fixed guard, the requirements of subsection (1) shall be deemed to be complied with if a device is provided that automatically prevents the operator from coming into contact with that part. (3) In determining, for the purposes of subsection (1), whether a moving part of any machinery is in such a position or of such construction as is therein mentioned, no account shall be taken of any person carrying out while the part is in motion an examination thereof or any lubrication or adjustment shown by the examination to be immediately necessary, if the examination, lubrication or adjustment can only be carried out while the part is in motion. (4) Fencing provided in pursuance of the foregoing provisions of this section shall be of substantial construction, be properly maintained and be kept in position while the parts required to be fenced are in motion or use, except when any such parts are necessarily exposed for examination and for any lubrication or adjustment shown by the examination to be immediately necessary. (5) Subsection (3), and so much of subsection (4) as relates to the exception from the requirement thereby imposed, shall only apply where the examination, lubrication or adjustment in question is carried out by such persons who have attained the age of eighteen as may be specified in regulations made by the Ministry and all other such conditions as may be so specified are complied with. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 18 Training and supervision of persons working at dangerous machines. 18.(1) No young person employed to work in premises to which this Act applies shall clean any machinery used as, or forming, part of the equipment of the premises if doing so exposes him to risk of injury from a moving part of that or any adjacent machinery. (2) In this section "young person" means a person who has not attained the age of eighteen. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 19 Prohibition of heavy work. 19.(1) No person employed to work in premises to which this Act applies shall work there at any machine to which this section applies unless he has been fully instructed as to the dangers arising in connection with it and the precautions to be observed, and (a)has received a sufficient training in work at the machine; or (b)is under adequate supervision by a person who has a thorough knowledge and experience of the machine. (2) This section applies to such machines as may be prescribed by order of the Ministry, being machines which appear to the Ministry to be of such a dangerous character that persons ought not to work at them unless the foregoing requirements are complied with. Ss.2022 rep. by SR 1979/284 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 23 First-aid: general provisions. 23.(1) No person shall, in the course of his work in premises to which this Act applies, be required to lift, carry or move a load so heavy as to be likely to cause injury to him. Subs.(2) rep. by SR 1979/284 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 24 1971 c.32 24.(1) In the case of all premises to which this Act applies there shall be provided so as to be readily accessible a first-aid box complying with the requirements of subsection (2), or a first-aid cupboard so complying, and, where the number of persons employed to work in the premises exceeds one hundred and fifty at any one time, an additional such box or cupboard for each unit of one hundred and fifty persons comprised in the excess (any fraction of a unit being treated as one). (2) The said requirements are that the box or cupboard (a)contains first-aid requisites and appliances of such descriptions and in such quantities as may be prescribed by order made by the Ministry; and (b)contains no articles other than first-aid requisites or appliances. (3) A first-aid box or cupboard provided in the case of any premises in pursuance of the foregoing provisions of this section must be in the charge of a responsible person, and no box or cupboard so provided must be in the charge of a person who has charge of another box or cupboard provided in those premises in pursuance of the said provisions. (4) Where persons to a number exceeding the relevant number are employed to work at any one time in premises to which this Act applies, then (a)if no more than one first-aid box or cupboard is required by this section to be provided in the case of the premises, the person in charge of it must be trained in first-aid treatment and always available during working hours; (b)if two or more boxes or cupboards are so required to be so provided, one of the persons in charge of the respective boxes or cupboards must be so trained and available. In this subsection "relevant number", in relation to any premises, means one hundred and fifty or such less number as may by regulations be prescribed by the Ministry in relation either to premises generally or to premises of a class within which the first-mentioned premises fall. (5) Where paragraph (a) of subsection (4) applies to any premises, there must be displayed therein, at such place, in such a position, and in such characters, as to be easily seen and read by the persons employed to work in the premises, a notice stating the name of the person in charge of the box or cupboard and the fact of his being in charge of it; and where paragraph (b) of that subsection applies to any premises, there must be displayed therein, at such place, in such a position, and in such characters, as aforesaid, a notice stating (a)in a case where the availability of a single person is relied on to secure compliance with that paragraph, his name, the fact of his being in charge of a first-aid box or cupboard and that he is always available during working hours; (b)in a case where the availability of one or other of two or more persons is so relied on, the names of each of them, the fact of their each being in charge of a first-aid box or cupboard, and that one or other of them is always so available. (6) For the purposes of this section a person shall be deemed not to be trained in first-aid treatment unless he satisfies such conditions as may be prescribed by order made by the Ministry. (7) Where a first-aid room is maintained at, or in conjunction with, premises to which this Act applies, and arrangements exist for securing the immediate treatment in that room of persons who, while in the premises, suffer bodily injury or become ill, the authority having power to enforce compliance, in the case of those premises, with the foregoing provisions of this section, may by instrument served on the occupier of the premises, exempt the premises, so long as the arrangements continue in force, from the requirements of the said provisions to such extent and subject to such conditions as may be specified in the instrument. (8) Subsection (5) shall not apply to fuel storage premises which are wholly in the open, but in the case of such premises which are wholly in the open there must be given to each person employed to work there a notice stating the like particulars as would be stated in such a notice as for the time being would, by virtue of that subsection, be required to be displayed in the premises if that subsection applied to them. (9) This section shall not apply to (a)premises which, for the purposes of the enactments for the regulation of mines and quarries, form part of a mine or quarry; or (b)premises which are comprised in an institution which provides medical or surgical treatment for in-patients or an institution which is carried on by a person registered under [Part I of the Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971]. Ss.2527 rep. by SR 1979/284 Certification of premises by appropriate authority. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 28 28.(1) All premises to which this Act applies shall be provided with such means of escape in case of fire for the persons employed to work therein as may reasonably be required in the circumstances of the case. (2) In determining, for the purposes of this section, what means of escape may reasonably be required in the case of any premises, regard shall be had (amongst other things) not only to the number of persons who may be expected to be working in the premises at any time but also to the number of persons (other than those employed to work therein) who may reasonably be expected to be resorting to the premises at that time. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 29 Maintenance of means of escape in case of fire, and inspection by appropriate authority. 29.(1) Subject to the provisions of subsection (8) and of regulations made under subsection (9) and to the following provisions of this Act, it shall not be lawful (a)for more than twenty persons to be employed to work at any one time in any premises to which this Act applies; (b)for more than ten persons to be so employed elsewhere than on the ground floor of any such premises; or (c)for any person to be employed to work in any such premises in or underneath which explosive or highly flammable materials of a kind prescribed by regulations made by the Ministry are used or are stored in a quantity not less than such as may be so prescribed; (i)the aggregate of persons employed to work at any one time in both (or all) of the sets of premises exceeds twenty; or (ii)more than ten persons are employed at any one time to work in one of them elsewhere than on the ground floor of the building, or, of the aggregate of the persons employed to work at any one time in both (or all) of them, more than ten are employed to work at that time elsewhere than as aforesaid. (2) An application for the issue of a fire certificate with respect to any premises must be made to the appropriate authority in such form as may be prescribed by order made by the Ministry and state the greatest number of persons employed to work at any one time in the premises or proposed to be so employed and such other, if any, particulars as may be so prescribed, and, if regulations made by the Ministry so require, must be accompanied by such plans of the premises as may be specified in the regulations. (3) Where such an application is duly made with respect to any premises, and (if that is required by virtue of subsection (2)) is accompanied by the specified plans, it shall be the duty of the appropriate authority to cause an inspection to be carried out of the premises and the means of escape therefrom in case of fire for the persons employed to work therein, or proposed to be so employed, with which the premises are provided and, if satisfied that the means with which the premises are provided are such as may reasonably be required in the circumstances of the case, to issue a certificate to that effect. (4) Where the appropriate authority, after causing, in pursuance of subsection (3), an inspection to be carried out of any premises, inform the applicant that they will not issue a fire certificate with respect to the premises unless specified alterations are made thereto, they shall specify the time within which the alterations are to be carried out and, if the certificate is not issued, it shall be deemed to have been refused at the expiration of the time so specified or such further time as the authority may have allowed. (5) A fire certificate issued with respect to any premises shall (a)specify the greatest number of persons who, in the opinion of the appropriate authority, can safely be employed to work at any one time in the premises as a whole and, if the appropriate authority think fit, in any specified part thereof; (b)if the appropriate authority think fit, specify the greatest number of persons who, in the opinion of the appropriate authority, can safely be in the premises at any one time; (c)specify precisely and in detail the means of escape provided and state which of them are to be treated as relevant for the purposes of the following provisions of this Act relating to the marking of exits affording or giving access to means of escape; (d)if the appropriate authority be of opinion that there inhere in the premises special risks of the outbreak or spread of fire, state that the authority are of that opinion and specify those risks; (6) A fire certificate issued with respect to any premises shall be kept there so long as it is in force. (7) If any persons are employed to work in any premises in contravention of subsection (1), the occupier of the premises shall be guilty of an offence and liable to a fine not exceeding two hundred pounds or, on a second or subsequent conviction, not exceeding five hundred pounds. (8) Subsection (1) shall not render unlawful the employment of persons to work in any premises during the period beginning with the day on which an application (accompanied, if that is required by virtue of subsection (2), by the specified plans of the premises) for the issue of a fire certificate with respect to the premises is duly made to the appropriate authority and ending with the day on which, as the case may be, a fire certificate is issued pursuant to that application or the issue of a fire certificate pursuant thereto is refused. (9) The Ministry may by ... regulations so modify subsection (1) that it renders unlawful the employment of persons to work in premises of a class specified in the regulations whose employment to work there would not otherwise be unlawful by virtue of that subsection or so modify that subsection that it ceases to render unlawful the employment of persons to work in premises of a class so specified whose employment to work there would otherwise be unlawful by virtue of that subsection. (10) Subsection (2) of section 28 shall have effect for the purposes of this section as it has effect for the purposes of that section. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 30 Right of appeal against matters arising out of sections 29 and 30. 30.(1) All means of escape specified in a fire certificate shall be properly maintained and kept free from obstruction. (2) So long as a fire certificate is in force with respect to any premises, the appropriate authority may at any time cause the premises to be inspected for the purpose of ascertaining whether there has been a change of conditions by reason of which the existing means of escape in case of fire have become insufficient. (3) If, while a fire certificate is in force with respect to any premises, it is proposed to make a material extension to, or material structural alteration of, the premises, to increase the number of persons employed to work therein at any one time above that stated in the certificate, to begin to use therein materials of a kind prescribed by virtue of section 29(1)(c) or to begin to store therein such materials in a quantity not less than that so prescribed, the occupier shall, before effect is begun to be given to the proposals, give to the appropriate authority notice of the proposals. (4) If, (a)the appropriate authority are satisfied, with respect to any premises with respect to which a fire certificate is in force (whether as a result of an inspection caused by them to be carried out under subsection (2) or otherwise), that the existing means of escape from the premises in case of fire have, in consequence of a change of conditions, become insufficient; or (b)the appropriate authority are satisfied, with respect to any premises with respect to which a notice under subsection (3) has been given to them, that the giving of effect to the proposals notified will result in the means of escape from the premises in case of fire becoming insufficient; (5) In the event of a contravention of a requirement or prohibition imposed by a notice served under subsection (4) with respect to any premises, the occupier of the premises shall be guilty of an offence, and upon his conviction thereof the appropriate authority shall cancel the fire certificate issued with respect to the premises; and the appropriate authority may cancel the fire certificate issued with respect to any premises if they are satisfied that there has been such a contravention as aforesaid with respect to the premises (whether or not proceedings are brought in respect of the contravention). (6) Where the appropriate authority are satisfied, with respect to any premises with respect to which a notice under subsection (3) has been given to them, that the giving of effect to the proposals notified will not result in the means of escape from the premises in case of fire becoming insufficient, they shall, upon production of the fire certificate in force with respect to the premises, cause to be written on the certificate a statement that they are so satisfied. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 31 Power of court to make order for putting down dangerous conditions in regard to means of escape in case of fire. 31.(1) A person who is aggrieved (a)by the refusal of the appropriate authority to issue a fire certificate with respect to any premises; (b)by the refusal of the appropriate authority to amend a fire certificate issued with respect to any premises; (c)by being required under section 30(4) by the appropriate authority to make any alterations to any premises or by the period within which he is so required to make any such alterations; (d)by the prohibition under section 30(4) by the appropriate authority of the carrying out of proposals till alterations shall have been made to any premises; or (e)by the cancellation, in pursuance of section 30(5), of a fire certificate issued with respect to any premises; (2) Where an appeal is brought under this section against the refusal of the appropriate authority to issue a fire certificate with respect to any premises or the cancellation in pursuance of section 30(5) of a fire certificate issued with respect to any premises, section 29(1) shall not render unlawful the employment of persons to work in the premises until the appeal is finally determined. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 32 1964 c.21 32. If the appropriate authority are satisfied that the conditions in regard to escape in the case of fire in the case of any premises to which this Act applies are so dangerous that, until steps have been taken to remedy the danger, persons ought not (according to the circumstances of the case) (a)to be employed to work in the premises or in a particular part thereof, or (b)to be employed to work in connection with the carrying on in the premises or in a particular part thereof of some particular process, or (c)to be employed to do in the premises or in a particular part thereof some particular work; Fire alarms. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 33 33.(1) While a person employed to work in premises to which this Act applies is in the premises for the purpose of doing his work or eating a meal, the doors of any doorways through which he might have to pass so as to get out of the premises shall not be so locked or fastened that they cannot be immediately opened by him on his way out. (2) The contents of any room in premises to which this Act applies, being a room wherein work is done by any of the persons employed to work in the premises, shall be so arranged or disposed as to afford, to the persons who work in the room, free passageway to a means of escape in case of fire. (3) So long as a fire certificate with respect to any premises is in force, all exits affording, or giving access to, means of escape stated in the certificate to be relevant as mentioned in section 29(5)(c) (other than exits in ordinary use) shall be distinctively and conspicuously marked by notices printed in letters of adequate size. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 34 Power of Ministry to make regulations with respect to means of escape in case of fire. 34.(1) All premises to which this section applies shall be provided with effective means, capable of being operated without exposing any person to undue risk, of giving warning in case of fire. (2) All means of giving warning in case of fire with which any premises are provided in pursuance of this section shall be tested or examined at least once in every period of three months and whenever so required by the appropriate authority. (3) The Ministry may by regulations prescribe the nature of the test or examination to be carried out in pursuance of subsection (2). (4) This section applies to any premises with respect to which a fire certificate is in force and any premises in the case of which persons are for the time being employed to work therein, being persons whose employment so to work would, apart from section 29(8) or 31(2), be unlawful by virtue of section 29(1). OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 35 Employees to be made familiar with means of escape in case of fire. 35.(1) The Ministry may make, as respects premises to which this Act applies, or any specified class of such premises, regulations as to the means of escape in case of fire to be provided therein, but nothing in regulations under this subsection shall be construed as being in derogation of the general obligation imposed by section 28. (2) If any premises with respect to which a fire certificate is in force are not in conformity with regulations under this section applicable to the premises, the appropriate authority shall serve on the occupier of the premises notice requiring him to make to the premises, within such period as may be specified in the notice, such alterations as they consider necessary to bring the premises into conformity with the regulations, and, when the alterations are made, they shall amend the certificate or issue a new one. Sections 30(5) and 31 shall have effect in a case in which a notice is issued under this subsection with respect to any premises as they have effect in a case in which a notice is issued under section 30(4) requiring alterations to be made to premises. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 36 Fire prevention. 36.(1) Effective steps shall be taken to ensure that all persons employed to work in any such premises as are mentioned in section 34(4) are familiar with the means of escape from the premises in case of fire and their use and with the routine to be followed in case of fire. (2) The Ministry may make regulations as to the steps to be taken for the purposes of subsection (1) in premises to which that subsection applies or in any class of such premises. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 37 Provision of fire-fighting equipment. 37.(1) The Ministry may make, as respects premises to which this Act applies, or any specified class of such premises, ... regulations as to the measures to be taken to reduce the risk of the outbreak of fire therein or of the spread of any fire that breaks out therein or the smoke therefrom. (2) Regulations under subsection (1) may, amongst other things, prescribe requirements as to the internal construction of premises to which the regulations apply, and the materials used in that construction, and provide, as regards any of the provisions of the regulations, that some other person or persons shall be responsible for a contravention thereof instead of, or as well as, the occupier. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 38 Appropriate authority for purposes of sections 28 to 38. 38.(1) In all premises to which this Act applies there shall be provided and maintained appropriate means for fighting fire, which shall be so placed as to be readily available for use. (2) The Ministry may, as respects any class of premises to which this Act applies, make ... regulations prescribing means for fighting fire, and any such regulations may provide for the testing or examination of the means so specified and provide, as regards any of the provisions of the regulations, that some other person or persons shall be responsible for a contravention thereof instead of, or as well as, the occupier. (3) Any requirement imposed by regulations under subsection (2) may, so far as regards premises of the class to which the regulations apply, be imposed either in substitution for, or without prejudice to, the general requirements of subsection (1). OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 39 Exclusion of application of sections 28 to 38 to certain fuel storage premises and modification thereof in relation to others. 39. For the purposes of sections 28 to 38 the appropriate authority shall, as respects any premises, be (a)in the case of (i)premises to which section 51(3) applies, and (ii)premises to which section 51(4) applies, for the purposes of the application to such premises of section 34, (b)the Ministry; (b)in any other case, the fire authority. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 40 Duty of appropriate authority, if not concerned with construction of buildings, to consult authority so concerned before requiring alterations to be made. 40. Nothing in sections 28 to 38 or in regulations under any of those sections shall apply to fuel storage premises which are wholly in the open, and, in the case of such premises which are partly in the open, so much of them as is in the open shall, for the purposes of those sections and of such regulations, be treated as not forming part of the premises. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 41 Provisions with respect to buildings in single ownership. 41. Before the appropriate authority (a)inform the applicant for the issue of a fire certificate with respect to any premises that they will not issue the certificate unless specified alterations are made to the premises; or (b)serve, under section 30(4) or 35(2), a notice on the occupier of any premises; 1964 c.21 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 42 42.(1) A building to which this section applies is one all parts of which are in the same ownership and a part of which consists of premises to which this Act applies, being premises held under a lease or an agreement for a lease or under a licence; and in this section a reference to a common part of a building to which this section applies shall be taken to refer to a part of the building that is used for the purposes of, but is not comprised in, a part of the building that consists of premises to which this Act applies. (2) The following provisions shall have effect for securing the cleanliness of common parts of buildings to which this section applies, that is to say: (a)every common part of a building to which this section applies, and all furniture, furnishings and fittings in such a part, shall be kept in a clean state; Para.(b) rep. by SR 1979/284 (3) The following provisions shall have effect for securing the illumination of common parts of buildings to which this section applies, that is to say: (a)effective provision shall be made for securing and maintaining, in every such part of a common part of a building to which this section applies as the following, namely, a part in which persons are working or passing, suitable and sufficient lighting, whether natural or artificial; Para.(b) rep. by SR 1979/284 (c)all glazed windows and skylights used for the lighting of a part of a common part of a building to which this section applies in which the securing of lighting is required by this subsection to be provided for shall, so far as reasonably practicable, be kept clean on both the inner and outer surfaces and free from obstruction; (d)all apparatus installed in a common part of a builing to which this section applies for producing artificial lighting in a part of that part in which the securing of lighting is required by this subsection to be provided for shall be properly maintained; (4) Section 16(1) shall apply to floors, stairs, steps, passages and gangways comprised in, or constituting, a common part of a building to which this section applies as it applies to floors, stairs, steps, passages and gangways in premises to which this Act applies, subsection (2) of section 16 shall apply to a staircase comprised in, or constituting, a common part of such a building as it applies to such a staircase as is mentioned in that subsection, and section 16(3) shall apply to an open side of such a staircase as is first mentioned in this subsection as it applies to an open side of such a staircase as is mentioned in section 16(2). (5) In the event of a contravention, in relation to a common part of a building to which this section applies, of subsection (2) or (3) ..., and in the event of a contravention, in relation to any thing constituting, or comprised in, any such common part, of section 16 as applied by subsection (4), the owner of the building shall be guilty of an offence. (6) For a contravention, in relation to premises comprised in a building to which this section applies, of section 9 (other than a contravention consisting in a failure to keep clean conveniences provided in pursuance of that section, not being conveniences provided for use jointly by the persons employed to work in the premises and by other persons), the owner of the building shall be responsible instead of the occupier of the premises. (7) For a contravention, in relation to premises comprised in a building to which this section applies, of section 10 (other than a contravention consisting in a failure to provide means of cleaning or drying or a failure to keep clean and in orderly condition the place where facilities are provided in pursuance of that section, not being facilities provided for use jointly by the persons employed to work in the premises and by other persons) the owner of the building shall be responsible instead of the occupier of the premises. Subs.(8)(9) rep. by SR 1979/284 (10) In the application, to premises comprised in a building to which this section applies, of the provisions of this Act with respect to fire precautions, references to the premises shall be construed as including references to a part of the building that is used for the purposes of, but is not comprised in, the premises, and references to the owner of the building shall be substituted for references to the occupier of the premises. (11) A copy of any fire certificate issued with respect to any premises which, at the time of the issue of the certificate, are comprised in a building to which this section applies, shall be sent to the occupier of the premises by the authority who issued it and section 29(6) shall apply to the copy instead of to the certificate. (12) For a contravention, in relation to premises comprised in a building to which this section applies, of section 28, for a contravention, in relation to such premises, of section 30(1) (other than a contravention consisting in a failure to keep means of escape free from obstruction, being a contravention caused by the use of the premises), and for a contravention, in relation to such premises, of section 33(3) or of regulations under section 35(1), the owner of the building shall be responsible instead of the occupier of the premises. (13) Section 34(1) shall, in its application to premises comprised in a building to which this section applies, have effect as if it required the warning referred to therein to be perceptible in every part of the building used for the purposes of, but not comprised in, the premises, in every other set of premises comprised in the building which are premises to which this Act applies, and in every part of the building used for the purposes of, but not comprised in, any other such set of premises as aforesaid; and for a contravention, in relation to premises comprised in such a building, of that section, the owner of the building shall be responsible instead of the occupier of the premises. (14) If, on the hearing of proceedings brought by the owner of a building to which this section applies upon complaint under Part IX of the Magistrates' Courts Act (Northern Ireland) 1964, the court is satisfied that the occupier of any part of the building prevents the owner from making, to premises to which this Act applies which are comprised in the building, any alterations the making of which is requisite in order to permit the issue of a fire certificate with respect to the premises or any alterations specified in a notice served on him under section 30(4) or 35(2), or prevents the carrying out, in pursuance of, or of a requirement imposed under, section 34(2), of a test or examination of means of giving warning in case of fire, the court may order that occupier to permit the making of the alterations or, as the case may be, the carrying out of the test or examination. (15) The occupier of any premises to which this Act applies which are comprised in a building to which this section applies shall furnish to the owner of the building any information in the possession of the occupier the possession of which by the owner is requisite to enable him to comply, in the case of the premises, with section 30(3), and if the occupier fails so to do he shall be guilty of an offence. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 43 Power of authorities who enforce Act to grant exemptions from certain requirements thereof. 43. Where two sets or more of fuel storage premises any of which is held under a lease or an agreement for a lease or under a licence are established on a parcel of land all parts of which are in the same ownership, then (a)for a contravention, in relation to any of those sets of premises, of section 9 (other than a contravention consisting in a failure to keep clean conveniences provided in pursuance of that section, not being conveniences provided for use jointly by the persons employed to work in that set of premises and by other persons); and (b)for a contravention, in relation to any of those sets of premises, of section 10 (other than a contravention consisting in a failure to provide means of cleaning and drying or a failure to keep clean and in orderly condition the place where facilities are provided in pursuance of that section, not being facilities provided for use jointly by the persons employed to work in that set of premises and by other persons); S.44 rep. by SR 1979/284 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 45 Notification of accidents. 45.(1) The authority having power to enforce, with respect to any premises, the following provisions of this Act, namely, section 5(2) and sections 6 and 9, may, subject to such conditions as the authority may specify, (a)exempt the premises or any room therein from all or any of the requirements imposed by sections 5(2) and 6; (b)exempt the premises from all or any of the requirements imposed by section 9; (2) The authority having power to enforce section 10(1) with respect to any premises may, if satisfied that it is not reasonably practicable for running water to be supplied there or for running water so supplied to be heated, exempt the premises from so much of that subsection as requires the water supplied to be running water. (3) An exemption under subsection (1) of, or of a room in, any premises from a requirement of a provision of this Act may be granted for a period not exceeding two years, but may from time to time be extended for a further such period beyond the expiration of the period at the expiration of which it would otherwise expire if the authority having power to enforce that provision with respect to the premises are satisfied as mentioned in subsection (1) and are further satisfied that the person who, if the exemption were not in force, would be responsible for a contravention in relation to the premises of that provision (being a contravention consisting in a failure to comply with that requirement) has not failed to do anything the doing of which might have rendered compliance with that requirement reasonably practicable. (4) An exemption under subsection (2) may be granted without limit of time or for a specified period; but the grant of such an exemption for a specified period shall not preclude the grant of the like exemption for further periods. (5) An exemption of, or of a room in, any premises from a requirement imposed by a provision of this Act shall not be granted or extended under this section (a)except upon application made to [the authority having power to enforce with respect to the premises the provision imposing the requirement], in such form as may be prescribed by order made by the Ministry, (i)in a case where the grant of an exemption is sought, by the person who would be responsible for a contravention in relation to the premises of that provision (being a contravention consisting in a failure to comply with that requirement); (ii)in a case where the extension of an exemption is sought, by the person who, if the exemption were not in force, would be responsible as aforesaid; (b)unless the application is accompanied by a certificate in such form as may be so prescribed, that the obligation to which the applicant is subject by virtue of subsection (6)(a) has been complied with; and (c)until the expiration of the period of fourteen days beginning with the day next following that on which the application is made. (6) In relation to an application for the grant or extension of an exemption under this section of, or of a room in, any premises, compliance by the applicant with the following requirements shall be requisite, namely, (a)he must, immediately before the application is made, post in the premises, in such a position, and in such characters, as to be easily seen and read by the persons employed to work in the premises, a notice (i)stating that such an application is being made; (ii)specifying the requirement from which exemption or, as the case may be, further exemption, is being sought; <(iii)specifying the period for which the grant or, as the case may be, the extension, is being sought (or if, where a grant of exemption is being sought under subsection (2), it be the case that the grant thereof without limit of time is being sought, specifying that fact); <(iv)specifying the name and address of the authority to whom the application is being made and notifying the persons aforesaid that written representations with respect to the application may be made by any of them to that authority before the expiration of the period of fourteen days beginning with the day next following that on which the notice is posted in compliance with this paragraph; (b)he must keep the said notice posted as aforesaid throughout the last-mentioned period; (7) An exemption under this section of, or of a room in, any premises from a requirement imposed by a provision of this Act may, if the authority having power to enforce that provision with respect to the premises cease to be satisfied with respect to the matters with respect to which they were satisfied when the exemption was granted or, if the exemption has been extended under subsection (3), when it was extended, be withdrawn by that authority provided that three months' notice of intention to withdraw it has been given to the person who, if the exemption were not in force, would be responsible for a contravention in relation to the premises of that provision (being a contravention consisting in a failure to comply with that requirement). (8) Where an exemption of, or of a room in, any premises from a requirement imposed by a provision of this Act or an extension of such an exemption is granted under this section by an authority, a certificate of the grant or extension shall be sent by the authority to the person who, if the exemption were not in force, would be responsible for a contravention in relation to the premises of that provision (being a contravention consisting in a failure to comply with that requirement). (9) A certificate such as is mentioned in subsection (8) shall, so long as the exemption whose grant or extension is certified thereby continues in force, be kept posted in the premises to which the exemption relates in such a position as to be easily seen and read by the persons employed to work in the premises. (10) Notice of the refusal by an authority to grant or extend an exemption under this section shall be given by them to the applicant for the grant or extension and also (if it be the case that representations with respect to the application were duly made by the persons employed to work in the premises to which the application related or any of those persons), either individually to such of those persons as duly made representations or to a person appearing to the authority to be representative of such of those persons as duly made representations or to each of a number of persons who appear to the authority to be representative between them of such of those persons as duly made representations. (11) A person who is aggrieved (a)by the refusal of an authority to grant or extend an exemption under this section of, or of a room in, any premises; or (b)by a notice of intention to withdraw such an exemption; or (c)by any conditions attached to such an exemption; (12) Where, on an appeal under subsection (11), a court of summary jurisdiction grants or extends an exemption under subsection (1) for any period or directs an authority so to grant or extend it, the period shall not exceed two years. Subs.(13) rep. by SR 1979/284 (14) In relation to an application made under this section with respect to, or to a room in, premises which form part of a building to which section 42 applies, subsection (6) shall have effect with the substitution, for the words in paragraph (a) "post in the premises", of the words "post in the premises or in a part of the building which for the purposes of section 42 is referred to as a common part of the building". Subs.(15) rep. by SR 1979/284 S.46 rep. by SR 1979/284 Notification of fact of employment of persons. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 47 47.(1) Where an accident in any premises to which this Act applies or in any common part (within the meaning of section 42) of a building of which such premises form part (a)causes loss of life to a person employed to work in the premises; or (b)disables any such person for more than three days from doing his usual work; (2) Where an accident causing disablement is notified under this section, and after notification thereof results in the death of the person disabled, notice of the death shall, as soon as it comes to the knowledge of the occupier of the premises in which the accident occurred, be sent by him to the appropriate authority. (3) Where an accident to which this section applies occurs to a person employed to work in any premises to which this Act applies and the occupier of the premises is not the actual employer of the person killed or disabled, the actual employer shall, if he fails to report the accident to the occupier immediately, be guilty of an offence and liable [on summary conviction] to a fine not exceeding ten pounds. Subs.(4) rep. by SR 1979/284 (5) In this section "appropriate authority", in relation to any premises, means the authority having, ..., the power to enforce sections 4 to 27 with respect to the premises. Authorities who are to enforce Act. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 48 48.(1) Before a person first begins, after the commencement of this subsection with respect to any office or shop premises, to employ persons to work therein, he shall serve on the appropriate authority two copies of a notice stating that persons will be employed by him so to work and containing such other, if any, information as may be prescribed by order of the Ministry, being a notice in such form and of such size as may be so prescribed. Subs.(2) rep. by SR 1979/284 (3) A person who fails to comply with an obligation to which he is subject by virtue of ... subsection (1) ... shall be guilty of an offence and liable [on summary conviction] to a fine not exceeding twenty pounds. (4) Proceedings for an offence under this section may be commenced at any time within twelve months from the time when the offence was committed. (5) In this section "appropriate authority" has the same meaning as in section 47. Ss.49,50 rep. by SR 1979/284 1972 NI 12 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 51 51.(1) It shall be the duty of every [district council] to enforce within [its district] ... the foregoing provisions of this Act and regulations thereunder (a)except sections 28 to 38 and regulations under any of them; and (b)except, as regards any other section or regulations, in a case for which provision for the enforcement of that section or those regulations is made by the following provisions of this section; (2) It shall be the duty of the fire authority ... to enforce ... (and for that purpose to appoint inspectors) sections 28 to 38 and regulations under any of those sections, subject, however, to the following qualifications: (a)[it] shall not have the duty to enforce those sections and regulations with respect to premises falling within subsection (3); (b)[it] shall not have the duty to enforce, with respect to premises falling within subsection (4), section 33, 34 or 36, regulations under section 37, section 38(1) or regulations under section 38(2). (3) The foregoing provisions of this Act and regulations thereunder shall, as regards, (a)02premises comprised in premises used for the purposes of an educational establishment (including a school or an institution of further education) [or for the purposes of a library which in either case is under the management of an education and library board within the meaning of the Education and Libraries (Northern Ireland) Order 1972]; (c)premises occupied by [the fire authority] ...; (4) The foregoing provisions of this Act and regulations thereunder (except sections 28, 29 and 30 and regulations under section 35) shall, as regards (a)premises which are not, for the purposes of the Factories Act, a factory but which, but for the operation of section 175(6) of that Act, would, for the purposes of that Act, form part of a factory, not being premises contained in office or shop premises; [(b)office premises erected at, or adjacent to, a place where there are carried on operations to which section 125(1) of the Factories Act (Northern Ireland) 1965 applies or works to which that section applies, being premises erected for the purpose of, or in connection with, the operation or works]; (c)premises which, but for the following provisions of this Act, would, for the purposes of section 121(1), 122(1) or 123(1) of the Factories Act, form part of premises to which, as the case may be, the said section 121(1), the said section 122(1) or the said section 123(1) applies, but not including such a building or part of a building as, by virtue of those provisions, is excluded from the said section 123(1); (d)office or shop premises which, for the purposes of the enactments for the regulation of mines and quarries, form part of a mine or quarry, Power of fire authority authorities to indemnify its inspectors. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 52 52.(1) An inspector shall for the purposes of this Act have power (on production, if demanded, of his credentials) (a)to enter, at any reasonable time, any such premises as the following, and to inspect the whole or any part thereof and anything therein, that is to say: (i)any premises to which this Act applies; (ii)any premises (other than as aforesaid) in which any conveniences, facilities or other thing are or is provided in pursuance of this Act or regulations thereunder; <(iii)any premises which, for the purposes of section 42 constitute a common part of a building to which that section applies; <(iv)any premises falling within section 50; (v)any premises which he has reasonable cause to believe to be premises falling within any of the foregoing sub-paragraphs; and <(vi)any premises with respect to which he has reasonable cause to believe that materials of a kind prescribed by virtue of section 29(1)(c) are therein used or are therein stored in a quantity not less than that so prescribed, being premises situate underneath premises to which this Act applies; (b)to make such examination and inquiry as may be necessary (i)to ascertain whether, so far as regards any such premises as aforesaid or conveniences, facilities or other things therein provided, the provisions of this Act and regulations thereunder are complied with; or (ii)to verify any belief that he has formed that any premises fall within sub-paragraph (i), (ii), (iii) or (iv) of paragraph (a) or that, in premises situate as mentioned in sub-paragraph (vi) of that paragraph, materials of a kind therein mentioned are used or are stored as so mentioned; or <(iii)to identify the owner or occupier of any premises falling within sub-paragraph (i), (ii), (iii) or (iv) of paragraph (a); (c)on entering any premises to take with him a constable if he has reasonable cause to apprehend any serious obstruction in the exercise of the powers conferred on him by this subsection; (d)for the purpose of any examination or inquiry under the foregoing provisions of this subsection to require any person whom he finds in any such premises as are mentioned in paragraph (a) or whom he has reasonable cause to believe to be, or to have within the preceding two months been, employed to work in any such premises, to answer (in the absence of persons other than any whom the inspector may allow to be present) such questions as the inspector may reasonably require him to answer and to sign a declaration of the truth of his answers, so, however, that a person shall not be required under this paragraph to answer any question or to give any information (other than his name and address) if to do so might [incriminate that person or the husband or wife of that person]; (e)to require the production of, and to inspect, any fire certificate in force with respect to any premises to which this Act applies; (f)to require any person having responsibilities in relation to any such premises as are mentioned in paragraph (a) (whether or not the owner or occupier of the premises or a person employed to work therein) to give him such facilities and assistance with respect to any matters or things to which the responsibilities of that person extend as are necessary for the purpose of enabling the inspector to exercise any of the powers conferred on him by this subsection; (g)to exercise such other powers as may be necessary for carrying this Act into effect. (2) A person who (a)fails to comply with any requirement imposed by an inspector under subsection (1); or (b)prevents, or attempts to prevent, any other person from appearing before an inspector or from answering any question to which an inspector may, by virtue of that subsection, require an answer; or (c)obstructs an inspector in the exercise of his functions; Ss.53,54 rep. by SR 1979/284 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 55 Restriction of disclosure of information. 55. Where an action has been brought against an inspector appointed under section 51 ... (2) in respect of an act done by him in the execution or purported execution of this Act and the circumstances are such that he is not legally entitled to require the authority by whom he was appointed to indemnify him, the authority may, nevertheless, indemnify him against the whole or part of any damages and costs or expenses which he may have been ordered to pay or may have incurred, if [it is] satisfied that he honestly believed that the act complained of had been within the scope of his employment and that his duty under this Act required or entitled him to do it. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 56 Annual reports to Ministry by district councils and fire authority. 56. If a person discloses (otherwise than in the performance of his duty or for the purposes of any legal proceedings, including arbitrations, or for the purposes of a report of any such proceedings as aforesaid) any information obtained by him in any premises entered by him in exercise of powers conferred under this Act, he shall be guilty of an offence .... OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 57 Offences. 57.[(1) Each district council and the fire authority shall as soon as practicable after the 31st December of each year (and in any event not later than the 31st March following that day) make to the Ministry a report of its proceedings under this Act during that year, being a report containing particulars with respect to such matters arising thereunder as the Ministry may by order prescribe.] (2) A copy of every report made in pursuance of subsection (1) by [a district council or the fire] authority shall be kept at the [respective offices thereof], shall be open to inspection by any person on payment at all reasonable hours free of charge and shall be supplied to any person of a reasonable charge therefor. S.58 rep. by 1969 c.13 (NI) s.42(1) sch.5; SRO (NI) 1973/211; SR 1979/284 Penalty for offences for which no express penalty is provided. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 59 59.(1) In the event of a contravention, in relation to any premises to which this Act applies, of any such provisions of this Act as are mentioned in subsection (2) or of regulations made under any such provisions, then (a)except in a case falling within paragraph (b) or (c), the occupier of the premises shall be guilty of an offence; (b)in a case where the contravention is one for which, under this Act, some other person or persons is or are made responsible as well as the occupier of the premises, that other person or those other persons and the occupier shall each be guilty of an offence; (c)in a case where the contravention is one for which, under this Act, some other person or persons is or are made responsible instead of the occupier of the premises, that other person or each of those other persons shall be guilty of an offence. (2) The provisions of this Act referred to in subsection (1) are sections 4, 5, 6(1) to (5), 7 to 12, 13(1), 14 to 19, 23, 24, 28, 29(6), 30(1), 33 to 38, 45(9) and 47(1) and (2). (3) Where exemption from a requirement imposed by any provision of this Act referred to in subsection (1), or any regulation made under such a provision, is granted subject to a condition and the condition is not complied with, the person, or each of the persons, who would under paragraph (a), (b) or (c) (whichever is applicable) of subsection (1) have been guilty of an offence, in the absence of the exemption, by reason of a contravention of that provision or regulation shall, in respect of the failure to comply with the condition, be guilty of an offence. [(4) A person who contravenes a provision of regulations under section 20 or 49 of this Act shall be guilty of an offence.] OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 60 Continuing offences. 60.(1) A person guilty of an offence under this Act for which no express penalty is provided shall be liable to a fine not exceeding sixty pounds. (2) Subsection (1) shall, in a case where the court by which a person is convicted of any such offence as aforesaid is satisfied (and its order so states) that the contravention constituting the offence was likely to cause the death of, or serious bodily injury to, any person, have effect as if, for the reference to sixty pounds, there were substituted a reference to three hundred pounds. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 61 Defence available to persons charged with offences. 61.(1) Where a person is convicted of an offence under any provision of this Act and the contravention in respect of which he was convicted is continued after the conviction, he shall be guilty of a further offence and shall be liable on summary conviction, in addition to any other penalty, to a fine not exceeding fifteen pounds for each day on which the contravention is so continued. (2) An offence under this section shall be a continuing offence and accordingly fresh proceedings in respect thereof may be taken from time to time. S.62 rep. by SR 1979/284 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 63 Removal of documents posted in pursuance of Act or regulations under it. 63. It shall be a defence for a person charged with an offence arising out of (a)a contravention of a provision either of this Act or of regulations thereunder; or (b)a failure to comply with any condition subject to which an exemption from any requirement of such a provision has been granted; S.64 rep. by SR 1979/284 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 65 Prosecution of offences. 65. If, without reasonable excuse, a person removes, ..., a notice or other document which is for the time being posted or displayed in any premises in pursuance of a provision of this Act or of regulations thereunder, he shall be guilty of an offence and liable [on summary conviction] to a fine not exceeding ten pounds. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 66 Power of inspector to make a complaint under section 32. 66.(1) All offences under this Act shall be prosecuted in manner provided by the Summary Jurisdiction Acts. Subs.(2)(3) rep. by SR 1979/284 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 67 Power of county court to modify agreements and apportion expenses. 67.Subs.(1) rep. by SR 1979/284 (2) An inspector of [the fire authority] may, if duly [authorised in that behalf by a resolution of] the authority, make a complaint under section 32 with respect to any premises with respect to which [it is] the appropriate authority for the purposes of that section. Subs.(3) rep. by SR 1979/284 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 68 Amendment of section 121(1) of Factories Act, and provisions consequential thereon. 68.(1) A person who, by reason of the terms of an agreement or lease relating to any premises, is prevented from therein carrying out or doing any structural or other alterations or other thing whose carrying out or doing is requisite in order to secure compliance with a provision of this Act or of regulations thereunder which is, or will become, applicable to the premises, in order to comply with a requirement imposed by a notice served under section 30(4) or 35(2) or in order to enable effect to be given to proposals without contravention of a prohibition imposed by a notice served under section 30(4), may apply to the county court, and the court may make such an order setting aside or modifying any terms of the agreement or lease as the court considers just and equitable in the circumstances of the case. (2) Where the carrying out or doing in any premises of any structural or other alterations or other thing whose carrying out or doing is requisite as mentioned in subsection (1) involves a person having an interest in the premises in expense or in increased expense, and he alleges that the whole or part of the expenses or, as the case may be, the increase ought to be borne by some other person having an interest in the premises, the first-mentioned person may apply to the county court and the court, having regard to the terms of any agreement or lease relating to the premises, may by order give such directions with respect to the persons by whom the expense or increase is to be borne, and in what proportions it is to be borne by them and, if need be, for modification of the terms of any such agreement or lease so far as concerns rent payable in respect of the premises as the court considers just and equitable in the circumstances of the case. Amendment of section 123(1) of Factories Act, and provisions consequential thereon. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 69 69.(1) For the purposes of subsection (1) of section 121 (application of Act to electrical stations) of the Factories Act, office premises to which this Act applies which are comprised in premises to which that subsection applies shall, notwithstanding that they are so comprised, be deemed not to form part of the premises. Subs.(2) rep. by SR 1979/284 (3) Regulations under this section may provide that, for the purposes of the application to premises to which the said section 121(1) applies of subsection (4) of the said section 60, persons employed to work in premises which, by virtue of the regulations, are deemed for the purposes of the said section 60 to form part of the first-mentioned premises shall (according as may be specified in the regulations) be left out of account or be taken into account to a number (ascertained in accordance with the regulations) less than the full number thereof. Subs.(4) rep. by SR 1979/284 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 70 Supplementary provisions with respect to premises for which a fire certificate is required. 70.(1) For the purposes of subsection (1) of section 123 (docks, etc.) of the Factories Act, office premises to which this Act applies which are comprised in premises to which that subsection applies shall, notwithstanding that they are so comprised, be deemed not to form part of the premises. Subs.(2) rep. by SR 1979/284 (3) The reference in the said section 123(1) to a warehouse in or for the purposes of which mechanical power is used, being a warehouse neither forming part of a factory nor belonging to the owners, trustees or commissioners of a dock, wharf or quay, shall be construed as not including a building occupied by a wholesale dealer or merchant where goods are kept for sale wholesale or a part of a building so occupied where goods are so kept. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 71 1931 c.iv 71.(1) Where plans of a building or of an extension of a building are, in accordance with building bye-laws, deposited with a district council, and the building or, as the case may be, the building as extended (a)will be a building containing premises of a kind to which this Act applies; and (b)appears to the council to be likely to be the subject of an application under section 29; (2) Neither Para.(a) rep. by 1969 c.13 (NI) s.42(1) sch.5 (b)section 85 of the Londonderry Corporation Act (Northern Ireland) 1931, section 19 of the Belfast Corporation (General Powers) Act (Northern Ireland) 1948 (means of escape from fire in the case of certain high buildings) or any corresponding provision of any other local Act, 1878 c.52 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 72 72. None of the following provisions, that is to say, (a)section 107(6) of the Public Health (Ireland) Act 1878 (which includes, amongst the statutory nuisances that may be dealt with summarily under that Act, dirty, ill-ventilated or overcrowded workplaces); (b)section 48 of the said Act of 1878 and section 22 of the Public Health Acts Amendment Act 1890 (provision of sanitary conveniences in certain workplaces); (c)section 39 of the Public Health Acts Amendment Act 1907 (provision and conversion of closet accommodation); Para.(d) rep. by 1969 c.13 (NI) s.42(1) sch.5 (e)subsection (2) of section 11 of the Factories Act (which includes, amongst the nuisances referred to in paragraph (a), malodorous workplaces); Paras.(i)(ii) amend s.11 of 1965 c.20 (NI); para.(iii) rep. by 1969 c.13 (NI) s.42(1) sch.5 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 73 Ministry to report to Parliament. 73. A person required by or under a local Act to effect any alterations to, or to any apparatus or fittings in, a building shall not be treated as having acted in contravention of that enactment by reason of his failure to effect those alterations in so far as the failure is attributable to the fact that remedying it would involve a contravention of this Act or regulations thereunder. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 74 Regulations. 74. The Ministry shall annually lay before Parliament a report of its proceedings under this Act and generally about the operation of this Act. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 75 1978 NI 9 75.(1) Any regulations made under this Act by the Ministry shall be subject to negative resolution. (2) Any power conferred by this Act to prescribe standards or impose requirements shall include power to do so by reference to the approval of the Ministry. [(3) The provisions of Article 46 of the Health and Safety at Work (Northern Ireland) Order 1978 shall apply to any power, to make an order which is exercisable by statutory rule and conferred by this Act, as they apply to a power to make regulations.] Subs.(4)(5) rep. by SR 1979/284 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 76 1969 c.13 76.Subs.(1) rep. by SLR 1976; subs.(2) rep. by SRO (NI) 1973/211 (3) Any expenses incurred by [the fire authority] under this Act shall be defrayed as if those expenses had been incurred under the [Fire Services Act (Northern Ireland) 1969]. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 77 Exclusion of application to visiting forces. 77.(1) The following provisions of this Act, namely sections 4 to [19], 23, 24, 27, 28, 29(1) and (10), 33, 34, 35(1), 36 to 38 and 42 shall, in so far as they impose duties failure to comply with which might give rise to a liability in tort, be binding upon the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland, and accordingly, for the purposes of those provisions and regulations under any of them, persons in the service of the Crown shall be taken to be employed if, apart from this subsection, they would not be so taken. (2) Section 24(7) shall, in its application to premises occupied by the Crown, have effect with the substitution, for the reference to the authority having power to enforce compliance with the foregoing provisions of that section, of a reference to the Ministry. (3) Section 29(1) shall, in its application to premises owned or occupied by the Crown, have effect with the substitution, for the reference to the appropriate authority, of a reference to the Ministry; and sections 29(2) to (8), 30(2) to (6), 32 and 35(2) shall not apply to premises occupied by the Crown or to premises which, though not so occupied, form part of a building owned by the Crown. (4) Section 45 shall, in the case of premises occupied by the Crown, have effect as if, for any reference to an authority having power to enforce any provision of this Act, there were substituted a reference to the Ministry and as if the words in subsection (3) from "and are further satisfied" onwards, and [subsections (5) to (14)], had been omitted; .... (5) Sections 51 and 52 shall not be construed as extending to the enforcement of provisions of this Act or regulations thereunder against the Crown or, in so far as they are enforceable, as regards premises owned or occupied by the Crown, against any other person, or as authorising the entry of premises occupied by the Crown, but any such provisions and regulations shall, in so far as they are enforceable, as regards premises owned or occupied by the Crown, against any other person, be enforceable by the Ministry. (6) The reference in subsection (1) to a liability in tort shall be construed as not including such a liability towards a member of the armed forces of the Crown, and the reference in that subsection to persons in the service of the Crown shall be construed as not including any such member. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 78 1952 c.67 78.(1) This Act shall not operate to create, towards a member of the naval, military or air forces of a country to which this section applies, a liability in tort against the Government of that country in respect of anything done or omitted by it or against another member of those forces in respect of anything done or omitted by him in the course of his duty. (2) This section applies to India, ..., Ghana, Malaysia, the Republic of Cyprus, Tanzania, Zambia [Botswana] [Lesotho] [21Swaziland] [Tonga] [Bangladesh] [Western Samoa, Nauru] [the New Hebrides] and any country designated for the purposes of any provision of the Visiting Forces Act 1952 by Order in Council under section 1(2) of that Act. (3) This Act shall not operate to create towards a member of a headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 who is a member of the naval, military or air forces of any country a liability in tort against the headquarters or organisation in respect of anything done or omitted by it or against another member thereof in respect of anything done or omitted by him in the course of his duty. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 79 Exclusion of application to premises occupied for transitory purposes. 79.(1) ..., nothing in this Act shall apply to any premises which, for the purposes of the Factories Act, form part of a factory. (2) With the exception of section 70(3), nothing in this Act shall apply to any premises which, not being office premises, are used for the sale of fish by wholesale and constitute, or are comprised in, premises to which certain provisions of the Factories Act apply by virtue of section 123(1) (docks, etc.) of that Act. (3) Nothing in this Act shall apply to any part below ground of premises which, for the purposes of the enactments for the regulation of mines, are a mine. OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 80 Interpretation. 80.(1) It shall be a defence in any legal proceedings to recover damages and in any prosecution, in so far as the proceedings or prosecution are or is based on an allegation of a contravention, in relation to any premises, of a provision of this Act or regulations thereunder, to prove that at the time of the alleged contravention the premises were occupied for a purpose that was accomplished before the expiration of a period beginning with the day on which they were occupied for that purpose and of such of the following lengths as is applicable to the circumstances of the case, that is to say, six months if the premises consist of a movable structure, and six weeks if not. (2) Subsection (1) shall not apply to a prosecution for an offence consisting in a failure to comply with an obligation imposed under section 48(1) to notify the appropriate authority that persons would be employed to work in any premises; but in any such prosecution it shall be a defence to prove that the persons in question were employed to work in the premises while they were occupied as mentioned in subsection (1). 1969 c.6 OFFICE AND SHOP PREMISES ACT (NORTHERN IRELAND) 1966 - SECT 81 81.(1) In this Act, "building" includes structure; "credentials" in relation to a person acting in any capacity means some duly authenticated document showing that he is authorised to act in that capacity; Definition rep. by SRO (NI) 1973/211 "employed" means employed under a contract of service or apprenticeship (whether oral or in writing, express or implied); ["the enactments for the regulation of mines" means the enactments contained in or made under the Mines Act (Northern Ireland) 1969; and "the enactments for the regulation of mines and quarries" means the enactments contained in or made under that Act and the Quarries Act (Northern Ireland) 1927;] "the Factories Act" has the meaning assigned to it by section 1(3)(d); ["the fire authority" means the Fire Authority for Northern Ireland;] "fire certificate" means a certificate issued under section 29(3); "fish" includes molluscs and crustaceans; "fuel storage premises" has the meaning assigned to it by section 1(3)(a)(v); Definition rep. by SRO (NI) 1973/211 "inspector" means an inspector appointed under section 51 by ... [... the fire authority]; ["the Ministry" means the Department of Manpower Services;] "notice" means a notice in writing; "office premises" has the meaning assigned to it by section 1(2); "owner" means the person for the time being receiving the rackrent of the premises, building or part of a building in connection with which the word is used, whether on his own account or as agent or trustee for another person, or who would so receive the rackrent if the premises, building or part were let at a rackrent; "shop premises" has the meaning assigned to it by section 1(3); "week" means the period between midnight on Saturday night and midnight on the succeeding Saturday night. (2) References in this Act to machinery, plant, equipment or appliances shall be construed as including references to electrical fittings and, in this subsection, "electrical fittings" means electric lines, fittings, apparatus and appliances designed for use by consumers of electricity for lighting, heating, motive power and other purposes for which electricity can be used. Subs.(3) rep. by SRO (NI) 1973/211 (2) Commencement Schedule 1 rep. by SR 1979/284. Schedule 2 rep. by SLR 1973 c.55

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	Statutes of Northern Ireland
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Statutes of Northern Ireland