Offices, Shops and Railway Premises Act 1963
Encyclopedia
The Offices, Shops and Railway Premises Act 1963 is an Act
of the Parliament of the United Kingdom
. At the time of its passage, the Act was intended to extend the protection of workplace health, safety and welfare
under the Factories Act 1961
to other employees in Great Britain
. Though some of it remains in force, it has largely been superseded by the Health and Safety at Work etc. Act 1974 and regulations made under it
.
Breach of the residual provisions is still a crime
punishable on summary conviction in the Magistrates' Court
by a fine of up to £400 or, on indictment
in the Crown Court
, imprisonment
for up to two years and an unlimited fine.
In the event of damage
arising from a breach of the Act, there may be civil liability for breach of statutory duty. Though no such liability is stipulated by the Act itself, none is excluded and the facts could be such as to give rise to a cause of action
in that tort
. A breach not actionable in itself may be evidential towards a claim for common law
negligence
. In particular, a criminal conviction may be given in evidence.
which had already led to the Mines and Quarries Act 1954, Agriculture (Safety, Health and Welfare Provisions) Act 1956 and Factories Act 1961
. The 1963 Act extended protection to a further 8 million employees.
These provisions were repeal
ed and superseded, as far as they applied to "workplaces", by the Workplace (Health, Safety and Welfare) Regulations 1992
with effect from 1 January 1993 for new workplaces and 1 January 1996 for established workplaces. There is still a potential residual scope of application to "offices, shops and railway premises" that are not "workplaces" as the definition of "workplace" is in some ways limited.
Section 17 made requirements for the safeguarding of machinery but was repealed and superseded by the Provision and Use of Work Equipment Regulations 1992 between 1 January 1993 and 1 January 1997.
Section 18 prohibited persons under 18 from cleaning certain hazardous machinery but was repealed and superseded by the Health and Safety (Young Persons) Regulations 1997 on 3 March 1997.
Sections 20 to 22 gave the Secretary of State the power to make regulations under the Act but these powers were repealed with the coming into force of the 1974 Act.
Section 23 restricted manual lifting of weights that might cause injury but these requirements were repealed and superseded by the Manual Handling Operations Regulations 1992 on 1 January 1993.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. At the time of its passage, the Act was intended to extend the protection of workplace health, safety and welfare
Occupational safety and health
Occupational safety and health is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment. The goal of all occupational safety and health programs is to foster a safe work environment...
under the Factories Act 1961
Factories Act 1961
The Factories Act 1961 is an Act of the Parliament of the United Kingdom. At the time of its passage, the Act consolidated much legislation on workplace health, safety and welfare in Great Britain. Though some of it remains in force, it has largely been superseded by the Health and Safety at Work...
to other employees in Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
. Though some of it remains in force, it has largely been superseded by the Health and Safety at Work etc. Act 1974 and regulations made under it
Health and safety regulations in the United Kingdom
In the United Kingdom there are many regulations relevant to health, safety and welfare at work. Many of these give effect to European Union directives.-Regulations made under the Health and Safety at Work etc. Act 1974:...
.
Breach of the residual provisions is still a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
punishable on summary conviction in the Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
by a fine of up to £400 or, on indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
in the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
, imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
for up to two years and an unlimited fine.
In the event of damage
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
arising from a breach of the Act, there may be civil liability for breach of statutory duty. Though no such liability is stipulated by the Act itself, none is excluded and the facts could be such as to give rise to a cause of action
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
in that tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
. A breach not actionable in itself may be evidential towards a claim for common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...
. In particular, a criminal conviction may be given in evidence.
Background
The Act stemmed from the 1949 Gowers ReportErnest Gowers
Sir Ernest Arthur Gowers GCB GBE Hon. D.Litt Hon. ARIBA was a British civil servant, now best known for work on style guides for writing the English language.-Life:...
which had already led to the Mines and Quarries Act 1954, Agriculture (Safety, Health and Welfare Provisions) Act 1956 and Factories Act 1961
Factories Act 1961
The Factories Act 1961 is an Act of the Parliament of the United Kingdom. At the time of its passage, the Act consolidated much legislation on workplace health, safety and welfare in Great Britain. Though some of it remains in force, it has largely been superseded by the Health and Safety at Work...
. The 1963 Act extended protection to a further 8 million employees.
Health, safety and welfare of employees (general provisions)
Sections 4 to 16 defined general broad requirements for safe and healthy workplace working conditions:- CleanlinessCleanlinessCleanliness is both the abstract state of being clean and free from dirt, and the process of achieving and maintaining that state.Cleanliness may be endowed with a moral quality, as indicated by the aphorism "cleanliness is next to godliness," and may be regarded as contributing to other ideals...
; - Overcrowding;
- TemperatureTemperatureTemperature is a physical property of matter that quantitatively expresses the common notions of hot and cold. Objects of low temperature are cold, while various degrees of higher temperatures are referred to as warm or hot...
; - ventilationVentilation (architecture)Ventilating is the process of "changing" or replacing air in any space to provide high indoor air quality...
; - LightingLightingLighting or illumination is the deliberate application of light to achieve some practical or aesthetic effect. Lighting includes the use of both artificial light sources such as lamps and light fixtures, as well as natural illumination by capturing daylight...
; - Sanitary conveniences;
- Washing facilities;
- Supply of drinking waterDrinking waterDrinking water or potable water is water pure enough to be consumed or used with low risk of immediate or long term harm. In most developed countries, the water supplied to households, commerce and industry is all of drinking water standard, even though only a very small proportion is actually...
; - Accommodation for clothing;
- Sitting facilities;
- Seating for sedentary work;
- Eating facilities; and
- Construction and maintenanceMaintenance, Repair and OperationsMaintenance, repair, and operations or maintenance, repair, and overhaul involves fixing any sort of mechanical or electrical device should it become out of order or broken...
of floorFloorA floor is the walking surface of a room or vehicle. Floors vary from simple dirt in a cave to many-layered surfaces using modern technology...
s, stairwayStairwayStairway, staircase, stairwell, flight of stairs, or simply stairs are names for a construction designed to bridge a large vertical distance by dividing it into smaller vertical distances, called steps...
s and passageways.
These provisions were repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
ed and superseded, as far as they applied to "workplaces", by the Workplace (Health, Safety and Welfare) Regulations 1992
Workplace (Health, Safety and Welfare) Regulations 1992
The Workplace Regulations 1992 is a United Kingdom Statutory Instrument that stipulates general requirements on accommodation standards for nearly all workplaces...
with effect from 1 January 1993 for new workplaces and 1 January 1996 for established workplaces. There is still a potential residual scope of application to "offices, shops and railway premises" that are not "workplaces" as the definition of "workplace" is in some ways limited.
Section 17 made requirements for the safeguarding of machinery but was repealed and superseded by the Provision and Use of Work Equipment Regulations 1992 between 1 January 1993 and 1 January 1997.
Section 18 prohibited persons under 18 from cleaning certain hazardous machinery but was repealed and superseded by the Health and Safety (Young Persons) Regulations 1997 on 3 March 1997.
Sections 20 to 22 gave the Secretary of State the power to make regulations under the Act but these powers were repealed with the coming into force of the 1974 Act.
Section 23 restricted manual lifting of weights that might cause injury but these requirements were repealed and superseded by the Manual Handling Operations Regulations 1992 on 1 January 1993.