[28th June 2010]
BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

PART 1 FUNCTIONS OF THE DEPARTMENT

General duty of the Department
1—(1) The Department of Agriculture and Rural Development (“the Department”) has the general duty of promoting afforestation and sustainable forestry.
(2) The Department must carry out that duty—
(a) in relation to forestry land, in such a way as to promote and encourage the enjoyment and recreational use of that land by the public; and
(b) in relation to other forests, in such a way as to promote the social benefits of those forests.
(3) In this Act—
“forest” includes woodland;
“forestry” includes—
(a) the production and supply of forest products and the maintenance of adequate reserves of growing trees;
(b) the management and development of forests so as to contribute to the protection of the environment, biodiversity and the mitigation of, or adaptation to, climate change.
“forestry land” means any land held by the Department for the purposes of any of its functions under this Act;
“forest products” means timber and other products derived from, or produced in the course of, forestry.

Principal powers of the Department
2—(1) The Department may—
(a) acquire by agreement any land which it requires for the purposes of, or in connection with, the carrying out of any of its functions under this Act;
(b) dispose of any forestry land;
(c) erect such buildings and execute such other works on forestry land as the Department considers necessary for the purposes of any of its functions under this Act;
(d) make, on such terms and conditions as the Department thinks fit, payments in respect of the afforestation (including the clearing, draining, fencing, planting or replanting, and maintenance) of land to any person who—
(i) owns that land; or
(ii) appears to the Department to have a substantial estate in that land,
(e) make, on such terms and conditions as the Department thinks fit, payments for the purpose of forestry management;
(f) establish and carry on, or assist in the establishment and carrying on of, woodland industries;
(g) manage, plant and otherwise use for purposes connected with forestry any land held by the Department;
(h) acquire forest products and sell or otherwise dispose of any forest products belonging to the Department or to any other person, and generally promote the supply, sale and use of forest products;
(i) undertake, or give assistance or advice in relation to, the clearing, drainage, fencing, planting or replanting, maintenance, use, management or supervision of any forest or any land suitable for forestry.
(2) The powers of the Department under subsection (1)(h) and (i) are exercisable in relation to the forest products, forest or land of any other person only on such terms as may be agreed with that person.

Provision of facilities on forestry land
3—(1) For the purpose of improving the amenity of any forestry land, the Department may provide on that land such facilities as it considers desirable.
(2) Those facilities may include—
(a) parking places, caravan parks, camping sites, shelters and toilets;
(b) places for meals and refreshments;
(c) viewing points, bridlepaths, nature trails, arboreta, wildlife enclosures, interpretative centres, conservation areas and scenic drives;
(d) such other recreational, conservational or educational facilities as the Department considers appropriate.
(3) The Department may, with the approval of DFP, impose such charges on persons making use of any facilities provided by the Department under this section as it considers reasonable.

Use or development of forestry land
4—(1) The Department may use or develop forestry land for a purpose other than forestry.
(2) In determining whether and, if so, how to exercise its powers under this section the Department must have due regard to its general duty under section 1(1).

Compulsory acquisition of land
5—(1) The Department may acquire compulsorily any land which it requires, whether for a limited period or otherwise, for the purposes of, or in connection with, providing or improving access to any land so as to facilitate the carrying out of any of its functions under this Act.
(2) The power of acquiring land compulsorily under subsection (1) includes power to acquire, by the creation of a new right, an easement or other right over land.
(3) Schedule 1 has effect in relation to—
(a) the compulsory acquisition of land under subsection (1); and
(b) powers of entry in connection with the compulsory acquisition of land under that subsection.

Inquiries, information, etc.
6—(1) The Department may—
(a) carry on, or assist in the carrying on of, such inquiries as the Department thinks desirable for the purposes of any of its functions under this Act, and publish, assist in the publication of, or otherwise make known the result of such inquiries;
(b) collect and disseminate, or assist in the collection and dissemination of, such information as the Department thinks desirable for the purposes of promoting forestry;
(c) undertake the collection, preparation, publication and distribution of statistics relating to forestry or to any forest or land suitable for forestry.
(2) The powers under subsection (1) include powers to enter into arrangements with bodies outside Northern Ireland which carry out activities similar to those referred to in that subsection.
(3) The Department—
(a) shall provide and maintain a register providing such information as the Department considers appropriate as to the location and size of woodlands in Northern Ireland and the types of trees therein;
(b) shall publish that register in such form as the Department thinks appropriate at intervals not exceeding 10 years;
(c) may exercise the powers in subsection (1)(b) and (c) in connection with the provision or maintenance of that register.
(4) The Department may exploit any intellectual property or intangible assets arising from—
(a) the carrying out of any activity referred to in subsection (1);
(b) the exercise by the Department of its functions under section 5 of the Agriculture Act (Northern Ireland) 1949 (c. 2) (provision of instruction and undertaking of research) in relation to forestry.
(5) “Intellectual property” for the purpose of subsection (4) includes any patent, trademark, copyright, design right, registered design or plant breeder's right.
(6) Where the Department requests any person to provide or permit the collection of any information or statistics relating to any of the matters referred to in paragraphs (b) and (c) of subsection (1), that person commits an offence if—
(a) that person fails without reasonable excuse to comply with the request of the Department; or
(b) in purported compliance with the request of the Department, that person knowingly or recklessly makes a statement or gives information which is false in a material particular.
(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Incidental powers
7—(1) For the purpose of the exercise of its functions under this Part, the Department may—
(a) enter into arrangements with other persons or bodies;
(b) form, or participate in the forming of, a body corporate;
(c) invest in a body corporate;
(d) appoint a person to act as an officer of a body corporate.
(2) The powers under subsection (1)(b) to (d) are exercisable only with the approval of DFP.
(3) The power under subsection (1)(a) is exercisable for the purposes of the exercise of the functions of the Department under section 4(1) only with the approval of DFP.

PART 2 PROTECTION OF FOREST TREES FROM DAMAGE

Control of animals in forests
8—(1) This section applies where any trees growing on land falling within subsection (2) are being damaged by deer or hares (other than Irish hares).
(2) Land falls within this subsection if—
(a) it is land of 0.2 hectares or more in area which is forest; or
(b) it is land used for rearing young forest trees.
(3) The occupier of the land may take, kill or destroy any deer or hares (other than Irish hares) which are—
(a) on that land; or
(b) on any adjoining land which that person also occupies.

Control (with permission of occupier) of animals on land adjacent to forest
9—(1) In this section—
“land A” means any land falling within section 8(2);
“land B” means any land—
(a) which adjoins land A; or
(b) any part of which is within 500 metres of any part of land A.
(2) The following provisions apply where the Department is satisfied that trees growing on land A are being, or are likely to be, damaged by wild animals present on land B.
(3) The Department may serve on the occupier of land B a notice—
(a) stating that trees growing on land A are being, or are likely to be, damaged by wild animals present on land B; and
(b) requesting that the occupier—
(i) take effective steps, within 3 months of the date of the service of the notice, to prevent the damage; or
(ii) grant permission for an authorised person to enter land B and exercise the powers conferred by subsection (4).
(4) An authorised person may with the permission of the occupier take, kill or destroy any wild animals on land B.
(5) If land A or land B is unoccupied, subsections (3) and (4) apply with the substitution of references to the owner of that land for references to the occupier.
(6) In this section “wild animal” means any animal which is living wild and is likely to damage trees, other than—
(a) a bird;
(b) the Irish hare;
(c) an animal for the time being included in Schedule 5 to the Wildlife (Northern Ireland) Order 1985 (NI 2).
Prospective

Control of animals on land adjacent to forest
10—(1) In this section—
“land A” means any land falling within section 8(2);
“land B” means any land—
(a) which adjoins land A; or
(b) any part of which is within 500 metres of any part of land A.
(2) Subsection (3) applies where the Department reasonably suspects that trees growing on land A are being, or are likely to be, damaged by wild animals present on land B.
(3) An authorised person may inspect land B for the purpose of establishing—
(a) which wild animals (if any) are present on the land;
(b) the number of wild animals present on the land;
(c) whether any action should be taken by the Department under any of the following provisions of this section.
(4) Subsection (5) applies where the Department is satisfied (whether as a result of an inspection under subsection (3) or otherwise) that trees growing on land A are being, or are likely to be, damaged by any wild animals present on land B.
(5) The Department may serve on the occupier of land B a notice—
(a) stating that trees growing on land A are being, or are likely to be, damaged by wild animals present on land B; and
(b) requesting that, within 3 months of the date of the service of the notice, effective steps be taken to prevent the damage.
(6) Subsections (7) and (8) apply if the occupier of land B does not comply with a notice served under subsection (5).
(7) An authorised person may kill, take or destroy any wild animals on land B during such period (not exceeding 12 months) as the Department may specify by notice served on the occupier of that land.
(8) Where the occupier of land A is not the Department, any costs incurred by the Department in connection with an authorised person taking action under subsection (7) are recoverable as a civil debt from the occupier of land A.
(9) If land B is unoccupied, subsections (5) to (8) apply with the substitution of references to the owner of that land for references to the occupier.
(10) In this section “wild animal” has the same meaning as in section 9.

Removal or destruction of vegetation on adjoining land
11—(1) Subsection (2) applies where the Department is satisfied that, by reason of the presence of any vegetation on uncultivated land adjoining a forest, the forest is liable to be damaged by fire originating on the uncultivated land.
(2) The Department may serve on the occupier of the uncultivated land a notice—
(a) stating that the vegetation constitutes a potential danger to the forest; and
(b) requesting that, within 30 days from the date of service of the notice—
(i) any vegetation growing on the part of the land within a distance of 15 metres from the boundary of the forest be removed or destroyed; or
(ii) such other measures as are specified in the notice be taken in relation to that vegetation for the purposes of reducing the risk of the forest being damaged by fire.
(3) If the occupier does not comply with a notice served under subsection (2), an authorised person may, within 4 months from the date of the service of the notice, remove or destroy any vegetation growing on the part of the land within a distance of 15 metres from the boundary of the forest or take such other measures in relation to that vegetation as the Department considers appropriate for the purposes of reducing the risk of the forest being damaged by fire.
(4) If the uncultivated land is unoccupied, subsections (2) and (3) apply with the substitution of references to the owner of that land for references to the occupier.

Protection for persons acting under sections 8 to 11
12—(1) A person is not guilty of an offence under—
(a) section 7(1)(a) or 7A(1)(a) of the Game Preservation Act (Northern Ireland) 1928 (c. 25), or
(b) Article 19(1) or (4) of the Wildlife (Northern Ireland) Order 1985 (NI 2),
by reason of any act falling within subsection (2).
(2) An act falls within this subsection if it is done—
(a) in pursuance of the power in section 8(3), 9(4) or 10(7); or
(b) for the purpose of complying with a notice under section 9(3) or 10(5).
(3) A person is not guilty of an offence under—
(a) section 7B or 7E of the Game Preservation Act (Northern Ireland) 1928, or
(b) Article 10(4) or 14 of the Wildlife (Northern Ireland) Order 1985,
by reason of any act falling within subsection (4).
(4) An act falls within this subsection if it is done—
(a) for the purpose of complying with a notice under section 11(2); or
(b) in pursuance of the power in section 11(3).
(5) But nothing in section 8 or 10 affects the operation of any statutory provision relating to . . . firearm licences.

Burning of vegetation
13—(1) A person shall not burn any vegetation growing within one and a half kilometres of a forest which that person does not own unless that person has, within the period mentioned in subsection (2), served on the owner of the forest notice of that person's intention to burn that vegetation.
(2) That notice must be served not more than one month and not less than 14 days before the date on which it is intended to burn the vegetation.
(3) A person who burns any vegetation in contravention of subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(4) Where a notice has been served under subsection (1) on the owner of a forest, that owner may, within 10 days after receiving the notice, serve on the person serving the notice a counter-notice objecting to the proposed burning on the ground that it is liable to cause damage to the forest.
(5) Subsection (6) applies to a person who burns any vegetation—
(a) in contravention of subsection (1); or
(b) after receiving a counter-notice served under subsection (4).
(6) That person is liable for all damage caused by the burning to any forest in respect of which a notice was, or ought to have been, given under subsection (1); and accordingly damages are recoverable by the owner of that forest from the person burning the vegetation.
(7) Subsection (6) does not prejudice any other remedy or the rights of any other person.

Protection of forest trees, etc. from pests
14—(1) The Plant Health Act (Northern Ireland) 1967 (c. 28) is amended as follows.
(2) In section 3B (matters which may be included in orders under the Act) after subsection (1) insert—
“(1A) An order under this Act which contains a statement that it is made for the purpose of protecting forest trees, timber and other forest products from attack by pests, may impose such reasonable fees or other charges as the Department may, with the consent of the Department of Finance and Personnel, prescribe—
(a) in connection with applications for and the issue of any licence or certificate which may be issued in pursuance of such an order in connection with the import or export of any article;
(b) in respect of the performance by the Department of any service without the performance of which any requirement for the issue of such a licence or certificate would not be met.”.

PART 3 FELLING OF TREES

Restriction of felling

Requirement of licence for felling
15—(1) Subject to subsection (2), a person shall not fell trees growing on land of 0.2 hectares or more in area unless a licence granted by the Department under this Part (“a felling licence”) is in force authorising the felling.
(2) Subsection (1) does not apply to—
(a) the felling of trees with a diameter not exceeding 8 centimetres or, in the case of coppice or underwood, with a diameter not exceeding 15 centimetres;
(b) the felling of fruit trees;
(c) the felling of trees on land comprised in an orchard, garden, churchyard or on open space used (otherwise than in pursuance of Part 3 of the Access to the Countryside (Northern Ireland) Order 1983 (NI 18)) for the purpose of public recreation;
(d) the topping or lopping of trees or the trimming or laying of hedges;
(e) the felling by any person of trees on land occupied by that person or by a tenant of that person—
(i) where the trees have a diameter not exceeding 10 centimetres and the felling is carried out in order to improve the growth of other trees; or
(ii) where the aggregate cubic content of the trees which are felled by that person without a licence (exclusive of trees to whose felling subsection (1) does not apply) does not exceed 5 cubic metres in any quarter;
(f) the felling of trees for the prevention of danger or the prevention or abatement of a nuisance;
(g) the felling of a tree in compliance with any obligation imposed by or under any statutory provision (including a provision of this Act);
(h) the felling of a tree carried out by, or at the request of, an electricity undertaker, because the tree is or will be in such close proximity to an electric line or electrical plant which is kept installed or is being or is to be installed by the undertaker as to have the effect mentioned in paragraph 14(1)(a) or (b) of Schedule 4 to the Electricity (Northern Ireland) Order 1992 (NI 1);
(i) the felling of a tree where the felling is immediately required for the purpose of carrying out development authorised by planning permission;
(j) the felling by statutory undertakers of a tree on land in their occupation which obstructs the construction of any works required for the purposes of the undertaking by those undertakers, or of a tree which interferes with the maintenance or operation of any works vested in those undertakers;
(k) the felling of trees by a government department;
(l) the felling of a tree which requires the consentof a council or of the Department of the Environment under the provisions of a tree preservation order;
(m) the felling of a tree to which section 127 of the Planning Act (Northern Ireland) 2011 applies (trees in conservation area).
(3) Any person who fells trees in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale or twice the sum which appears to the court to be the value of the trees, whichever is the higher.
(4) Regulations may—
(a) make provision as to the calculation of the area of any land for the purposes of subsection (1);
(b) amend subsection (2), whether by amending or removing an existing exemption or adding a new exemption.
(5) In this section—
“electricity undertaker” means a licence holder within the meaning of Part 2 of the Electricity (Northern Ireland) Order 1992 by whom the powers conferred by paragraph 14 (tree lopping) of Schedule 4 to that Order are exercisable;
“electric line” and “electrical plant” have the same meanings as in Part 2 of the Electricity (Northern Ireland) Order 1992;
“planning permission” means permission granted or deemed to have been granted under the Planning (Northern Ireland) Order 1991;
“quarter” means the period of three months beginning with the 1st January, 1st April, 1st July or 1st October in any year;
“statutory undertaker” has the same meaning as in the Planning (Northern Ireland) Order 1991;
“tree preservation order” means an order made under Article 65 of the Planning (Northern Ireland) Order 1991;
and references to the diameter of trees shall be construed as references to the diameter, measured over the bark, at a point 1.3 metres above the ground level.

Application for felling licence
16—(1) An application for a felling licence may be made to the Department in the prescribed manner by any person who has such an estate in the land on which the trees are growing as enables that person, with or without the consent of any other person, to fell the trees.
(2) On an application under this section the Department may—
(a) grant the licence, subject to section 18; or
(b) refuse it.
(3) Where the Department refuses to grant a felling licence, it shall give notice in writing to the applicant of the grounds for the refusal.

Compensation on refusal of felling licence
17—(1) If the Department refuses an application for a felling licence in the case of any trees, any person who is for the time being the owner of the trees is entitled to compensation for any depreciation in the value of the trees which is attributable to deterioration in the quality of the timber comprised therein in consequence of the refusal of a felling licence for them.
(2) Compensation under this section shall be recoverable from the Department on a claim made in the prescribed manner.
(3) Claims for the compensation in the case of any trees may be made from time to time in respect of deterioration taking place after the refusal of a felling licence for those trees, but—
(a) no such claim shall be made in respect of deterioration taking place more than 10 years before the date of the claim; and
(b) if the trees have been felled, no such claim shall be made after the expiration of one year from the date of the felling.
(4) In calculating compensation—
(a) no account shall be taken of deterioration in the quality of the timber which is attributable to neglect of the trees after the refusal of a felling licence for them; and
(b) the value of the trees at any time shall be ascertained on the basis of prices current at the date of the claim.
(5) Any question of disputed compensation shall be referred to and determined by the Lands Tribunal.

Operation and conditions of felling licence
18—(1) A felling licence shall continue in force for such period (not being less than 5 years from the date on which it is granted) as is specified in the licence.
(2) A felling licence in respect of trees on any land shall be granted subject to—
(a) the conditions set out in the felling management plan for that land; and
(b) such other conditions (if any) as are specified in the licence.
(3) The felling management plan for any land is a document which sets out conditions regulating the felling of trees on that land authorised by a felling licence; and accordingly a felling licence authorises the felling of trees on any land in accordance with, and subject to, the felling management plan for the time being in force in relation to that land.
(4) The conditions in a felling management plan for any land may in particular—
(a) set out the times at which, or periods within which, the felling of specified trees is authorised;
(b) require the restocking or stocking of that land with trees of a specified species and the maintenance of those trees in accordance with the rules and practice of good forestry for a period not exceeding the period for which the licence remains in force;
(c) prohibit the restocking of open ground created by the felling of trees for a period not exceeding the period for which the licence remains in force.
(5) In determining the felling management plan for any land which consists of, or includes, ancient woodland, the Department shall have regard to the desirability of maintaining the special character of that woodland.
(6) Regulations may make provision about the drawing up, form, content and amendment of, and other matters relating to, felling management plans.

Deferred decision on an application for felling licence
19—(1) Where a person applies for a felling licence and the Department does not within 3 months after receiving the application, or within such further time as may be agreed with the applicant, give notice to the applicant of its decision on the application, the provisions of this Part apply in relation to the application as if it had been refused.
(2) Subsections (3) and (4) apply if on an application for a felling licence it appears to the Department that the applicant is not entitled to an estate in the land which would enable the applicant to comply with the conditions of the licence (if granted).
(3) The Department may give notice in writing to that effect to the applicant and postpone consideration of the application until the person entitled to such an estate is joined as a party to the application.
(4) Where a notice under subsection (3) is given, subsection (1) applies as if, instead of referring to a period of 3 months after the Department receives the application, it referred to a period of 3 months after the date on which the person entitled to such an estate in the land as is mentioned in the notice is joined as a party to the application.

Appeal against decision of Department on application for felling licence
20—(1) A person aggrieved by—
(a) the refusal of the Department to grant a felling licence on an application, or
(b) any conditions subject to which a felling licence is granted by the Department,
may appeal to a person appointed under section 26.
(2) On an appeal under this section the person appointed under section 26 may—
(a) confirm the decision of the Department on the application; or
(b) in the case of an appeal under subsection (1)(a), direct the Department to issue a felling licence subject to the such conditions as are specified in the direction; or
(c) in the case of an appeal under subsection (1)(b), direct the Department to modify the conditions subject to which the felling licence was granted.
(3) It is the duty of the Department to give effect to any direction under subsection (2)(b) or (c).
Prospective

Fees in connection with felling licences
21—(1) Such fees as may be prescribed shall be charged by the Department in respect of—
(a) applications for felling licences;
(b) the issue of felling licences;
(c) the continuation in force of felling licences.
(2) Regulations may provide—
(a) for fees to be payable at such times as may be prescribed;
(b) for fees to be payable in one sum or by instalments.
(3) The Department may decline to proceed with—
(a) any application for a felling licence, or
(b) the issue of any felling licence,
until any fee or instalment of a fee in respect of the application or issue (as the case may be) is duly paid.
(4) If, in the case of any application for a felling licence, any fee or instalment of a fee in respect of the application for or issue of the licence is not duly paid by the prescribed time—
(a) the application shall be treated as withdrawn at that time; and
(b) any decision made on the application ceases to have effect at that time.
(5) If any fee or instalment of a fee in respect of the continuation in force of a felling licence is not duly paid by the prescribed time, the licence terminates at that time.
(6) The Department may, if it considers there to be exceptional circumstances that justify its doing so in any case where subsection (4) or (5) has applied, direct that as from the time mentioned in that subsection its effect in that case be disregarded.
(7) Regulations under this section may provide for fees to be remitted or refunded (in whole or part) in prescribed cases.

Restocking notice

Power of Department to require restocking after unauthorised felling
22—(1) The Department may serve a notice under this section (a “restocking notice”) on a person where it appears to the Department that—
(a) the person has committed an offence under section 15(3); and
(b) the person has such an estate in the land in question as is mentioned in section 16(1).
(2) A restocking notice is a notice requiring the person on whom it is served—
(a) to restock or stock with trees of a specified species the land or such other land as may be agreed between the Department and that person; and
(b) to maintain those trees in accordance with the rules and practice of good forestry for a period, not exceeding 5 years, specified in the notice.

Appeal against restocking notice
23—(1) A person on whom a restocking notice has been served who objects to the notice or to any requirement contained in the notice may appeal to a person appointed under section 26.
(2) On an appeal under this section the person appointed under section 26 may—
(a) confirm the notice, or
(b) direct the Department to withdraw the notice or modify it in such manner as is specified in the direction.
(3) It is the duty of the Department to give effect to any direction under subsection (2)(b).

Enforcement of felling licence conditions and restocking notice

Notice to require compliance with felling licence conditions or restocking notice
24—(1) The provisions of this section apply if—
(a) any condition of a felling licence is not complied with; or
(b) any restocking notice served by the Department is not complied with.
(2) The Department may give to the person responsible a notice (an “enforcement notice”) requiring such steps as may be specified in the notice to be taken within such time (not being less than the prescribed period after the notice has become operative) as may be so specified for remedying the default.
(3) For purposes of subsection (2) “the person responsible” is—
(a) in the case of non-compliance with the conditions of a felling licence, the person specified in subsection (4); and
(b) in the case of non-compliance with a restocking notice, the person on whom the notice was served.
(4) The person referred to in subsection (3)(a) is—
(a) the applicant for the licence, if on the date the notice is served the applicant has such estate in the land as is referred to in section 16(1); or
(b) in any other case, the owner of the land.
(5) If after the expiration of the time specified in the enforcement notice any steps required by that notice have not been taken, an authorised person may, subject to section 25, take those steps.
(6) If an authorised person, in the exercise of powers under subsection (5), takes any steps required by an enforcement notice, the Department may recover from the person to whom the notice was given any expenses reasonably incurred by the Department in connection with the authorised person taking those steps.
(7) Any sums recoverable under subsection (6) may be recovered summarily as a civil debt.
(8) A person who without reasonable excuse fails to take any steps required by an enforcement notice given to that person commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(9) A person who is required by an enforcement notice to carry out works or take any other steps may carry out those works or take those steps notwithstanding any lease, covenant or contract relating to the trees or land affected by the notice.

Appeal against enforcement notice
25—(1) A person to whom an enforcement notice is given in relation to a felling licence may appeal against the enforcement notice to a person appointed under section 26 on the grounds—
(a) that the conditions of the licence have been complied with; or
(b) that the steps required by the enforcement notice to be taken are not required for compliance with the conditions of the licence.
(2) A person to whom an enforcement notice is given in relation to a restocking notice may appeal against the enforcement notice to a person appointed under section 26 on the grounds—
(a) that the restocking notice has been complied with; or
(b) that the steps required by the enforcement notice to be taken are not required by the restocking notice.
(3) An enforcement notice shall be inoperative—
(a) until the expiration of the period for bringing an appeal under this section; and
(b) where an appeal is brought under this section, until the conclusion of any proceedings under this section on that appeal.
(4) On an appeal under this section the person appointed under section 26 may—
(a) confirm the enforcement notice, or
(b) direct the Department to withdraw the notice or modify it in such manner as is specified in the direction.
(5) It is the duty of the Department to give effect to any direction under subsection (4)(b).

Supplementary

Appeals under this Part
26—(1) The Department shall appoint a person to determine an appeal under section 20, 23 or 25.
(2) A civil servant employed in the Department shall not be appointed under this section.
(3) The Department may by regulations provide—
(a) for appeals under section 20, 23 and 25 to be made in such manner and within such time as is prescribed;
(b) for the procedure to be followed, and powers to be exercisable, by a person appointed under this section in, or in connection with, determining an appeal under section 20, 23 or 25.
(4) The Department may pay to a person appointed under this section such remuneration or allowances as it may, with the consent of DFP, determine.

Identification of trees
27 An authorised officer may take such steps, whether by marking or otherwise, as the Department considers necessary for identifying trees—
(a) which are the subject of a felling licence; or
(b) in respect of which a felling licence has been refused.

Regulations as to applications, claims and notices
28 A power conferred by this Part to prescribe the manner in which an application, a claim or a notice is to be made or given under this Part includes power to require—
(a) that any particulars specified in the application, claim or notice be verified in the prescribed manner;
(b) that notice of the application, claim or notice be given to a prescribed person or body.

Application of this Part to Crown land
29—(1) In this section “Crown land” means—
(a) land an interest in which belongs to Her Majesty in right of the Crown; and
(b) land an interest in which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department.
(2) Subject to subsection (3), this Part applies in relation to Crown land and trees growing on such land to the extent only of any estate therein which is for the time being held otherwise than on behalf of the Crown.
(3) Except with the consent of the appropriate authority—
(a) no conditions shall be imposed on the grant of a felling licence in respect of trees on Crown land;
(b) no restocking notice shall be given in respect of Crown land.
(4) In this section “the appropriate authority” in relation to any land means—
(a) in the case of land belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the land in question;
(b) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department;
and if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to DFP, whose decision shall be final.

Interpretation of this Part
30 In this Part—
“enforcement notice” has the meaning given in section 24(2);
“felling” includes intentionally destroying by any means;
“felling licence” has the meaning given by section 15(1);
“government department” means a Northern Ireland department or a department of the Government of the United Kingdom;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Department;
“restocking notice” has the meaning given by section 22(1).

PART 4 MISCELLANEOUS AND SUPPLEMENTARY

Right of access to, and byelaws for, forestry land

Public right of access to, and byelaws for, forestry land
31—(1) Subject as follows, the public shall have right of access on foot to all forestry land for the purposes of recreation.
(2) That right of access does not extend—
(a) to any building or structure on forestry land; or
(b) to any facility on forestry land in respect of which a charge is payable under section 3.
(3) That right of access is subject—
(a) to byelaws under subsection (4); and
(b) in the case of land held by the Department under a lease, to the terms of the lease.
(4) The Department may make byelaws—
(a) making such provision as may appear to the Department to be necessary for the preservation of trees or timber on forestry land;
(b) prohibiting or regulating any act or thing likely to injure or disfigure forestry land or the amenities of, or facilities provided on, that land;
(c) providing for the reasonable use of forestry land by the public for the purposes of recreation;
(d) excluding or restricting the right of access conferred by subsection (1) in circumstances or for purposes specified in the byelaws and subject to such conditions (if any) as may be so specified.
(5) An authorised person may exercise such powers and perform such duties as the Department considers necessary for the enforcement of byelaws made under subsection (4).
(6) In particular an authorised person may remove or exclude from any forestry land a person who commits or whom the authorised person reasonably suspects of committing an offence.
(7) Where byelaws under subsection (4) declare a contravention of any provision of the byelaws to be an offence, a person contravening that provision commits an offence and is liable on summary conviction—
(a) to a fine not exceeding level 3 on the standard scale; and
(b) in the case of a continuing offence, to a further fine not exceeding one-tenth of level 3 on the standard scale in respect of each day during which the offence is continued after conviction.

Powers of entry

Powers of entry
32—(1) Subject to the following provisions of this section, an authorised person may, on production if required of that authority, at any reasonable time enter any land for the purpose of—
(a) exercising any functions of an authorised person under this Act; or
(b) enabling the Department to carry out any of its functions under this Act.
(2) A person is not entitled to exercise a power of entry conferred by subsection (1) in relation to any land unless that person has given at least 24 hours' notice of the intended entry to the occupier of the land or such lesser period of notice as may be agreed between that person and the occupier.
(3) Nothing in this section authorises a person to enter a dwelling house.
(4) If it is shown to the satisfaction of a lay magistrate on a sworn complaint in writing—
(a) that admission to the land which any person is entitled to enter by virtue of subsection (1) has been refused to that person, or that refusal is apprehended, or that the land is unoccupied, or the occupier is temporarily absent, or that the case is one of urgency, and
(b) that there are reasonable grounds for entry to the land for any purpose for which entry is required,
the lay magistrate may by warrant authorise that person to enter on the land if need be by force.
(5) Every warrant granted under this section continues in force until the purpose for which entry is necessary has been satisfied.
(6) Any person entering any land by virtue of the power of entry conferred by subsection (1) or by virtue of a warrant granted under subsection (4)—
(a) may take onto the land such other persons and such equipment as may be necessary; and
(b) on leaving any unoccupied land entered by virtue of such a power of entry or such a warrant shall leave it as effectually secured against trespassers as it was found.
(7) Where, in the exercise of the power of entry conferred by subsection (1) or in executing any warrant granted under subsection (4), any damage is caused to land or goods (other than damage expressly authorised by this Act) any person interested in the land or goods may recover compensation in respect of that damage from the Department.
(8) Any question of disputed compensation under subsection (7) shall be referred to and determined by the Lands Tribunal.

Offences

Obstruction of officers, etc.
33—(1) Any person who intentionally obstructs—
(a) any officer of the Department in the exercise of any function under this Act,
(b) an authorised person in the exercise of any such function, or
(c) any other person engaged on works in pursuance of this Act,
commits an offence.
(2) Any person who—
(a) pulls down, removes or damages any works done in pursuance of this Act, or
(b) removes, defaces or damages any pegs, poles or marks placed or made by any authorised person for the purpose of, or in connection with, any such works,
commits an offence.
(3) Any person guilty of an offence under this section is liable on summary conviction—
(a) to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 6 months or to both; and
(b) in the case of a continuing offence, to a further fine not exceeding one-tenth of level 4 on the standard scale in respect of each day during which the offence is continued after conviction.

Prosecutions under this Act
34—(1) Notwithstanding anything in Article 19(1) of the Magistrates Courts (Northern Ireland) Order 1981 (NI 26), proceedings for an offence under this Act may be brought within a period of 6 months from the date on which evidence sufficient in the opinion of the complainant to warrant the proceedings came to the knowledge of the complainant; but no proceedings shall be brought by virtue of this subsection more than 2 years after the commission of the offence.
(2) For the purposes of subsection (1)—
(a) a certificate signed by or on behalf of the complainant and stating the date on which such evidence as is mentioned in that subsection came to the knowledge of the complainant shall be conclusive evidence of that fact; and
(b) a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Supplementary

Regulations
35—(1) No regulations shall be made under section 15 or 21 unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
(2) All other regulations under this Act are subject to negative resolution.
(3) Regulations under this Act may contain such incidental, supplementary, transitional and saving provisions as appear to the Department to be necessary or expedient.

Interpretation
36 In this Act—
“afforestation” includes re-afforestation;
“authorised person”, in relation to any provision of this Act, means a person authorised in writing by the Department for the purposes of that provision;
“the Department” means the Department of Agriculture and Rural Development;
“DFP” means the Department of Finance and Personnel;
“forest”, “forestry”, “forestry land” and “forest products” have the meanings given by section 1(3);
“notice” means notice in writing;
“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33);
“woodland industry” means any industry which uses timber or other forestry products as a major part of its raw materials.

Application to the Crown
37—(1) Subject to—
(a) sections 15(2)(k) and 29 (felling licences), and
(b) the provisions of this section,
this Act binds the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.
(2) A contravention by the Crown of any provision of, or made under, this Act does not make the Crown criminally liable; but the High Court may, on the application of the Department, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3) Despite subsection (2), any provision of, or made under, this Act applies to persons in the public service of the Crown as it applies to other persons.
(4) The powers conferred by section 32 are exercisable in relation to Crown land only with the consent of the appropriate authority.
(5) In this section “the appropriate authority” and “Crown land” have the same meanings as in section 29.

Amendments and repeals
38—(1) In section 5 of the Agriculture (Northern Ireland) Act 1949 (c. 2) (instruction and research in agriculture and related subjects) in subsection (3) in the definition of “related subjects” for paragraph (f) substitute—
“(f)forestry within the meaning of the Forestry Act (Northern Ireland) 2010;”.
(2) In Article 3 of the Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1994 (NI 6) (general duty of Department to balance interests)—
(a) the existing provision becomes paragraph (1); and
(b) after that paragraph insert—
“(2) Paragraph (1) does not apply in relation to forestry land within the meaning of the Forestry Act (Northern Ireland) 2010.”.
(3) The statutory provisions set out in Schedule 2 are repealed to the extent specified in the second column of that Schedule.

Commencement
39—(1) Sections 1 to 34 and 38 (and the Schedules) come into operation on such day or days as the Department may by order appoint.
(2) No order may be made under subsection (1) in relation to any provision of section 10 unless a draft of the order has been laid before, and approved by a resolution of, the Assembly.
(3) An order under subsection (1) may contain such transitional or saving provisions as the Department thinks appropriate.

Short title
40 This Act may be cited as the Forestry Act (Northern Ireland) 2010.

SCHEDULES
Section 5.

SCHEDULE 1COMPULSORY ACQUISITION OF LAND

Compulsory acquisition: vesting orders
1—(1) Where the Department proposes to acquire land compulsorily it may make an order (a “vesting order”) vesting the land in the Department.
(2) The power to make a vesting order in respect of any land by virtue of this paragraph includes power to create and vest in the Department new rights over the land as well as to vest existing rights.

Compulsory acquisition: procedure, etc.
2 Schedule 6 to the Local Government Act (Northern Ireland) 1972 (c. 9) applies for the purposes of the acquisition of land by means of a vesting order made under paragraph 1 in the same manner as it applies to the acquisition of land by means of a vesting order made under that Act, subject to the following modifications—
(a) for any reference to the Department or the council substitute a reference to the Department;
(b) for any reference to that Act substitute a reference to this Act;
(c) omit paragraph 1;
(d) in paragraph 2—
(i) for the words from the beginning to “directs” substitute “ Where the Department proposes to acquire land compulsorily, it shall give notice of its intention to do so, and that notice ”;
(ii) omit the words “in such form and manner as the Ministry directs” ;
(iii) in sub-paragraph (c) for the words “as may be prescribed” substitute “ as the Department considers fit ”;
(e) in paragraph 3(1)(b) after the word “held” insert “ by the planning appeals commission or by any other person ”;
(f) in paragraph 4 omit the words from “and may provide” onwards;
(g) in paragraph 5—
(i) in sub-paragraph (1)(a) omit the words “in the prescribed form and manner”;
(ii) in sub-paragraph (1)(d) omit the words “in the prescribed form”;
(iii) in sub-paragraph (2) for the words “as may be prescribed” substitute “ as the Department thinks fit ”;
(h) in paragraph 6(2) for the words from “fund out of which the expenses of the council in acquiring the land are to be defrayed” substitute “ Consolidated Fund ” and for the words “out of the compensation fund” substitute “ made by the Department ”;
(i) in paragraph 11(3) omit the words “in the prescribed form”;
(j) in paragraph 12—
(i) in sub-paragraph (1) omit the words “such” and “as may be prescribed”;
(ii) in sub-paragraph (2) for the words from “clerk” to “directs” substitute “ Department as correct, and publish ”;
(k) in paragraph 14(1) omit the words “in the prescribed form”;
(l) in paragraph 15(1) for the words “in the prescribed form” substitute “ in such form as may be approved by the Department ”;
(m) omit paragraphs 19 and 20(2).

Compulsory acquisition: land belonging to statutory bodies and inalienable land
3 The power to make a vesting order under paragraph 1 in respect of land—
(a) which is the property of any statutory body which has power under any statutory provision to acquire land compulsorily, or
(b) which is declared by or under any statutory provision to be inalienable,
shall not, where representations objecting to the proposal for making the order have been duly made by the owner of the land and have not been withdrawn, be exercised in relation to that land unless the proposal for making the order has been approved by a resolution of the Assembly.

Compulsory acquisition: land containing historic monuments or archaeological object
4—(1) Nothing in this Schedule authorises the acquisition, without the consent of the Department of the Environment, of any land on or in which there is, to the knowledge of the Department, any historic monument or archaeological object.
(2) In this paragraph “historic monument” and “archaeological object” have the same meanings as in the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 (NI 9).

Compulsory acquisition: powers of entry
5—(1) The powers of entry conferred by section 32 are exercisable in relation to any land—
(a) for the purpose of surveying or examining the land in order to ascertain whether it ought to be acquired by the Department under section 5; or
(b) in connection with any claim for compensation in respect of any such acquisition.
(2) The power to survey land conferred by sub-paragraph (1) includes power—
(a) to ascertain or fix boundaries;
(b) to search and bore for the purposes of ascertaining the course of any sewers or drains or ascertaining the nature of the subsoil; and
(c) to take and carry away, for the purpose of examination, specimens of the subsoil.
Section 38.

SCHEDULE 2REPEALS
Short Title                                                                       Extent of repeal
The Game Preservation Act (Northern Ireland) 1928 (c. 25)                         Section 7A(3)(a).
The Forestry Act (Northern Ireland) 1953 (c. 2)                                   The whole Act.
The Administrative and Financial Provisions Act (Northern Ireland) 1956 (c. 17)   Section 13.
The Financial Provisions Act (Northern Ireland) 1971 (c. 6)                       In Schedules 1 and 2, the entries relating to the Forestry Act (Northern Ireland) 1953.
The Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1977 (NI 12)  Article 7.
                                                                                In Schedules 1 and 2, the entries relating to the Forestry Act (Northern Ireland) 1953.
The Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1984 (NI 2)   Article 20.
The Game Preservation (Amendment) Act (Northern Ireland) 2002 (c. 2)              Section 2(2) and (3).


[16th September 1887]

1 Short title.
This Act may be cited as the Public Libraries Consolidation (Scotland) Act 1887, and shall apply to Scotland only.

2 Interpretation.
In this Act, except where the context otherwise requires, “library authority” and “museum and art gallery authority”, for the purposes of this Act, mean a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; and “area”, in relation to such an authority, shall be construed accordingly.

3 Repeal.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . such repeal shall not invalidate or affect anything already done in pursuance of these Acts, or any of them, and all burghs and parishes in Scotland which before the passing of this Act have adopted the recited Acts shall thereafter be subject to the provisions of this Act: Provided always, that nothing in this Act contained shall prejudice or affect the provisions of the Edinburgh Public Library Assessment Act 1887.

4—6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7—9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 Lands, &c. may be appropriated, purchased, or rented.
The library authority or museum and art gallery authority, as the case may be, may from time to time . . . for the purposes of this Act . . . purchase, feu or rent any land, or any suitable building; and may . . . erect any building suitable for public libraries, public museums, and art galleries, or for any one or more of those objects, and may alter or extend any buildings for such purposes, and repair and improve the same respectively, and fit up, furnish, and supply the same respectively with all requisite furniture, fittings, and conveniences.

11—13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15, 16.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17—20.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21 Powers of committee.
The library authority or museum and art gallery authority, as the case may be, shall manage, regulate, and control all libraries or museums or art galleries established under this Act, or to which this Act applies; and shall have power to do all things necessary for such management, including the following powers; that is to say,
  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  * To purchase books, newspapers, reviews, magazines, and other periodicals, statutary, pictures, engravings, maps, specimens of art and science, gramophone records, tape recordings and films and such other articles and things as may be necessary for the establishment, increase, and use of the libraries or museums or art galleries under their control, and to do all things necessary for keeping the same in a proper state of preservation and repair:
  * To provide from time to time the necessary fuel, lighting, and other matters:
  * To sell or exchange any books, works of art, or other property of which there may be duplicates, provided that the money arising from such sale, and the property received in exchange shall be applied and held for the purposes of this Act:
  * To provide suitable rooms in the libraries within which the books, periodicals, and newspapers may be read:
  * To lend out, to inhabitants of the area of the authority the books of any library under their control, or such of them as they may consider proper; and at their discretion to grant the same privilege to the inmates of industrial schools, training ships, reformatories, barracks, and other similar institutions established for or in the area; and also to any person carrying on business within the limits of the area, or to any employee engaged in employment therein, although such person or employee . . . may not reside within such limits:
  * To compile and print catalogues of all or any books, articles, and things in the libraries or museum or art galleries under their control, and reports of their proceedings, and to sell the same, the proceeds to be applied for the purposes of this Act.

22 Power to committee to make byelaws.
It shall belawful for the library authority or museum and art gallery authority to make byelaws for regulating all or any matters and things whatsoever connected with the control, management, protection, and use of any property, articles, or things under their control for the purposes of this Act, and to impose such penalties for breaches of such byelaws, not exceeding five pounds for each offence, as may be considered expedient; and from time to time, as they shall think fit, to repeal, alter, vary, or re-enact any such byelaws, provided always that such byelaws and alterations thereof shall not be repugnant to the law of Scotland, . . . , and shall be approved of and confirmed by the sheriff exercising jurisdiction in the area of the authority: Provided also, that nothing herein contained shall preclude the library authority or museum and art gallery authority, as the case may be, from recovering the value of articles or things damaged, or the amount of the damage sustained, against all parties liable for the same.

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24 Exhibition of byelaws and proposed byelaws.
A copy of proposed byelaws and a copy of byelaws which have been made by a library authority or a museums and art gallery authority under section 22 of this Act shall be put up in some conspicuous place in each of the libraries, or, as the case may be, the museums or art galleries, of the authority.

25—27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28 Recovery of penalties and forfeitures.
All penalties and forfeitures exigible under this Act, and the Acts incorporated wholly or partially herewith, or under any byelaw made in pursuance thereof, may be recovered by an ordinary small-debt action in the name of the library authority or museum and art gallery authority, as the case may be, before either the sheriff or justices exercising jurisdiction in the area of the authority; and the same shall be payable to the library authority or museum and art gallery authority and shall, when recovered, be applied by them for the purposes of this Act; and in any prosecution under this Act an excerpt from the books of the library authority or museum and art gallery authority certified by the . . . proper officer, shall be held equivalent to the books of the library authority or museum and art gallery authority, and all entries in the books of the library authority or museum and art gallery authority bearing that any book or books mentioned or referred to therein has or have been borrowed by the person complained against shall be taken and received as evidence of the fact, and the onus probandi shall be thrown on the party complained against, and if decree passes against such party, he shall be found liable in costs.

29, 30.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31 Power to add to institutions established.
Where any of the following institutions, namely, a public library, a public museum, a school for science and art, a school for science, a school for art, or an art gallery has been established under any Public Library Act in force for the time being, or under this Act, there may at any time be established, in connexion therewith, any other of the said institutions without further proceedings being taken for the adoption of this Act.

32 Libraries, &c. to be free.
All libraries, museums, or art galleries established under this Act, or to which this Act applies, shall be open to the public free of charge, and no charge shall be made for the use of books or magazines issued for home reading.

SCHEDULES (A) (B)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


[31st July 1963]

Scope of Act

1 Premises to which this Act applies.
(1) The premises to which this Act applies are office premises, shop premises and railway premises, being (in each 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;
and for the purposes of this Act premises occupied together with office premises for the purposes of the activities there carried on shall be treated as forming part of the office premises.
(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 conservators 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;
(d)“dock storage premises” means fuel storage premises which constitute or are comprised in premises to which certain provisions of the Factories Act 1961 apply by virtue of section 125(1) (docks, etc.) of that Act; and
(e)“colliery storage premises” means fuel storage premises which form part of premises which, for the purposes of the Mines and Quarries Act 1954, form part of a mine or quarry, other than premises where persons are regularly employed to work by a person other than the owner (as defined by that Act) of the mine or quarry;
and for the purposes of this Act premises occupied together with a shop or with a building or part of a building falling within sub-paragraph (ii), (iii) or (iv) of paragraph (a) above for the purposes of the trade or business carried on in the shop or, as the case may be, the building or part of a building, shall be treated as forming part of the shop or, as the case may be, of the building or part of the building, and premises occupied together with fuel storage premises for the purposes of the activities there carried on (not being office premises) shall be treated as forming part of the fuel storage premises, but for the purposes of this Act office premises comprised in fuel storage premises shall be deemed not to form part of the last-mentioned premises.
(4) In this Act “railway premises” means a building occupied by railway undertakers for the purposes of the railway undertaking carried on by them and situate in the immediate vicinity of the permanent way or a part (so occupied) of a building so situate, but does not include—
(a) office or shop premises;
(b) premises used for the provision of living accommodation for persons employed in the undertaking, or hotels; or
(c) premises wherein are carried on such processes or operations as are mentioned in section 123(1) (electrical stations) of the Factories Act 1961 and for such supply as is therein mentioned.
(5) For the purposes of this Act premises maintained in conjunction with office, shop or railway 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.

2 Exception for premises in which only employer’s relatives or outworkers work.
(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 , civil partner, 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.

3 Exception for premises where only 21 manhours weekly normally worked.
(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.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Health, Safety and Welfare of Employees (General Provisions)

4 Cleanliness.
(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 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.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Subsection (2) of this section shall not be construed as being in derogation of the general obligation imposed by subsection (1) of this section.
(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.

5 Overcrowding.
(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 metres the area of the surface of the floor of the room is less than 3.7 or the quotient derived by dividing by the first-mentioned number the number which expresses in cubic metres the capacity of the room is less than 11.
(3) Subsection (2) of this section—
(a) shall not prejudice the general obligation imposed by subsection (1) thereof;
(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 the said subsection (1) comes into force as respects premises of that class.

6 Temperature.
(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 the foregoing subsection applies does not involve severe physical effort, a temperature of less than 16 degrees Celsius shall not be deemed, after the first hour, to be a reasonable temperature while work is going on.
(3) The foregoing subsections 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 or railway premises, being a room in which the maintenance of a reasonable temperature is not reasonably practicable or would cause deterioration of goods;
but there shall be provided for persons who are employed to work in a room to which, but for the foregoing provisions of this subsection, subsection (1) of this section would apply, conveniently accessible and effective means of enabling them to warm themselves.
(4) In premises to which this Act applies there shall, on each floor on which there is a room to which subsection (1) of this section 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.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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) of this section 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.

7 Ventilation.
(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.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 Lighting.
(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.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 purpose 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.

9 Sanitary conveniences.
(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 the foregoing subsection shall be kept clean and properly maintained and effective provision shall be made for lighting and ventilating them.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Subsection (1) of this section 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) of this section are satisfied.
(6)... section 45 of the Public Health Act 1936 ... ... (which relates to the provision and repair of sanitary conveniences for factories, &c.) shall not apply to premises to which this Act applies.

10 Washing facilities.
(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 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.
(3),(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Subsection (1) of this section 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) of this section are satisfied.

11 Supply of drinking water.
(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 the foregoing subsection 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) of this section 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) of this section 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) of this section, the requirements of that subsection are satisfied.

12 Accommodation for clothing.
(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.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13 Sitting facilities.
(1) Where persons who are employed to work in office, shop or railway 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) of this section 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.

14 Seats for sedentary work.
(1) Without prejudice to the general obligation imposed by the last foregoing section, 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 dimenstions 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 the foregoing subsection, 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) of this section, the dimensions of an adjustable seat shall be taken to be its dimensions as for the time being adjusted.

15 Eating facilities.
Where persons employed to work in shop premises eat meals there, suitable and sufficient facilities for eating them shall be provided.]

16 Floors, passages and stairs.
(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 staircase 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 the last foregoing subsection 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.

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20—22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25, 26.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27
(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28—41.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special Provisions with respect to Buildings whereof Parts are Office, &c., Premises and with respect to certain contiguous Fuel Storage Premises

42 Provisions with respect to buildings in single ownership.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43 Provisions with respect to buildings plurally owned.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44 Provisions with respect to contiguous fuel storage premises in single ownership.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemptions

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46 Power of authorities who enforce Act to grant exemptions from certain requirements thereof.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information

49 Notification of fact of employment of persons.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement

52 Authorities who are to enforce Act.
(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56—58.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59 Restriction of disclosure of information.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59A.Exception to restriction: public authorities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

61, 62.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences, Penalties and legal Proceedings

63 Offences.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65, 66.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67 Defence available to persons charged with offences.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69 Removal or defacement of documents posted in pursuance of Act or regulations under it.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

71
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72 Appeal from orders made on complaint.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

73 Power of county court and sheriff to modify agreements and apportion expenses.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments of other Acts

74 Amendment of sections 123(1) and 124(1) of Factories Act 1961, and provisions consequential thereon.
(1) For the purposes of section 123(1) (application of Act to electrical stations) of the Factories Act 1961, 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.
(2)—(4).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

75 Amendment of section 125(1) of Factories Act 1961, and provisions consequential thereon.
(1) For the purposes of section 125(1) (docks, etc.) of the Factories Act 1961, 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.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The reference in the said section 125(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 conservators 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.

76 Amendment of Public Health Act 1936.
(1),(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78 Provision for securing exercise of local Act powers in conformity with this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General Provisions

79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80 Regulations and orders.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82 Expenses and receipts.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83 Application to the Crown.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84 Exclusion of application to visiting forces.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

85 Exclusion of application to factories, to certain fish sale-rooms and to parts below ground of mines.
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . nothing in this Act shall apply to any premises which, for the purposes of the Factories Act 1961, form part of a factory.
(2) With the exception of section 75(3) of this Act, 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 1961 apply by virtue of section 125(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 Mines and Quarries Act 1954, are a mine.

86 Exclusion of application to premises occupied for transitory purposes.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions with respect to Northern Ireland, Isles of Scilly and Inner and Middle Temples

87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88 Application to Isles of Scilly.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretaion

90 Interpretation
(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—
  * except in section 1(4) of this Act, “building” includes structure;
  * “contravention” includes, in relation to a provision of this Act or of regulations thereunder, a failure to comply with the provision, and the expression “contravene” shall be construed accordingly;
  * “employed” means employed under a contract of service or apprenticeship (whether oral or in writing, express or implied);
  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  * “fish” includes molluscs and crustaceans;
  * “fuel storage premises” has the meaning assigned to it by section 1(3)(a)(v) of this Act;
  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  * “the Minister” means the Secretary of State;
  * “notice” means a notice in writing;
  * “office premises” has the meaning assigned to it by section 1(2) of this Act;
  * “owner”—
    (a) as respects England and Wales, 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, and
    (b) as respects Scotland, means the person for the time entitled to receive or who would, if the same were let, be entitled to receive, the rents of the premises, building or part of a building in connection with which the word is used and includes a trustee, factor, or person entitled to act as legal representative of a person under disability by reason of nonage or mental or other incapacity, and in the case of public or municipal property, applies to the persons to whom the management thereof is entrusted,
    and “owned” and “ownership” shall be construed accordingly;
  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  * “railway premises” has the meaning assigned to it by section 1(4) of this Act;
  * “railway undertakers” means any persons authorised by an enactment or a provision of an order or scheme made under or confirmed by an Act to construct, work or carry on a railway;
  * “shop premises” has the meaning assigned to it by section 1(3) of this Act;
  * “week” means the period between midnight on Saturday night and midnight on the succeeding Saturday night.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) For the purposes of this Act—
(a) persons employed by railway undertakers to do work the general control of the doing of which is exercised at railway premises, or at office premises occupied by the undertakers for the purposes of the railway undertaking carried on by them and situate in the immediate vicinity of the permanent way, shall be deemed to be employed to work in the premises at which the general control of the doing of their work is exercised notwithstanding that their work is in fact done elsewhere;
(b) neither railway premises nor such office premises as aforesaid shall be taken to be premises in the case of which persons are employed to work therein by reason only of the fact that persons employed by the undertakers who occupy the premises resort to the premises for the purpose only of discharging duties whose discharge is incidental to the work that they are primarily employed to do.
(4) For the purposes of this Act, any such person as follows shall be taken to be employed, namely,—
(a) a person appointed under section 6 or 7 of the Registration Service Act 1953 who exercises and performs his powers and duties in premises provided and maintained by the council within whose area his district or sub-district is situate;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) a member of a police force maintained by a local policing body or a police authority, or
(d) a member of a police force seconded to the National Crime Agency to serve as a National Crime Agency officer.
(5) The definition of a class of premises, rooms or persons for the purposes of any regulations or order under this Act may be framed by reference to any circumstances whatever.
(6) Any reference in this Act to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment.

Short Title, Commencement, Extent and Repeal

91 Short title, commencement, extent and repeal.
(1) This Act may be cited as the Offices, Shops and Railway Premises Act 1963.
(2) This Act shall come into operation on such day as the Minister may by order appoint, and different days may be appointed for the coming into operation of different provisions, of a particular provision in relation to premises of different classes or of a particular provision for different purposes.
(3) This Act shall not extend to Northern Ireland . . .
(4) The enactments specified in columns 1 and 2 of Schedule 2 to this Act are hereby repealed to the extent respectively specified in relation thereto in column 3 of that Schedule.

SCHEDULE 1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 91