Factories Act, 1955

Interpretation generally.

2.—(1) In this Act, unless the context otherwise requires—

“bakehouse” means any place in which bread, biscuits or confectionery is or are baked by way of trade or for purposes of gain;

“bodily injury” includes injury to health;

“building operation” means the construction, structural alteration, repair or maintenance of a building (including re-pointing, re-decoration and external cleaning of the structure), the demolition of a building and the preparation for, and laying the foundation of, an intended building, but does not include any operation which is a work of engineering construction within the meaning of this Act;

“certifying doctor” means a registered medical practitioner appointed under section 96 of this Act to be a certifying doctor for any of the purposes of this Act;

“class or description”, in relation to factories, includes a group of factories described by reference to locality;

“contravention” includes, in relation to any provision, a refusal or failure to comply with that provision, and “contravene” shall be construed accordingly;

“degrees” means degrees Fahrenheit;

“driving belt” includes any driving strap or rope;

“fume” includes gas or vapour;

“general register” means the register kept in accordance with the requirements of section 122 of this Act;

“harbour” has the same meaning as in the Merchant Shipping Act, 1894 ;

“humid factory” means a factory in which atmospheric humidity is artificially produced by steaming or other means;

“inspector” means an officer of the Minister authorised under section 93 of this Act to act as an inspector for the purposes of this Act;

“machinery” includes any driving belt;

“maintained” means maintained in an efficient state, in efficient working order, and in good repair;

“medical officer of health” has the same meaning as in the Health Act, 1947 (No. 28 of 1947), but also includes a district medical officer under section 52 of the Health Act, 1953 (No. 26 of 1953);

“the Minister” means the Minister for Industry and Commerce;

“multiple factory” means any premises where mechanical power from any prime mover within the close or curtilage of the premises is distributed for use in manufacturing processes to different parts of the same premises occupied by different persons in such manner that those parts constitute in law separate factories;

“owner” means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would receive the rackrent if the premises were let at a rackrent;

“parent” means a parent or guardian of, or person having the legal custody of, or the control over, a young person, and also includes, in relation to any young person, any person having direct benefit from his wages;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“prime mover” means every engine, motor or other appliance which provides mechanical energy derived from steam, water, wind, electricity, the combustion of fuel or other source;

“process” includes the use of any locomotive;

“railway” means any railway used for the purposes of public traffic whether passenger, goods or other traffic and includes any works of the body corporate managing and controlling the railway which are connected with the railway;

“sanitary authority” means a sanitary authority within the meaning of the Local Government (Sanitary Services) Acts, 1878 to 1952;

“sanitary conveniences” includes urinals, waterclosets, earth-closets, privies, ashpits, and any similar convenience;

“ship” has the same meaning as in the Merchant Shipping Act, 1894 ;

“tramway” means a tramway authorised by or under statute and used for the purpose of public traffic;

“transmission machinery” means every shaft, wheel, drum, pulley, system of fast and loose pulleys, coupling, clutch, driving-belt or other device by which the motion of a prime mover is transmitted to or received by any machine or appliance;

“vessel” has the same meaning as in the Merchant Shipping Act, 1894 ;

“welfare regulations” means special regulations made under section 57 of this Act;

“woman” means a woman whose age is not less than eighteen years;

“work of engineering construction” means the construction of any railway line or siding otherwise than upon an existing railway, and the construction, structural alteration or repair (including re-pointing and re-painting) or the demolition of any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipe-line, aqueduct, sewer, sewage works or gasholder, except where carried on upon a railway or tramway, and shall include such other works as may be prescribed;

“young person” means a person whose age is less than eighteen and more than fourteen years.

(2) For the purposes of this Act, machinery or plant shall be deemed to have been constructed or reconstructed before the passing of this Act or the making of regulations under this Act, and a factory or building shall be deemed to have been constructed, reconstructed, extended, added to or converted for use as a factory, before the passing or commencement of this Act, if the construction, reconstruction, extension, addition or conversion was begun before the passing or commencement of this Act, or the making of regulations under this Act, as the case may be.

(3) For the purposes of this Act, a factory shall not be deemed to be a factory in which mechanical power is used by reason only that mechanical power is used for the purpose of heating, ventilating or lighting the workrooms or other parts of the factory.

(4) For the purposes of this Act, an apprentice shall be deemed to be a person employed.

(5) Any reference in this Act to the District Court shall be construed as a reference to the Justice of the District Court having jurisdiction in the District Court area where the factory in question is situated.

(6) References in this Act to any enactment shall be construed as references to that enactment as amended by any subsequent enactment including this Act.