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Offices, Shops and Railway Premises Act 1963

{{Use dmy dates|date=April 2022}}

{{Infobox UK legislation

| short_title=Offices, Shops and Railway Premises Act 1963

| parliament=Parliament of the United Kingdom

| long_title=An Act to make fresh provision for securing the health, safety and welfare of persons employed to work in office or shop premises and provision for securing the health, safety and welfare of persons employed to work in certain railway premises; to amend certain provisions of the Factories Act 1961; and for purposes connected with the matters aforesaid.

| statute_book_chapter=1963 c. 41

| introduced_by=John Hare, Minister of Labour, 15 November 1962{{ cite web | url=https://api.parliament.uk/historic-hansard/commons/1962/nov/15/offices-shops-and-railway-premises-bill | work=Parliamentary Debates (Hansard) | publisher=Millbank Systems | access-date=2008-08-10 | date=15 November 1962 | title=HC Deb vol 667 cc588-684 }}

| territorial_extent=England and Wales, ScotlandS.91

| royal_assent=31 July 1963

| commencement=from 18 February 1964Offices, Shops and Railway Premises Act 1963 (Commencement No 1) Order 1964, SI 1964/191Offices, Shops and Railway Premises Act 1963 (Commencement No 2) Order 1964, SI 1964/1045Offices, Shops and Railway Premises Act 1963 (Commencement No. 3) Order 1989, [http://webarchive.nationalarchives.gov.uk/20081027072026/http://www.opsi.gov.uk/si/si1989/Uksi_19892312_en_1.htm SI 1989/2317]

| amendments=Workplace (Health, Safety and Welfare) Regulations 1992

| related_legislation=Factories Act 1961

| repealing_legislation=—

| status=Amended

| original_text=https://web.archive.org/web/20110221000147/http://www.legislation.gov.uk:80/ukpga/1963/41/enacted

| revised_text=http://www.legislation.gov.uk/ukpga/1963/41

| legislation_history=

}}

The Offices, Shops and Railway Premises Act 1963 (c. 41) is an act of the Parliament of the United Kingdom. At the time of its passage, the act was intended to extend the protection of workplace health, safety and welfare under the Factories Act 1961 to other employees in Great Britain. Though {{As of|2008|lc=on}} some of it remains in force, it has largely been superseded by the Health and Safety at Work etc. Act 1974 and regulations made under it.

Breach of the residual provisions is still a crime punishable on summary conviction in the magistrates' court by a fine of up to £400 or, on indictment in the Crown Court, imprisonment for up to two years and an unlimited fine.Health and Safety at Work etc. Act 1974, s.33(3){{ cite web | title=Sentencing and costs – Penalties | work=Enforcement Guide | publisher=Health and Safety Executive | url=http://www.hse.gov.uk/enforce/enforcementguide/court/sentencing/penalties.htm | accessdate=2008-07-15 |archiveurl = https://web.archive.org/web/20080516105856/http://www.hse.gov.uk/enforce/enforcementguide/court/sentencing/penalties.htm |archivedate = 2008-05-16}}

In the event of damage arising from a breach of the act, there may be civil liability for breach of statutory duty. Though no such liability is stipulated by the act itself, none is excluded and the facts could be such as to give rise to a cause of action in that tort.Halsbury vol.20(1) 623 A breach not actionable in itself may be evidential towards a claim for common law negligence. In particular, a criminal conviction may be given in evidence.Civil Evidence Act 1968, s.11

Background

The act stemmed from the 1949 Gowers Report which had already led to the Mines and Quarries Act 1954, Agriculture (Safety, Health and Welfare Provisions) Act 1956 and Factories Act 1961. The 1963 Act extended protection to a further 8 million employees.

Scope of Act

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Health, safety and welfare of employees (general provisions)

Sections 4 to 16 defined general broad requirements for safe and healthy workplace working conditions:

  1. Cleanliness

  2. Overcrowding

  3. Temperature

  4. Ventilation

  5. Lighting

  6. Sanitary conveniences

  7. Washing facilities

  8. Supply of drinking water

  9. Accommodation for clothing

  10. Sitting facilities

  11. Seating for sedentary work

  12. Eating facilities

  13. Construction and maintenance of floors, stairways and passageways.

These provisions were repealed and superseded, as far as they applied to "workplaces", by the Workplace (Health, Safety and Welfare) Regulations 1992Reg.27/ Sch.2 with effect from 1 January 1993 for new workplaces and 1 January 1996 for established workplaces.Reg.1 There is still a potential residual scope of application to "offices, shops and railway premises" that are not "workplaces" as the definition of "workplace" is in some ways limited.Workplace (Health, Safety and Welfare) Regulations 1992, reg.3{{ cite web | author=Office of Public Sector Information | title=Workplace (Health, Safety and Welfare) Regulations 1992 - Explanatory Note | year=1992 | url=http://www.opsi.gov.uk/SI/si1992/Uksi_19923004_en_5.htm#exnote | accessdate=2008-04-19 }}

Section 17 made requirements for the safeguarding of machinery but was repealed and superseded by the Provision and Use of Work Equipment Regulations 1992 between 1 January 1993 and 1 January 1997.Regs.1(2)(3), 2, 27(1)/ Sch.2, Pt.I (with reg.27(2))

Section 18 prohibited persons under 18 from cleaning certain hazardous machinery but was repealed and superseded by the Health and Safety (Young Persons) Regulations 1997 on 3 March 1997.Reg.3/ Sch.Pt.I

Sections 20 to 22 gave the Secretary of State the power to make regulations under the act but these powers were repealed with the coming into force of the 1974 act.Offices, Shops and Railway Premises Act 1963 (Repeals and Modifications) Regulations 1974 (SI 1974/1943)

Section 23 restricted manual lifting of weights that might cause injury but these requirements were repealed and superseded by the Manual Handling Operations Regulations 1992 on 1 January 1993.Reg.8(1)/ Sch.2, Pt.I

References

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Bibliography

  • {{ cite book | author=[Various authors] | year=2007 | title=Tolley's Health and Safety at Work Handbook 2008 | location=London | publisher=Butterworths | isbn=0754533182 }}
  • {{ cite web | author=Cullen, W. | author-link=William Cullen, Baron Cullen of Whitekirk | year=1996 | title=The development of safety legislation | work=Royal Academy of Engineering and Royal Society of Edinburgh Lecture | publisher=Royal Society of Edinburgh | accessdate=2008-03-23 | url=http://www.royalsoced.org.uk/events/reports/rae_1996.pdf| archive-url=https://web.archive.org/web/20090327133530/http://www.royalsoced.org.uk/events/reports/rae_1996.pdf| url-status=dead| archive-date=2009-03-27}}
  • Lord Mackay of Clashfern (ed.) (2004) Halsbury's Laws of England, 4th ed. reissue, Vol.20, "Health and Safety at Work"
  • {{ cite book |author1=Ridley, J. R. |author2=Channing, J. |name-list-style=amp | title=Safety at Work | year=2003 | location=London | publisher=Butterworth-Heinemann | isbn=0750654937 }} (Google Books)
  • {{ cite book | title=Health and Safety Law | author=Stranks, J. | location=London | publisher=Prentice Hall | edition=5th | year=2005 | isbn=013197646X }}

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Category:United Kingdom Acts of Parliament 1963

Category:Health and safety in the United Kingdom

Category:Safety codes

Category:Occupational safety and health law