However, the Act continues to have a legal importance as cases of chronic workplace exposure to hazards such as industrial noise, as in the Nottinghamshire and Derbyshire deafness litigation,[3] or carcinogens[4] often extend back in time beyond the current legislation.
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.[5][6]
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.[7] 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.[8]
Content
• 1 Background
• 2 Definition of "factory"
• 3 Health (general provisions)
• 4 Safety (general provisions)
• 5 Welfare (general provisions)
• 6 Health, safety and welfare (special provisions and regulations)
• 7 Notification and investigation of accidents and industrial diseases
• 8 Employment of women and young persons
• 9 Enforcement
• 10 Factories Act (Northern Ireland) 196511 Notes
• 12 References
Background
The Act was the final consolidation of a line of legislation under Factory Acts that began in 1802. In particular, it consolidated the 1937 and 1959 Acts. The Acts were widely regarded as ineffective in practice. Section 14 of the 1961 Act required the guarding