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Factories Act 1961 : ウィキペディア英語版
Factories Act 1961

The Factories Act 1961 is an Act of the Parliament of the United Kingdom. At the time of its passage, the Act consolidated much legislation on workplace health, safety and welfare in Great Britain. Though some of it remains in force, it has largely been superseded by the Health and Safety at Work etc. Act 1974 and regulations made under it.
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,〔''(Parkes v. Meridian Ltd )'' () EWHC B1 (QB)〕 or carcinogens〔''(Novartis Grimsby Ltd v. Cookson )'' () EWCA Civ 1261〕 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 £20,000 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)〕
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's Laws of England'' (4th edition) (2004 reissue), vol. 20(1), para. 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 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 of all dangerous parts of machinery but a sequence of judicial decisions under the earlier Acts had restricted the scope of what was "dangerous" only to include hazards that were reasonable foreseeable.〔Cullen (1996)〕〔''Walker v. Bletchley-Flettons Ltd'' () 1 All ER 170〕

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