asked the Secretary of State for Employment (1) what consultations he has had with the Health and Safety Commission and with any other body, bearing upon his decision to order the repeal of Section 161 of the Factories Act 1961, pursuant to power vested in him by the Health and Safety at Work etc. Act 1954; and whether he will place a record of such consultations in the Library;(2) for which of the general purposes of Part I of the Health and Safety at Work etc. Act 1974 has Section 161 of the Factories Act 1961 been repealed by virtue of the Factories Act 1961 etc. (Repeals and Modifications) Regulations 1974 (S.I., 1974, No. 1941), and if he is satisfied that any of the general purposes of the Act have been complied with by this repeal.
Arrangements for the administration and enforcement of the Health and Safety at Work etc. Act 1974 and the other relevant statutory provisions, including the Factories Act, are provided in the 1974 Act which, to avoid overlapping, have replaced the equivalent sections of the Factories Act 1961.
Section 161 of the Factories Act was therefore repealed, in its general application, by Statutory Instrument 1974. No. 1941, together with the remaining provisions dealing with administration and enforcement, because the appropriate sections of the 1974 Act were to come into force on 1st January 1975. The section is, however, temporarily retained specifically to cover current proceedings and fire provisions for which new arrangements have not yet been made. I am satisfied with these arrangements.
The Health and Safety Commission, which includes nominees of the TUC and CBI, was consulted at a meeting on 18th October 1974 and agreed.